2 people facing rape charges involving incapacitated person in Sebastian County, sheriff says

Story by Nayely Palafox

Two people were arrested in May 2025 for allegedly raping an incapacitated person, according to an investigation by the Sebastian County Sheriff's Department (SCSD).

In an affidavit filed, investigators accuse Ricky Hamby of Hackett and Janette Honeycutt of Fort Smith of raping someone who was "incapable of consent" because they were "physically helpless or mentally incapacitated." 

Officials state that around Sept. 11, 2024, the victim met with the suspects to do an "odd job" as they usually did, according to officials. The affidavit states the alleged victim would often do odd jobs for Hamby and Honeycutt, such as picking up items in their yard. It states that this time the victim was going to move some furniture to earn cash to buy a birthday present.

At around 2 p.m. that day, the affidavit said that when the victim arrived to the home, there was no furniture to move. Instead, the suspects offered the victim apple pie moonshine. They allegedly invited the suspect to stay and "chill," and drank alcohol until around 5 p.m.

The victim needed to go to their home and feed pets, according to the affidavit. Officials said when the victim returned home, their family members noticed they had drank alcohol because they were "staggering" as they got out of their vehicle. 

The affidavit states that the victim went back to the suspects' home and began to "feel the effects of the alcohol," then "felt weird and lost consciousness." The affidavit redacted portions describing what occurred before the victim regained consciousness and did not include specific details.

According to investigators, the victim "could not speak and could not move," woke up in a different room, and lost consciousness a few times while the crime took place.

The victim then reportedly woke up at around 5 a.m. the next day and vomited in the bathroom. Soon after, the suspects drove the victim home mid-morning and allegedly said, "If you ever want to come back down here and drink, we will take advantage of you again," Hamby said. "We took advantage of you when you got messed up drinking and we had fun." 

On Sept. 13, the victim went to the Baptist Emergency Room, where they were referred to the Women's Crisis Center. 

Authorities then contacted Hamby and Honeycutt regarding the rape allegations and interviewed them. Officials also obtained a search warrant to search their phones. Officials state they found videos of the victim speaking incoherently and the suspects mocking the victim's mental state. 

Additionally, the affidavit states that the Arkansas State Crime Lab confirmed Hamby's DNA was involved in the crime. Due to the document being heavily redacted, it's unclear how investigators were able to use DNA evidence in the investigation. 

A jury trial has been scheduled for September 22, 2025. 

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2 people facing rape charges involving incapacitated person in Sebastian County, sheriff says 

Supreme Court Judge Rejects Change of Residency in Guardianship Case

by Michael Korsinsky

In a recent guardianship case, the Second Judicial Department reversed the Supreme Court Judge’s decision to terminate, sua sponte, the guardianship of the incapacitated person (IP), as the judge should not have done so without holding a hearing.

Under Article 81 of the Mental Hygiene Law, a guardianship may only be terminated by application of the guardian, the IP, or any other individual who is entitled to initiate a proceeding. However, the court terminated the guardian’s request for guardianship without a hearing, as well as the motion for leave to request a change of residency for the IP from New York to an assisted living facility in Greece. The Second Judicial Department determined that the guardian’s motion will be granted for guardianship, for leave, and for the change of residence.

What is the Background of the Case?

In April of 2018, the IP’s guardian was asked to be appointed guardian of the IP in order to manage a property in Greece. Following a hearing, the Supreme Court found the IP to be incapacitated according to Article 81 of the Mental Hygiene Law. As a result, the court approved the request for guardianship.

In September of 2018, the IP developed health issues and was unable to communicate in English. As a result, the IP was admitted to an assisted living facility in Greece.

In November of 2018, the guardian requested that the IP’s residency be changed from New York to the assisted living facility in Greece while continuing to maintain residency in New York. The court denied the motion without a hearing, and terminated the guardianship sua sponte, citing a lack of ongoing connection between the guardianship and New York.

