Pearl Harbor

Arkansas Bad Cops Wednesday, July 23, 2008 Pearl Harbor Photo’s never seen From: Njwestrn@aol.com Date: Thu, 15 May 2008 16:37:17 -0400 Subject: Pearl Harbor To: Njwestrn@aol.com This is one E-mail with Photos – you might want to save for history. These photos were shot with an old Brownie camera & were in storage since 1941. Thought you might find these photos very interesting; awesome quality from 1941. These Pearl Harbor photos were recently found in an old Brownie stored in a foot locker. Pay attention to the old vehicles and the number of ships that was in that harbor at that time. Also note the ship casualty list at the bottom. THESE PHOTOS ARE FROM A SAILOR WHO WAS ON THE USS QUAPAW ATF-11O. THEY’RE SPECTACULAR! PEARL HARBOR December 7th, 1941 Pearl Harbor On Sunday, December 7th, 1941 the Japanese launched a surprise attack against the U.S. Forces stationed at Pearl Harbor, Hawaii. By planning his attack on a Sunday, the Japanese commander Admiral Nagumo, hoped to catch the entire fleet in port. As luck would have it, the Aircraft Carriers and one of the Battleships were not in port. (The USS Enterprise was returning from Wake Island, where it had just delivered some aircraft. The USS Lexington was ferrying aircraft to Midway, and the USS Saratoga and USS Colorado were undergoing repairs in the United States ) In spite of the latest intelligence reports about the missing aircraft carriers (his most important targets), Admiral Nagumo decided to continue the attack with his force of six carriers and 423 aircraft. At a range of 230 miles north of Oahu, he launched the first wave of a two-wave attack. Beginning at 0600 hours his first wave consisted of 183 fighters and torpedo bombers which struck at the fleet in Pearl Harbor and the airfields in Hickam, Kaneohe and Ewa. The second strike, launched at 0715 hours, consisted of 167 aircraft, which again struck at the same targets. At 0753 hours the first wave consisting of 40 Nakajima B5N2 ‘Kate’ torpedo bombers, 51 Aichi D3A1 ‘Val ‘ dive bombers, 50 high altitude bombers and 43 Zeros struck airfields and Pearl Harbor. Within the next hour, the second wave arrived and continued the attack. When it was over, the U.S. losses were: Casualties USA 218 KIA, 364 WIA. USN: 2,008 KIA, 710 WIA. USMC: 109 KIA, 69 WIA. Civilians: 68 KIA, 35 WIA. TOTAL: 2,403 KIA, 1,178 WIA. ————————————————- Battleships USS Arizona (BB-39) – total loss when a bomb hit her magazine. USS Oklahoma (BB-37) – Total loss when she capsized and sunk in the harbor. USS California (BB-44) – Sunk at her berth. Later raised and repaired. USS West Virginia (BB-48) – Sunk at her berth. Later raised and repaired. USS Nevada – (BB-36) Beached to prevent sinking. Later repaired. USS Pennsylvania (BB-38) – Light damage. USS Maryland (BB-46) – Light damage. USS Tennessee (BB-43) Light damage. USS Utah (AG-16) – (former battleship used as a target) – Sunk. ————————————————————————————————————————– Cruisers USS New Orleans (CA-32) – Light Damage.. USS San Francisco (CA38) – Light Damage. USS Detroit (CL-8) – Light Damage. USS Raleigh (CL-7) – Heavily damaged but repaired. USS Helena (CL-50) – Light Damage. USS Honolulu (CL-48) – Light Damage. ——————————————————– ————————————————————— Destroyers USS Downes (DD-375) – Destroyed. Parts salvaged. USS Cassin – (DD-37 2) Destroyed. Parts salvaged. USS Shaw (DD-373) – Very heavy damage. USS Helm (DD-388) – Light Damage. ———————————————————————————————————————- Minelayer USS Ogala (CM-4) – Sunk but later raised and repaired. ———————————————————————————- Seaplane Tender USS Curtiss (AV-4) – Severely damaged but later repaired. ———————————————————————————— Repair Ship USS Vestal (AR-4) – Severely damaged but later repaired. ———————————————————————————— Harbor Tug USS Sotoyomo (YT-9) – Sunk but later raised and repaired. ——————————————————————————————– Aircraft 188 Aircraft destroyed (92 USN and 92 U.S. Army Air Corps.) Posted by John Lewis at 2:13 PM 0 comments Tuesday, July 8, 2008 Sulphur Springs Police Chief Pleads Not Guilty Former Sulphur Springs Police Chief Pleads Not Guilty A not guilty plea to one charge of felony theft of property was entered Monday on behalf of a former Sulphur Springs police chief. Andrew Jacob Little, 24, was to be arraigned before Benton County Senior Circuit Judge Tom Keith. A not guilty plea to one charge of felony theft of property was entered Monday on behalf of a former Sulphur Springs police chief. Andrew Jacob Little, 24, was to be arraigned before Benton County Senior Circuit Judge Tom Keith. His attorney, Doug Norwood, waived that arraignment and asked that a not guilty plea be entered. Keith set an omnibus hearing for Aug. 18 and a jury trial for Oct. 7. Little was arrested in April and released on citation. He was later fired from his job. According to court documents, he lived in a house with his stepfather, Richard Cummins, and a sergeant at his department, Jeremiah Nicholson. Cummins had a job that required frequent travel. In March, Little told him the house was burglarized and several of Cummins’ firearms were stolen. Little said a report was filed, a suspect arrested, and the firearms were recovered by the Fort Smith Police Department. In April, Cummins was in Fort Smith and stopped by the police department to check on the status of his guns. He was told they had no record of his