Trooper's Report:
On June 25, 2024, while patrolling I-540 northbound near mile-marker five, I observed a tan Honda Accord (AR LPN ASM33Z)
with a severely cracked front windshield that obstructed the driver’s view. I attempted to pull the vehicle over, but it exited onto
Grand Avenue westbound without stopping. I had my lights and sirens on, following the vehicle as it sped through N 59th
Terrace, including Mohawk Trail, Chippewa Trail, and back onto Grand Avenue eastbound from N 58th Terrace at a high rate of
speed. While pursuing the vehicle, the driver disregarded multiple traffic control devices and traveled into oncoming traffic. Our
highest rate of speed was 70 miles per hour. During the pursuit, I made numerous attempts to perform a Tactical Vehicle
Intervention (TVI) to stop the vehicle at N 62 St and Kinkead Avenue, but each attempt was unsuccessful. During these TVIs,
the vehicle was “brake-checking” and attempting to push me to the shoulder. Eventually, the vehicle crashed through a fence at
540 N 66 St and continued fleeing through a field. I pursued the vehicle through a field behind the property and noticed a cattle
gate was damaged by the vehicle. Despite these efforts, the vehicle was abandoned with significant front-end damage at 1504
Oak Knolls Circle.
Witnesses reported seeing two individuals, later identified as Timothy Fry (driver) and Rusty Willhite (passenger), fleeing from
the vehicle towards Carol Ann Cross Park (1799 S 74 St). After a search, both suspects were apprehended at Camelot and
Dover Circle. Mr. Fry was found in possession of a Honda Civic key. Both suspects were Mirandized and charged accordingly
After leaving the detention facility, I returned to the address of 540 N 66 St to follow up on the damages to the property. The
owner was not located, but I did leave a note to call back Troop H headquarters to add to this original report. Troop H
Communications was notified of this as well as the Fort Smith Police Department Dispatch. On 06/25/2024 I received a call
from the property owner of 540 N 66 St, Hoa Tran, who informed me that he was aware of the damage. He could not give me a
damage estimate, but advised he could when he starts to work on repairing it. I informed him of how to get a copy of the report
and how to get restitution charges. He understood and had no further comments. On 06/26/2024, I received a call from the
owner of the cattle gate at 18 Free Ferry North, Steven Young, who advised me that the property was worth $240. I gave him a
report number as well and explained to him the same process as I did with Mr. Tran. He understood and had no further
comments.
Charges-
Timothy Fry:
5-54-125: Fleeing - Felony - Vehicle or Conveyance Substantial Danger or Death
5-54-125: Fleeing on Foot Property Damage
5-38-203: Criminal Mischief - 1st Degree (Damage $1,00 = $5,000)
Citations:
27-32-101 Unsafe Vehicle - Defective Equipment
27-16-303 Driving on Suspended
27-50-302 Reckless Driving
27-50-302 Leaving Scene of Accident Involving Property Damage Only
Warrants:
2024-WDG-385518 Failure to Appear B Misdemeanor
24-02011 Failure To Appear - B Misdemeanor
24-00910 Contempt - Failure To Pay (Misdemeanor)
17CI-24-243 Petition to Revoke - Felony
Charges-
Rusty Willhite
5-54-125 Fleeing on Foot
Warrants:
24-02426 Failure To Appear - A Misdemeanor
