A mistrial was declared Monday in the Baxter County Circuit Court criminal trial of Michael Kennedy, a 47-year-old man charged with aggravated assault after a series of events during a car ride allegedly caused a crash. The case will be rescheduled, officials confirmed.
The charges stem from an incident in April 2024 when Kennedy and his girlfriend were traveling on State Highway 201 North. According to a probable cause affidavit, the pair became embroiled in an argument while she was driving a 2006 Saturn. During the confrontation, Kennedy allegedly grabbed the steering wheel, causing the vehicle to cross into the opposite lane, leave the roadway, hit a culvert, and roll over before coming to rest in a wooded area. Kennedy reportedly told police later that he had “punched” the wheel inadvertently during the argument. The defense has asserted that Kennedy’s contact with the wheel was unintentional and expects testimony from his girlfriend to support that claim. The prosecution, however, anticipates that her account will suggest Kennedy's actions were deliberate.
The mistrial was declared after a written statement from a witness surfaced unexpectedly. This written statement, reportedly made by an Iowa man who had witnessed the accident, had not been previously disclosed to the defense or prosecution. Deputy Prosecutor Cole Ezell attributed the delay to a paperwork error, describing the late discovery as a "glitch." Defense attorney Christopher Sant, however, criticized the Mountain Home Police Department's investigation as "incomplete," citing the absence of accident scene measurements, a failure to download the vehicle’s black box data—which could contain crucial information like speed—and the lack of an accident reconstruction.
According to documents and testimony, the out-of-state witness mentioned in police body camera footage that he had observed the crash and was asked by officers to complete a written statement. The defense claimed the statement was crucial and requested time to reach out to the witness, who they believed might provide new information about how the accident occurred. The newly surfaced document reportedly described the vehicle's path as it left the roadway, which the defense argues could support Kennedy’s version of events.
Sant asked Judge for a mistrial over the delayed disclosure, emphasizing the potential significance of the witness statement. The state, represented by Deputy Prosecutor Kerry Chism, objected to the mistrial, asserting that the statement contained no details that would aid Kennedy's case. Chism noted that the prosecution had not received the statement from law enforcement until Monday, the same day it was shared with the defense.
Ultimately, the court granted the defense's request for a mistrial to ensure time for further investigation. No new trial date has been set yet. Kennedy remains free on a $5,000 bond.