CAMDEN, Ark. — The retrial of Jeremy Burney in connection with the 2023 death of David Clark did not begin as scheduled Monday in Ouachita County Circuit Court.

Burney was expected to return to court June 8 for a new jury trial on a negligent homicide charge. Radio Works was informed at the courthouse that Burney’s attorney had requested a continuance earlier in the morning because of scheduling conflicts.

The next reported jury trial setting is August 14, 2026. The updated continuance order had not yet appeared in the online court record as of Monday afternoon.

Burney is charged with negligent homicide, a Class B felony, following an October 28, 2023 crash on U.S. Highway 79 in Ouachita County that took the life of David Clark of Camden.

The Arkansas State Police preliminary report states that Burney was driving a 2017 Chevrolet Silverado southbound in the inside northbound lane of U.S. Highway 79 when the truck collided head-on with a northbound 2015 Ford F-150 driven by Clark. The crash happened shortly after 11 p.m.

The case was first filed in April 2024 with five charges: negligent homicide, driving while intoxicated, driving on a suspended license, reckless driving, and refusal to submit to a chemical test.

An amended criminal information filed January 17, 2025, narrowed the case to one count of negligent homicide.

First Trial Ended With Hung Jury

Burney’s first jury trial began May 28, 2025, in Ouachita County Circuit Court.

The jury deliberated for nearly three hours on May 29 but did not reach a unanimous verdict. Judge Ryan Phillips dismissed the jury shortly after 5 p.m. after jurors sent a second note stating that they remained deadlocked.

Prosecutors said at the time that they planned to retry the case after a new jury pool became available.

State Presented Crash Investigation and Blood-Test Evidence

During opening statements at the first trial, Prosecuting Attorney Margaret West Wynne argued that Burney had consumed alcohol at a birthday celebration before driving in the wrong direction on U.S. Highway 79 for several miles and striking Clark’s vehicle head-on.

The state presented testimony from Ouachita County Sheriff David Norwood, who was among the first people at the scene, and OCSO Lt. Justin Creech, who transported Burney to the hospital for treatment.

Arkansas State Police Corporal John Parker testified that Burney showed possible signs of impairment at the scene and initially declined a breath test.

Parker said he later went to the hospital to check on Clark’s condition and saw Burney in the waiting area. After learning that Clark had died, Parker requested a blood sample from Burney. The sample was collected at about 12:40 a.m.

Testimony during the trial placed Burney’s blood-alcohol level at 0.186%.

The state also presented evidence taken from the electronic data recorders in both vehicles, photographs from the crash scene, drone footage used to create diagrams, and testimony about how the blood sample was collected and tested.

The nurse who treated Burney at Ouachita County Medical Center and Ouachita County Coroner Todd McAteer also testified.

Passenger Testified Burney Was Not Intoxicated

Bobby Risher, who was riding in Burney’s vehicle, testified that she suffered severe injuries in the collision. She told the court that she spent 32 days in the hospital and underwent several surgeries.

Risher testified that Burney had no more than four beers during the birthday celebration at the Razorback Shack in Bearden and was not intoxicated.

She said neither of them was familiar with the area. She also testified that darkness, fog, and poor visibility contributed to the crash.

Defense Questioned Cause of Crash and Timing of Blood Test

Defense attorney Sylvester Smith argued that the crash was not caused by alcohol use.

Smith told jurors that Burney was driving in an unfamiliar area on a dark and foggy night. He argued that GPS directions, road signs, trees in the median, and the layout of the divided highway may have contributed to Burney entering the wrong lane.

The defense also called Tyler Campbell, a friend of Burney’s from the Air Force.

Campbell testified that he had consumed alcohol with Burney in the past and had not seen him appear intoxicated, even after heavy drinking. During cross-examination, Campbell acknowledged that Burney appeared to be wearing an Air Force uniform in photographs from the night of the crash.

Burney also testified in his own defense.

He said he suffered a traumatic brain injury, a broken eye socket, and a broken nose in the crash. Burney testified that he had been unable to return to work because of his injuries and had since left the Air Force.

Burney told the court that he was a daily drinker and would consume between six and 12 beers after work. He said he was not intoxicated on the night of the crash.

Burney also testified that he got out of his vehicle after the collision and tried to help those involved. He said Clark was responsive at the scene and gave a thumbs-up.

Burney told the court that he later learned Clark had died.

“It haunts me,” Burney testified.

Expert Witness Discussed Blood-Alcohol Result

The final witness for the defense was Dr. William Rutledge, who testified as an expert in medicine and pharmacology.

Rutledge said several factors may affect a person’s blood-alcohol level and tolerance for alcohol. He also said a blood sample taken closer to the time of an incident gives a more accurate picture of a person’s condition at that time.

Rutledge testified that most people with a blood-alcohol level of 0.186% would be extremely intoxicated. However, he said the test in Burney’s case was taken more than two hours after the crash and may not reflect Burney’s condition at the time of the collision.