According to the Second Judicial Department, the Supreme Court should not have terminated the guardianship without conducting a hearing. In addition, there was sufficient evidence provided by the guardian to show that the change of residency was in the IP’s best interest. As a result, the Supreme Court should have granted this request as well.

What Do I Need to Know About Guardianship for Incapacitated People?

According to Article 81 of New York’s Mental Hygiene Law, the courts may appoint a guardian to help manage an individual’s personal and financial affairs if they become incapacitated. Depending on the specific needs of the person who is incapacitated, guardianship orders are tailored to meet those needs. For example, some people who are deemed incapacitated may only require limited assistance, and the court may appoint the guardian power to make decisions that are limited to financial management.

For individuals who are severely incapacitated, the court may grant a guardian full financial management power, as well as the power to decide if and when the IP should be moved to a nursing home or a long-term care facility.

What are the Responsibilities of a Guardian?

The responsibilities of a court-appointed guardian vary widely, depending on the circumstances and the degree to which the person is incapacitated.

The following are examples of some of the important responsibilities a guardian may have and the decisions they will have the authority to make on behalf of the IP:

Assistance with Finances: When physical or mental incapacity prevents someone from being able to pay their bills, a guardian can be appointed to help remedy the situation. This can involve paying all bills on time, collecting assets, making responsible investments, and other financial decisions that the IP would likely make if they were able to do so.

Authority to Ensure that the IP and the Home is Clean: It is not uncommon for IPs to either lose interest in or become incapable of completing basic daily activities, including grooming, bathing, getting dressed, using the toilet, preparing meals, and keeping their home clean.

A guardian has the authority to enter the home, arrange for home health care providers and cleaning services, and ensure that the IP is being properly cared for on a regular basis. In extreme cases, the guardian may need to make the difficult decision to place the IP in a residential care facility if it is no longer safe for the IP to remain in the home.

Authority to Stop Physical Abuse: Unfortunately, there are instances where greedy, unscrupulous friends or family members will physically abuse an IP. This appalling behavior can go unnoticed if the IP is unable to move or communicate.

If abuse is suspected, a guardian has the authority to take the appropriate steps to protect the IP and stop the abuse, including:

Obtaining a court injunction that requires the abuser to immediately stop the abusive behavior.
Implementing a home care plan that protects the IP from abuse.

Placing the IP in a residential home.

Granting an order of protection.

Granting the authority to apply to the family court for an order of protection.

Assistance with Medicaid Planning: Caring for an IP can be extremely costly, particularly if the individual is severely incapacitated. Home health care and placement in residential care facilities can cost thousands of dollars per month. A guardian can help obtain Medicaid eligibility for some of these services if the IP’s assets can be transferred or placed into a trust. A court can provide the authorization necessary for a guardian to obtain Medicaid eligibility on behalf of the IP. Additionally, a lawyer can assist in Medicaid planning.

Assistance with Tax Planning: This generally applies to IPs who have considerable wealth. While the IP is still living, they may wish to offer financial gifts to family members since it can be advantageous for estate tax reasons. A guardian has the authority to assist the IP with this process and help avoid costly tax penalties.

How is a Guardian Appointed?

If an individual wishes to be appointed guardian for an IP, a petition must be filed with the court by a petitioner. Once this is filed, a court evaluator will conduct an investigation and submit a detailed report about the case, including an opinion as to whether it is necessary for the individual to be granted guardianship. The petition is filed in the court, a hearing date is set, and close family members of the IP are notified.

At the hearing, the petitioner will be required to present clear evidence that the IP is no longer able to manage certain aspects of their affairs. The court evaluator also presents the report. In most cases, the court will render a decision after the hearing.

Who Can be a Guardian?

In most cases, the court gives preference to family members, the petitioner, and nominees of the IP when it comes to appointing guardianship roles. If, however, family members cannot agree on who should serve as guardian, the court will step in and appoint an independent guardian from a list that is maintained by the court.

The person who wishes to serve as guardian must obtain a bond in an amount that is decided by the court. This acts as an insurance policy that is paid for out of the IP’s assets. It helps protect the IP from any theft or other malfeasance by the guardian. If the bond cannot be obtained for some reason, the court will likely appoint an independent guardian.

