Powell to stand trial for DWI resulting in death on Hwy. 96

By: 
Steve Chapman

Benjamin Powell

Driver tests positive for six different drugs during crash
 
A Springfield man is being held without bond at the Lawrence County Jail after being arraigned on charges of driving while intoxicated, resulting in the death of another and driving while Intoxicated, resulting in serious injury. Benjamin Powell, 30, is accused of causing the death of Richard Guthrie, 72, of Branson, and serious injury to Linda Guthrie, 71, Richard Guthrie’s spouse as a result of crashing into their vehicle while driving while intoxicated.
Fatality details
According to the accident report in the case, the crash occurred on Feb. 18 of this year. Powell was driving a 2011 GMC Sierra on Missouri Highway 96 two miles west of Halltown when his vehicle crossed the center line and struck the 2019 Toyota RAV4 being driven by Richard Guthrie. Richard Guthrie was pronounced dead at the scene, while Linda Guthrie suffered serious injuries and was taken to Cox South Hospital. Powell received moderate injuries and was also transported to Cox South. All of them were wearing safety devices at the time of the crash.
A member of the Missouri State Highway Patrol who arrived on the scene spoke to the driver of the Sierra, later identified as Powell. The trooper asked Powell if he’d been driving. He replied that he had.
The trooper then asked Powell what happened, and reported that Powell started crying, appeared to be confused and started mumbling; the trooper was unable to make out what Powell was saying. Steven Powell, Benjamin Powell’s father, identified Benjamin Powell to the trooper and said he was following Benjamin as they were coming from Carthage.
Witnesses report reckless driving from Powell, at 100 mph
The trooper also spoke to a number of witnesses to the accident. One witness said she was following the RAV4 when she saw the Sierra cross the center line and strike the RAV4. She said she had to stop and put her vehicle in reverse in order to avoid being hit by the spinning truck.
Another witness said he’d been driving east on Highway 96 when a black truck he tracked on his road imaging radar going at 100 miles per hour passed him. The witness said the truck ran off the right side of the road, came back and went over the centerline. After that, the witness said, he lost sight of the truck until he came upon the accident; the same black truck was involved. Three other witnesses told the trooper that they saw the truck traveling at a high rate of speed.
The trooper reported he was unable to give Benjamin Powell any sobriety tests due to the severity of his injuries, but “based upon witness statements, his inability to operate his vehicle safely, and the severity of the crash,” the trooper arrested Powell for driving while intoxicated. He then released Powell to the Mercy Paramedics for treatment.
Powell positive for six different drugs
The trooper reported that toxicology results for Powell showed a positive result for: Amphetamines, Methamphetamine, Cannabinoids, Methadone, Opiates and Benzodiazepines.
Powell appeared in court from the Lawrence County Jail via video for a preliminary hearing on Monday, Sept. 14, and pleaded not guilty to the charges. He is next scheduled to appear in court on Thursday, Nov. 19.
Linda Guthrie has also filed a civil suit against Powell for the death of her husband and the injuries she sustained in the crash. She is asking for $75,000 in actual damages and other relief as determined by a jury.
 

Category:

Lawrence County Record

312 S. Hickory St.
Mt. Vernon, MO, 65712
www.lawrencecountyrecord.com

Facebook

Please Login for Premium Content