He also testified that symptoms such as dizziness, slurred speech, and poor coordination may be caused by a head injury and may resemble signs of intoxication.

Attorneys Presented Competing Accounts

During closing arguments, Wynne argued that Burney made the decision to drive after consuming alcohol and should have understood the possible consequences.

Smith argued that the collision resulted from a series of circumstances, including fog, darkness, road conditions, road signs, GPS directions, trees in the median, and Burney’s unfamiliarity with the area.

The jury was unable to reach a unanimous verdict.

Case Reset Several Times

Court records show that the case has been reset several times since the first trial.

An order filed April 7, 2026, continued the case to June 8. Burney was expected to appear Monday for a second jury trial, but that trial did not begin.

The next reported jury trial setting is August 14, pending the filing of an updated court order.

U.S. ARMY CORPS OF ENGINEERS WAIVES DAY USE FEES AT RECREATION AREAS IN OBSERVANCE OF ARMY CORPS OF ENGINEERS’ BIRTHDAY
VICKSBURG, Miss – The U.S. Army Corps of Engineers today announced that it will waive day use fees at its more than 2,800 USACE-operated recreation areas nationwide in observance of its birthday, June 16.

The waiver covers fees for boat launch ramps and swimming beaches. The waiver does not apply to camping and camping-related services, or fees for specialized facilities (group picnic shelters) and events. Other agencies that manage recreation areas on USACE lands are encouraged, but not required, to offer the waiver in the areas that they manage.

Visitors are encouraged to contact USACE lake and river projects before visiting to ensure recreation areas are open. More information about the operational status of recreation areas and what they offer can be found at www.corpslakes.us or https://www.mvk.usace.army.mil/Missions/Recreation/.

USACE also offers other fee-free days throughout the year to mark days of celebration and commemoration. In 2026, fee-free days are:
residents Day: 16 February 2026
The U.S. Army Corps of Engineers’ birthday: 16 June 2026
Independence Day weekend: 3-5 July 2026
National Public Lands Day: 26 September 2026
Veterans Day: 11 November 2026

The fee-free initiative was first instituted on Veterans Day 2006 with the intent to support and honor the men and women who have served the nation in the U.S. Armed Forces.

USACE is one of the leading federal providers of outdoor and water-based recreation, hosting millions of visits annually to its more than 400 lake and river projects. It’s estimated that 90% of the USACE-operated recreation areas are within 50 miles of metropolitan areas, offering diverse outdoor activities for all ages close to home.

To discover a USACE recreation site near you, please visit the USACE website at https://corpslakes.erdc.dren.mil/visitors/visitors.cfm or visit www.recreation.gov.                                               

The USACE Vicksburg District is engineering solutions to the nation’s toughest challenges. The Vicksburg District encompasses a 68,000-square-mile area across portions of Mississippi, Arkansas, and Louisiana, that holds nine major river basins and incorporates approximately 460 miles of mainline Mississippi River levees.

 

ASP INVESTIGATING FATAL SHOOTING IN ASHDOWN
June 10, 2026
ASHDOWN, Ark. — At the request of the Ashdown Police Department (APD), special agents with the Arkansas State Police Criminal Investigation Division (CID) are investigating a fatal shooting in Ashdown.

On Tuesday, June 9, 2026, at around 6:30 a.m., officers with the APD and the Little River County Sheriff’s Office responded to a shooting in the 600 block of Brodie Lane in Ashdown.

When officers arrived, they found Derrick Burgess, 35, deceased near the carport of the residence from apparent gunshot wounds.

One person has been taken into custody in connection with the shooting.

The deceased will be transported to the Arkansas State Crime Laboratory to determine the manner and cause of death.

Upon completion of the investigation, CID special agents will submit a case file to the Little River County Prosecuting Attorney’s Office for review and a determination regarding any potential criminal charges.

ASP ICAC TASK FORCE AND MARION COUNTY SHERIFF’S OFFICE ARREST YELLVILLE MAN FOR CHILD EXPLOITATION
June 10, 2026
YELLVILLE, Ark. — On Tuesday, June 9, 2026, Special Agents with the Arkansas State Police (ASP) Internet Crimes Against Children (ICAC) Task Force, assisted by the ASP SWAT Team and the Marion County Sheriff’s Office, executed search and arrest warrants at a residence in Marion County. Jordan Channing Miley, 37, of Yellville, was taken into custody without incident and transported to the Marion County Detention Center, where is being held on a $200,000 bond.  

Miley has been charged with 20 felony counts of Pandering or Possessing Visual or Print Medium Depicting Sexually Explicit Conduct Involving a Child; one felony count of Engaging Children in Sexually Explicit Conduct for Use in Visual or Print Medium; and one felony count of Sexual Extortion.

The charges stem from an ASP ICAC Task Force investigation involving the possession and distribution of child sexual abuse material and related offenses. During the execution of the search warrant, investigators seized multiple electronic devices and digital storage media from the residence.

Additional charges are anticipated pending review of the evidence recovered during the investigation.