Man being treated for mental illness by DHS in jail

After a man was found not mentally fit to proceed in his case, a commitment order was issued by the Baxter County Circuit Court/Criminal Division ordering him into the custody of the Department of Human Services (DHS) for detention, care and treatment.The court ordered DHS to report back in six months as to whether or not 51-year-old Benjamin Guthrie’s mental disease or defect is of a nature to preclude the restoration of a fitness to proceed.
While the six-month deadline is rapidly approaching, Guthrie has been sitting in the Baxter County Detention Center for almost five months while “in jail” treatment is administered.

Jail records indicate that a mental health care provider that has been under contract with DHS has had “several Zoom meetings” with Guthrie.

Experts agree that a jail cell is not the most beneficial location to treat a person with mental illness.

The office of Prosecuting Attorney David Ethredge has reached out to the Department of Human Services in an attempt to get Guthrie into a treatment facility other than the county jail.

KTLO, Classic Hits and the Boot News reached out to Gavin Lesnick, spokesman for DHS. He said the agency could not discuss the details of specific cases but did outline restoration services treatment protocols.

“We begin restoration services in a jail setting for incarcerated individuals. Some individuals can stabilize and be restored to fitness in the jail setting,” Lesnick wrote in an email.

He said if different settings for treatment were recommended, those could include facilities in the community, the Secured Restoration Unit at the Arkansas State Hospital or at one of the other units of the state hospital. The Secured Restoration Unit is a new 16 bed facility for individuals who do not require psychiatric hospitalization and serves to expand the overall capacity for mental health treatment.

Guthrie was arrested in mid-April after he was found inside a white Dodge van parked at Wayne’s Auto Repair located along U.S. Highway 62 East.

The attorney representing Guthrie filed a motion asking the court to order his client to undergo a psychological exam on May 22, the court order was filed, the exam was done July 3 and a report with the not fit to proceed diagnosis was sent to the court July 18.

A not fit to proceed commitment order was issued by the court on August 27.

When Guthrie has made appearance in court, he has spun some odd and off-the-wall stories about his wealth and its source.
Guthrie said he had inherited $200 million from his deceased father, had $9,000 in a checking account and owned property valued at more than $12 million. He claimed the property included a large multi-story hotel in Yellville.

While it was somewhat difficult to follow Guthrie’s recitation of his wealth, he appeared to claim that his father had invented “Taster’s Choice” coffee.

THE ARREST

Two officers from the Mountain Home Police Department responded to the auto repair business on April 19 when the owner reported Guthrie was inside a white van parked on the property.

According to the police report on the incident, it was not the first time Guthrie, who has listed himself as homeless on some court documents, has entered and “resided inside vehicles on the lot.”

He is reported to have been arrested and trespassed from the property previously because of “repeated incidents” of breaking into vehicles with the intent to live in them.

The owner of the repair business said Guthrie exited the van once he had been spotted.

The officers reported that food was found scattered throughout the vehicle as well as burn marks on the headliner and discarded cigarettes on the seats.

According to the probable cause affidavit, the owner said the Dodge van had been locked the day prior and he was unsure how Guthrie had gotten access.

The officer said based on evidence at the scene, it was “apparent” that Guthrie had forced entry into the vehicle.
Guthrie’s bond is set at $5,000.

A few criminal cases have been opened on Guthrie in Boone County, with the last one set up in 2020 when he was initially charged with domestic battery, terroristic threatening and theft of property.

The state dropped the theft of property and terroristic threatening and reduced the 2nd degree battery to 3rd degree battery, a misdemeanor.

He was sentenced to 100 days in the Boone County jail and given credit for 97 days of time served.

The battery case stemmed from injuries his then 71-year-old mother suffered at Guthrie’s hands.

According to the probable cause affidavit Guthrie had threatened to slit his mother’s throat with a shard of glass from a coffee pot he had broken. He is alleged to have threatened to cut his mother when she was sleeping so she would not feel anything.

The mother told officers her son threatened her life on a daily basis.

In early January 2019 Guthrie was also arrested on charges of possessing methamphetamine and paraphernalia used to ingest the drug.

An officer from the Harrison Police Department made the arrest and wrote that Guthrie was acting strangely and would at time punch and kick at unknown objects and say odd things.

The officer noted it was difficult to determine “whether Guthrie was on a controlled substance or just being his normal self” based on past dealings the office had with him.

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