Any individual who wishes to serve as a guardian for a family member or close friend must complete a course where the responsibilities and duties of the guardian are explained in detail. Some examples of specific duties that are expected:

Filing an initial report within 90 days of being appointed guardian. This should include a brief summary of the IP’s status and a complete list of the IP’s financial assets.

Filing an annual report with the court by May 31 of each year. The report must provide detailed information about all income and disbursements from the previous calendar year.

Submitting a final report upon termination that summarizes the length of the guardianship and the activities that were performed during the guardianship.

Visiting the IP at least four times per year.

How Can a Lawyer Help with a Guardianship?

An experienced lawyer can help with the legal process of the guardianship and establish what is expected. It is important to speak to a lawyer before beginning the guardianship process to ensure that it goes smoothly.

Westchester Guardianship Lawyers at Korsinsky & Klein, LLP Assist Families with Every Phase of the Guardianship Process

As family members age and their health begins to decline, it can slowly impact their ability to effectively manage finances and make important decisions about their health. While this is difficult for everyone involved, one of the best things that family members can do is to contact one of our Westchester guardianship lawyers at Korsinsky & Klein, LLP. We are committed to protecting those who can no longer advocate for themselves. For an initial consultation, call us at 212-433-2712 or contact us online. Located in Brooklyn and Manhattan, New York, and Lakewood, New Jersey, we serve clients throughout New York and New Jersey.

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Supreme Court Judge Rejects Change of Residency in Guardianship Case

2,300 guardianship cases were mislabeled, inquiry finds

By Colleen Heild

An examination of more than 20,000 guardianship cases in the New Mexico court system uncovered more than 2,300 ongoing cases that were labeled “closed” even though the incapacitated person involved was still alive.

Under new legislative, and judicial adult guardianship and conservatorship reforms, those mislabeled cases have since been moved to open, active status, a senior attorney with the Administrative Office of the Courts told a guardianship reform committee Tuesday.

“This allows for the judge assigned to be able to do ongoing monitoring,” Patricia Galindo, senior staff attorney at the Administrative Office of the Courts, told the committee.

But it wasn’t clear Tuesday whether any incapacitated person may have fallen off a judge’s radar while their case was labeled “closed.”

Galindo said she understands annual reports typically were still being filed by guardians and conservators in such cases.

Judges rely on such reporting to ensure the welfare of the incapacitated person, who relies on guardians to make daily living and other decisions, and on conservators to handle their finances.

Closing out a civil case in the courts’ case management system typically means that it doesn’t “need any further judicial attention,” said state Supreme Court Justice Shannon Bacon, a member of the guardianship reform steering committee.

But that isn’t usually true in guardianship or conservatorship cases, which can sometimes run for years.

They generally end up closed when the incapacitated person has died or the guardian or conservator is no longer needed.

With the AOC review of guardianship and conservatorship cases, a total of 5,816 are now open and active, Galindo told the committee.

The review, which covered the period of July 2018 to June 2019, was part of a “clean up” to account for all guardianship and conservatorship cases in the system, some that dated back to 1947.

The case review was one aspect of a multiyear reform of the system mandated by the state Legislature and the judiciary.

Even before her appointment to the Supreme Court in January 2019, Bacon as a district court judge in Albuquerque advocated for enhanced transparency and accountability in the traditionally closed adult guardianship system.

Premature closures

She said she had heard in recent years that some court clerks around the state would close such cases once a petition for guardianship or conservatorship was granted by a judge and a guardian or conservator appointed. That occurred even though regular reports are supposed to be filed each year about the incapacitated person’s welfare and finances.

“We knew that (cases were being closed) when we were doing our big push in the Legislature (for reforms),” Bacon said. “We knew there were cases that were mislabeled.”

Asked whether some judges may have lost track of incapacitated people as a result, Bacon told the Journal, “Judges can only speak to what they’ve learned about their own cases.”

