Broken agreement after ‘24 crash leads to charges

What began as a promise to stay in touch after a parking lot accident at a Gainesville convenience store has escalated into felony charges after the alleged at-fault driver stopped responding, officers say.

Kelly “Mitch” Risley, 37, of Squires, is now charged with two felonies of leaving the scene of an accident with property damage exceeding $1,000 and property damage.  He is also charged with a misdemeanor for not having insurance. 

According to the probable cause statement, prepared by Ozark County Deputy Josh Sherman, on Dec. 30, 2024, a victim came into the Ozark County Sheriff’s Department to report a hit and run involving his vehicle and another at the Phillips 66 convenience station in Gainesville. The victim said the station was the one situated on the south side of the highway with the attached Subway restaurant.

“I met with the victim, and he reported he was fueling up at the pump... on Dec. 29, 2024, at approximately [7 p.m.]. He was driving his truck, 2019 Ram Blue, when a red truck backed into the front of his truck and damaged it,” the report says.

The man said the other driver introduced himself as Mitch Risley, and during the course of the conversation told the man that he didn’t have insurance on the truck at the time. The two men exchanged telephone numbers and agreed to stay in contact with each other to handle the situation.

The victim said he attempted to contact Risley, but he never answered or returned his calls. Therefore, he came to the sheriff’s department to see what could be done. 

When Sherman asked the victim if he’d like to pursue charges, he asked the deputy what he thought he should do. Sherman said he couldn’t answer that for him and asked if he wanted the deputy to attempt to gather insurance information from Risley so he could handle the situation through insurance. The man said that would be an appropriate course of action and that he may consider pursuing charges at a later time so he could get his truck fixed.

On Jan. 4, 2025, the deputy obtained the surveillance footage of the accident from the gas station. The video accurately shows a red truck with a tree company’s business logo on the back glass window (matching that of Risley’s vehicle) back into the front of the victim’s truck on Dec. 29, 2024.

The victim provided the officer with an estimate of damages, prepared by Dent Boys in Mountain Home, Arkansas, which totaled $3,067.

On Jan. 5, 2025, Sherman reportedly met with Risley at his residence and had a brief discussion with him. “He confessed he was involved in the accident with the victim. He said he felt bad for the accident, and that at the time of the accident he didn’t have insurance. He noted he was having financial hardships with the kids around the holidays. I informed him to resume the communication with the victim, as I would be in contact with the victim to relay the lack of insurance and that criminal action could transpire. He was advised to keep the lines of communication open with the victim to maintain civil matters if able before this matter becomes criminal in nature for property damage and operation a motor vehicle without financial responsibility,” Sherman’s report says. 

The deputy then spoke with the victim and relayed that information to him. The man said that Risley had reached out already earlier in the day and that he’d decided to give Risley some time to make the situation right before charges were filed. 

On Jan. 25, the victim met with the deputy in the sheriff’s office and said he hadn’t received any consistent communication and no form of payment to rectify the situation; therefore, he wanted to pursue charges. 

A preliminary hearing is set for 1:30 p.m. March 10.