Barry Strickland, accused in the death of Conway police officer William McGary, has requested specific information, regarding charges against him, from the prosecution.
The motion for a bill of particulars was filed in Faulkner County Circuit Court on Monday by Strickland’s attorney, Frank Shaw.
Strickland, 32, was charged with first-degree battery and driving while intoxicated after police say Strickland struck officer McGary with his vehicle. McGary was directing traffic at an accident Jan. 31 on Dave Ward Drive.
McGary died from injuries Feb. 1.
The bill of particulars motion states Strickland is alleged to have caused "serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life," according to a Feb. 1 criminal information sheet, the defense states.
"The criminal information does not specify what circumstances the defendant is alleged to have been in at the time of the incident," the motion states. "Therefore, the defendant requests the specific circumstances that the defendant was under that manifested an extreme indifference to the value of human life."
The motion also requests "the intoxicant or intoxicants the defendant is alleged to have been intoxicated with at the time of the incident."
A toxicology report, revealed at a May 31 motion hearing, indicated Strickland — a two-tour Iraq war veteran — had no alcohol or non-prescribed drugs in his system at the time of the accident. The report showed Strickland did have prescribed drugs in his system, which Shaw says his client is legally prescribed to treat post-traumatic stress disorder.
Since Strickland’s last hearing Sept. 23, the defense has filed motions to preserve McGary’s clothing, to inspect, examine and test physical evidence, and to evaluate the mental health of Strickland.
Faulkner County Circuit Judge Ed Clawson has ordered for Strickland to undergo a fitness to proceed examination and criminal responsibility examination at the request of the defense.
Clawson set Strickland’s next hearing for Dec. 16 to allow time for the mental evaluation to be completed.
The defense told the court Sept. 23 it planned to file a motion for a change of venue, however, court documents show the motion is yet to be filed. Clawson set a Dec. 1 deadline for motions to be filed.
If convicted of first-degree battery, Stickland would face up to 10 to 40 years or life in prison.