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  • Writer's pictureDennis McCaslin

Delaware County attorney charged with negligent homicide in May crash arrested again on Monday

An attorney from Jay who has been charged with negligent homicide for a wreck that killed a Bella Vista woman on May 29 in Benton County was arrested again Monday for Driving Under the Influence of Drugs and an Open C0ntainer vi0lation.

According to booking information from the Benton County Sheriff's Office, Jason David Smith, 50, of Bella Vista was arrested by the Arkansas State Police for the violations while out on a $10,000 bail. He bailed out on the Monday charges on Tuesday.

The Arkansas Department of Public Safety crash report filed by the Arkansas State Police after the May 29 accident says 30-year-old Carmen Vaughn was on the back of a 1998 Hately ATC driven by 37-year-old Dustin Simon, Jason Smith of Jay was driving a Dodge Charger pulled out in front of them at the intersection of SH 4s and SH 102 in rural Benton County.

Deputies initially let Jason Smith go after the crash in May. but after a toxicology report showing alcohol and prescription medications were found in his system was returned to Benton County, prosecutors charged him with Negligent Homicide.

In August, his toxicology report came back showing his blood-alcohol content was below the limit at .053 but he also tested positive for three prescription drugs including methadone; a drug usually prescribed for chronic pain and opioid dependence treatment.

Initially, prosecutors declined to file charges against Smith saying “the circumstances did not meet the criteria to pursue the charge” of negligent homicide.

Toxicology results for both men were added to the report and on Aug. 23 it was reported the prosecutor found probable cause to charge Smith.

Smith, was arrested on Sept. 17 on complaints of negligent homicide while intoxicated, careless and prohibited driving, and failure to yield at an unsigned intersection stemming from the May accident.

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