A Springdale man accused of taking financial advantage of an impaired person had the case dismissed by a Washington County judge Oct. 13 after completing a court-ordered diversion program.
John Backus, 52, of Apple Blossom Lane in Springdale faced charges alleging he solicited money or property from an incompetent person. The case was originally filed in Washington County Circuit Court in October 2024. Circuit Judge Joanna Taylor placed Backus into a diversion program on April 1, setting specific conditions for his participation.
The diversion order mandated that Backus commit no violations of the law over a six-month period and maintain no contact with the family members involved in the case. Completion of these terms resulted in the formal dismissal of the criminal charges.
Deputy Prosecutor Madison McEver confirmed that the legal proceedings on the criminal side are now resolved. According to McEver, the financial aspect of the situation was remedied through a separate civil case filed in the same judicial circuit. This indicates that restitution has been issued directly to the aggrieved party, aligning the return of assets with the criminal proceedings that followed the Tontitown Police Department’s initial investigation.
The charge stems from the statutory definition of soliciting money or property from an incompetent person. This classification applies when an individual solicits resources from a person deemed legally incapable of managing their own affairs or protecting their own interests. The classification is relevant to the healthcare and social systems serving Washington County residents, specifically regarding the protection of vulnerable adults who may be unable to recognize the value of a transaction or defend against coercion.
A probable cause affidavit underpinning the charge outlines the circumstances leading to the arrest. The filing by Tontitown police details the interactions that led to the suspicion of exploitation.
The dismissal marks the conclusion of the criminal
Source: NWA Democrat Gazette
