UPDATE: Benton County Prosecutor Nathan Smith said Wednesday, January 9, his agency plans to pursue a new charge of DWI-Negligent Homicide against Michael Guest.
He is the stepfather of the child, who died in a Tulsa hospital Tuesday from injuries sustained in an accident. Guest was allegedly driving drunk.
According to a probable cause statement, Guest did not attempt to remove his stepson from the vehicle but was crying while still in the water. The temperature at the time of the accident was in the mid-30s and the water was extremely cold.
Guest did not provide information as to where his son was in the vehicle or where his son was located in the vehicle. He would not willingly stand up, walk, or move on his own and had to be escorted away further away because he was hindering the recovery of his son.
While at the hospital, an officer stated he overheard Guest tell one of the nurses he had consumed three or four alcoholic beverages.
Three hours after the accident, a portable breath test was conducted, which yielded a blood content result of .06
The toxicology report is still pending, according to Smith.
On Tuesday Guest posted a $75,000 bond, according to a court document.
He was previously charged for Endangering Welfare of a Minor and Driving While Intoxicated.
A boy who suffered injuries from a January 3 crash has died.
According to Prosecutor Nathan Smith, Tyner Hemmitt, 11, died at St. Francis Hospital in Tulsa on Tuesday evening, January 8, after being taken off life support as a result of his injuries.
The boy’s stepfather, Michael Guest, was arrested for DWI in Siloam Springs. Guest was transported to the Siloam Springs Regional Hospital where he was treated and released.
The accident occurred at the intersection of Highway 412 and Main Street in Siloam Springs. Guest crashed into a fountain and the vehicle was submerged, according to police.
Guest could face additional charges for the boy’s death.