Northeast Arkansas Circuit Decide-elect arrested on aggravated assault, home battery prices

Douglas Brimhall, a deputy prosecuting lawyer who was elected to a circuit judgeship in northeast Arkansas in March, was arrested earlier this week and charged with one felony rely of aggravated assault on a member of the family and a misdemeanor cost of third-degree home battery.

This story was first broken by Jonesboro Right Now and has been heavily covered by NEA Report.

According to court records, Brimhall, 40, was intoxicated when he arrived dwelling on Could 3 from the Jonesboro Nation Membership. In some unspecified time in the future after returning dwelling, Brimhall apparently stripped all the way down to his underwear earlier than climbing into mattress together with his 16-year-old daughter and trying to wake her. His daughter, the sufferer of the aggravated assault cost, was indignant about being woken up, and she or he and Brimhall had a verbal altercation, the possible trigger affidavit states.

Brimhall dumped a bottle of water on the sufferer earlier than exiting the room. His spouse then left with the sufferer and an individual the affidavit identifies as “Witness 3,” whereas an individual recognized solely as “Witness 2” left in her personal automobile. (Whereas the affidavit doesn’t present any particulars about these witnesses, different publicly out there data says Brimhall has 4 kids, a couple of of whom is round driving age.)

The affidavit goes on to say that, when Brimhall’s spouse, the witnesses and the sufferer returned to the house a short while later, Brimhall jumped on his spouse’s automobile and broke the windshield. The sufferer then exited Mrs. Brimhall’s automobile and threw her drink at Brimhall, who then grabbed the sufferer, pushed her into the yard, restrained her and grabbed her by the throat.

When being choked, the sufferer acknowledged she may barely breathe and at one level couldn’t breathe in any respect. When that is occurring, each Mr. Brimhall and the sufferer fall to the bottom, with Mr. Brimhall on high of the sufferer. Mr. Brimhall’s spouse then tells Mr. Brimhall to get off of the sufferer and go inside, which he does.

When Brimhall was interviewed by police, the affidavit says, he “verify[ed] a bodily altercation, however by no means acknowledged that he choked the sufferer.” Brimhall stated he was trying “to present the sufferer a ‘noogie’ throughout this incident.”

The altercation occurred on Could 3. On Could 7, Brimhall resigned his position as a deputy prosecuting attorney for the Second Judicial District. On Could 14, the Arkansas Supreme Court appointed retired Circuit Decide Robert Edwards to supervise the matter, and Robbie Jones was appointed particular prosecutor to evaluate the case and decide whether or not prices must be filed. (Appointing a decide from exterior the judicial district and a particular prosecutor are frequent practices when the suspect is a public official.)

Edwards signed an arrest warrant for Brimhall on Could 20, and Brimhall was allowed to show himself in on Could 21, according to NEA Report. Brimhall was booked at 10:15 a.m. and launched at 10:31 a.m. with out having to publish a bond. The discharge-decision doc contained with the affidavit says releasing Brimhall on his personal recognizance was applicable as a result of, amongst different issues, Brimhall has a repute as a “nice individual” and his spouse had agreed to assist ensure that Brimhall attends courtroom as scheduled.

Aggravated assault on a member of the family is a category D felony in Arkansas and carries a possible penalty of as much as six years in jail and as much as a $10,000 nice. Home battery is a category A misdemeanor with a punishment vary of as much as one yr in jail and as much as a $2,500 nice.

A conviction or responsible plea to a felony cost would additionally rely as an “notorious crime” underneath Arkansas regulation and would disqualify Brimhall from elected public workplace.

Brimhall’s subsequent courtroom date is scheduled for June 28 in Craighead County.

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