“When I was doing the case review and I was still at the district court, I was relieved to find out that nothing had gone horribly sideways.”

Bacon said she kept a spreadsheet of her guardianship and conservatorship cases to ensure every incapacitated person was accounted for.

Judges themselves, not court clerks, must keep track of when inventories of property, and annual reports and 10-year reviews are due.

Education lacking

Bacon on Tuesday said she believed plans to educate court staff on the reforms failed to include “incredibly important” training for judges.

She pointed out that some 40 new judges have been appointed in New Mexico in the past two years the reforms have been enacted.

In the busiest state courts, judges average some 1,200 to 1,300 cases. Only a small percentage involve guardianships or conservatorships.

New judges, she said, may not realize the kind of “red flags” that can surface in annual reports. They also might not know what questions to ask of a guardian or conservator to ensure the welfare of the incapacitated person or to identify financial improprieties.

“It is a disservice to my colleagues and to the public if we don’t make this (training) really coordinated and uniform so we are ensuring everybody gets the same information,” she told the committee.

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2,300 guardianship cases were mislabeled, inquiry finds

Who can sign for an incapacitated person if there’s no power of attorney?

By Karin Price Mueller | NJMoneyHelp.com for NJ.com

 

Q. In the absence of a durable power of attorney, who has the right to sign for an incapacitated person?

— A friend

A. It depends on what needs to be signed.

In order to engage in financial transactions with respect to assets solely owned by the incapacitated person who did not execute a power of attorney, a guardian will have to be appointed, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.

For this, an application will have to be filed in the probate part of the Superior Court of New Jersey in the county where the incapacitated person resides.

“Absent an emergency, a guardian also will need to be appointed in order to make medical decisions for an incapacitated person who has not signed a health care proxy,” she said. “It generally is not necessary to be appointed as an agent under a power of attorney or health care proxy or legal guardian for someone else to sign an assisted living or nursing home admissions contract or a Medicaid application.”

But before you sign someone else’s admissions contract, but sure to read the fine print to make sure you don’t become responsible for the bills.

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Who can sign for an incapacitated person if there’s no power of attorney?

Defining the players

ALBUQUERQUE, N.M. — It is important to understand the various players in a case involving an incapacitated person. Among the positions a New Mexico District Court judge appoints:

Guardian Ad Litem 

The court appoints an attorney to represent the person alleged to be incapacitated. They are present at court proceedings to speak on behalf of the potential ward and inform the court as to what they believe is in the potential ward’s best interest.

 

Court Visitor

This person is usually a social worker or for-profit care manager who evaluates the potential ward, determines what they are capable of doing and what daily activities they need help with. They present their findings about family dynamics to the court and make a recommendation on whether a permanent guardian should be appointed.

Qualified Health Care Professional

A physician, nurse practitioner, psychiatrist or a neuropsychologist is assigned to determine the level of mental and physical impairment and make a report to the court. In New Mexico, such a report is routinely ordered even if the elder has already been determined to have dementia.

Permanent Guardian

This person is appointed after an initial 60- to 90-day assessment to make decisions about a ward’s medical care, where they will live, what kind of care they will receive and who will provide that care. After hiring in-home caregivers, the guardian often relies on their firsthand reports about conditions in the home, especially family relationships with the ward. A guardian can be a for-profit corporation or an individual, such as a family member.

Conservator

This appointee can be a bank, corporation or an individual. The conservator handles all of the ward’s finances. They pay the monthly bills, maintain the ward’s home and property, manage the estate investments and make decisions about what the ward’s future care needs might be, ensuring there are enough assets in place to pay for that care. The conservator, working with the guardian, can also hire companies to provide services for the ward.

Caregiver

This position is determined by the guardian, who hires the necessary number of staff to provide the ward with in-home care. Caregivers are assigned to wide-ranging tasks, from providing simple companionship and light meal preparation to constant bedside monitoring with responsibility for dispensing medicines. They are usually provided by a company, which bonds the employees and conducts background checks.

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Defining the players