The attorney representing a Faulkner County man of washing blood from the dogs that reportedly attacked and killed a 9-year-old boy in late May is asking a circuit judge to drop the negligent homicide charge filed against his client.
Trey Edgar Wyatt, 26, of Mount Vernon was charged with negligent homicide, a Class A misdemeanor; tampering with physical evidence, a Class D felony; simultaneous possession of drugs and firearms, a Class Y felony; possession of drug paraphernalia, a Class B felony; possession of a controlled substance, a Class C felony; and possession of drug paraphernalia, a Class D felony; following the May 29 dog attack that ultimately killed a 9-year-old boy.
The 26-year-old Mount Vernon man pleaded not guilty last week to the allegations against him, and his attorney, Robert Newcomb, is asking Circuit Judge Charles “Ed” Clawson to sever the negligent homicide charge currently filed against Wyatt.
The defense attorney argues that because the alleged negligent homicide offense happened in a separate location from where the drugs found leading to the four drug-related charges were, the misdemeanor offense should be severed from Wyatt’s case.
Leaving the charges as they are would be prejudicial to Wyatt and also “confusing to the jury,” the defense attorney wrote in his motion.
“[Wyatt] reasonably believes that the State joining the offenses is to get a sentence on the felonies that it would not normally get [by] prejudicing a Jury by the terrible events occurring in the [negligent homicide] charge,” Newcomb’s motion to sever reads in part. “The Defendant because of the joiner of [the tampering with physical evidence charge] with the others cannot testify regarding [the charge] without being subjected to cross-examination as to the other counts.”
According to the probable cause affidavit filed against Wyatt, the Mount Vernon man let his girlfriend’s pit bull dogs out of their Chambers Lane residence on the morning in question after the girlfriend left for work. Lisa Young told investigators he called her shortly after she got to work saying the dogs came back “covered in mud.”
Authorities were initially called to the area at 9:17 a.m. May 29 regarding a missing child report. Nine-year-old Robby Taylor’s mother called 911 because he had disappeared while going to check the mail.
After calling 911 and continuing to search the nearby area, the Taylor family soon found Robby’s lifeless body in a nearby field.
One of the boy’s sisters found his “bloody and mangled body” just before 9:30 a.m., according to court documents. Minutes later, sheriff’s deputies pulled up to the scene and began searching for the dogs the sisters said they saw running from the field where Robby’s lifeless body was found.
Authorities requested a judge to approve a search warrant so that they could look for evidence inside Young and Wyatt’s residence on Chambers Lane after hearing dogs barking inside the home. While waiting for a judge to approve the search warrant request, deputies cleared the property and found Wyatt sitting in a shed. According to the investigator’s report, Wyatt was found in the shed after authorities “had been on his property for over an hour trying to make contact with someone at the residence.”
Inside the home, police reportedly found several spots where it appeared someone had tried to clean blood off the floor.
“There were several articles of fabric and clothing collected that appeared to have blood on them,” the affidavit reads in part. “The floor was still wet in the front room and a mop bucket with [a] mop [in it] was located in the same room. The bathtub in the master bathroom was wet and had large amounts of dog hair in the bottom. Several spots that appear[ed] to be blood were found int he tub and around the tub. It appeared someone made an attempt to clean the areas where suspected blood was found.”
Online records show that Wyatt is scheduled to appear next on Oct. 21 in Faulkner County Circuit Court for a pretrial hearing regarding the aforementioned case.