Alma’s husband pleads not guilty in death of Fort Smith teenager | Arkansas Democrat-Gazette

FORT SMITH. The driver of a pickup truck pleaded not guilty Thursday to charges that he was under the influence of drugs when his vehicle struck and killed a 13-year-old boy.

Craig L. Asplund, 61, of Arkansas 282 in Alma, faces charges of reckless homicide while intoxicated and driving under the influence, according to court records.

The plea was entered Thursday by defense attorney Kerry Jernigan in Sebastian County Circuit Court.

Recently filed court documents in the case include subpoenas to Fort Smith EMS, Fort Smith Fire Department and Dr. Greg Gibbons seeking medical records for both Asplund and the slain teenager.

Asplund’s next scheduled court date is Oct. 30, according to court documents.

He remains free on a $25,000 bond posted Tuesday when he surrendered to police on a warrant for his arrest.

Asplund is accused of being under the influence of a narcotic pain reliever on Oct. 11 when the 2016 Ram 2500 pickup truck he was driving hit the Kimmons Middle School seventh-grader.

The boy died from his injuries.

“PEDESTRIAN UNIDENTIFIED”

Police responded around 5:00 p.m. Oct. 11 to a vehicle-pedestrian accident at Kelly Highway and 44th Street.

Asplund left his job at Craig’s Car Care driving a pickup truck that day, and he drove to the intersection of Kelly Highway and North 44th Street, according to a warrant filed Tuesday.

As Asplund turned right onto Kelly Highway, he struck and killed a boy crossing the road in front of the truck, affidavits said.

Although the intersection did not have a painted crosswalk, the crossing qualifies as an “unmarked crosswalk” under Arkansas law, according to the affidavit.

State law states: “…if traffic signals are not installed or inoperative, the driver of a motor vehicle shall yield the right of way, slow down or stop, if required to yield, to a pedestrian crossing the roadway within any marked crosswalk crossing or within any unmarked crosswalk at an intersection,” the affidavit reads.

DRUG TESTED

In a court filing Thursday, Asplund’s defense is asking for, among other prosecution discovery, “any video, body-worn camera video, and in-car video (including) … any video from the ‘BAC’ area.”

“BAC” means blood alcohol concentration test; Asplund was administered three field sobriety tests, which he failed, but when he was given a BAC test, it came back negative, according to court documents.

Asplund was allegedly tense, lethargic and sleepy, police officers said in an affidavit, almost falling asleep while talking to him.

A drug recognition expert was called because police suspected Asplund was under the influence. A drug recognition expert arrived and found Asplund drowsy and slumped in a chair when he entered the room, court documents state.

After testing him, as well as observing and questioning Asplund about his state of health, the drug recognition expert determined that Asplund was impaired by a narcotic pain reliever and could not safely operate a vehicle, as stated in the affidavit.

Asplund told police he takes over-the-counter Nyquil, Tylenol and melatonin, as well as the prescription pain reliever Ketorolac, every night around 10 p.m., according to the affidavit.

He takes the narcotic Tramadol when needed for pain relief, but he said he hasn’t taken Tramadol in two months, according to the affidavit.

Tramadol, a pain reliever commonly used to treat mild to moderately severe pain, belongs to a group of drugs called opioid analgesics, according to the Mayo Clinic.

It acts on the central nervous system to relieve pain.

Urine and blood samples were taken and entered into evidence to be sent to the State Crime Laboratory, but the results of those tests have not been released, according to the affidavit.

According to the authorities, the investigation is ongoing.

Asplund was initially arrested on Oct. 11 for driving under the influence of drugs, a misdemeanor, and was released from the Sebastian County Adult Detention Center on $1,500 bond the next day.