guns, which included a 12-gauge pump shotgun, several pistols and two rifles. Little had a poor financial situation at the time and had borrowed money from Cummins, according to court documents. Later that month, an audio device was placed on Cummins by police and a conversation with Little was recorded. Little said guns were in custody of the Sebastian County Sheriff’s Office and that he should have them back soon. A few days later, Gentry and Bentonville police recovered several of the firearms at pawn shops in Bentonville and Centerton. Little later admitted to police that Nicholson pawned the guns at his request and they used the money to pay bills, court documents state. Nicholson told police that Little claimed the guns were his. He pawned them for $3,400 and gave the money to Little, court documents state. The charge against Little is punishable by up to 20 years in prison. Posted by John Lewis at 2:47 AM 0 comments Tuesday, July 1, 2008 Arkansas Bad Cops Former Bentonville Arkansas Firefighter Kevin Thomasson Sentenced To 30 Days In Jail After Ex-Girlfriend And Another Woman Reported Being Raped June 21st, 2008 BENTONVILLE, ARKANSAS – A former Bentonville firefighter began serving a jail sentence for domestic abuse on Thursday. Kevin Thomasson, 34, must serve 30 days in the Benton County Jail. He was found guilty of battery in the third degree, a class C misdemeanor. The decision was handed down by Rogers District Judge Doug Schrantz in August 2007, but Thomasson lodged an appeal in Benton County Circuit Court. Thomasson was also charged with two counts of rape. Thomasson was arrested in January 2007 on suspicion of rape after a former girlfriend claimed Thomasson had raped her. When police interviewed the other alleged victim in connection with the former girlfriend’’s claims, the other woman claimed Thomasson had also raped her. Thomasson testified and denied raping the woman. A jury found Thomasson not guilty of one count of rape. Prosecutors requested that the other rape charge be dismissed. Thomasson requested last month that his misdemeanor appeal be dismissed. He resigned from the Bentonville Fire Department after his January 2007 arrest. Rogers Arkansas Police Officer Sgt. Steve Charles Suspended After Interfering In Investigation June 10th, 2008 ROGERS, ARKANSAS —— A Rogers police sergeant has been suspended for 10 days from his job for off-duty actions that included interfering in a traffic-stop investigation in Fayetteville. Sgt. Steve Charles, a passenger in a vehicle stopped on April 12 by a Fayetteville police officer, committed three violations of the Rogers Police Department’’s standards of conduct, according to a report based on an internal investigation. The report was released to the public on Monday. The driver of the vehicle —— a relative of Charles’’ —— was ultimately charged with misdemeanor driving while intoxicated, according to a Fayetteville Police Department report. Charles was not arrested or charged with a crime. The Rogers police report said that during the stop, Charles relayed a message through the Rogers dispatch center asking for a call from the investigating officer’’s supervisor. Charles then tried to convince him there was no valid reason for the stop. According to the report of the stop, the vehicle was westbound on Lafayette Street near West Avenue when it crossed the center line. When the vehicle stopped at Lafayette and West, the officer saw a brake light not working. The officer stopped the vehicle at Maple Street and Leverett Avenue. Charles, 42, a 13-year veteran of the Rogers force, also tried to get another sergeant at the scene to tell the investigating officer not to arrest the driver, the report said. Rogers police spokesman Lt. Mike Johnson said the internal investigation was launched when someone from the Fayetteville department called the Rogers department two days later to report the incident. The report concluded Charles possibly hurt the department’’s public image and its working relationship with the Fayetteville department. In addition, Charles violated Arkansas Crime Information Center rules against using its system for personal use when he asked a dispatcher to send a message to Fayetteville, the report said. Rogers Police Chief Steve Helms said Charles’’ position as head of the crime suppression unit is safe. ““There’’s no reason to change his assignment,”” because he was not demoted in rank, Helms said. Charles did not immediately return a message left on his office voicemail and there is no public phone listing in his name. Charles will not be paid during the suspension, which began Saturday. Four Arkansas Police Cadets Kicked Out Of Police Academy For Cheating May 25th, 2008 ROGERS, ARKANSAS – - Four law-enforcement cadets were dismissed Friday from the Northwest Arkansas training academy for cheating three weeks before graduation. A Benton County Sheriff’’s Office deputy, a Washington County Sheriff’’s Office deputy, a Bella Vista Police officer and a Farmington Police officer were dismissed from the academy after the cheating was discovered. The Benton County Sheriff’’s Office was notified on Friday a deputy in the Arkansas Law Enforcement Training Academy in Elm Springs copied answers from a weekly exam and gave the answers to three other cadets. Wade Porter, 37, of Gravette was fired from the sheriff’’s office Friday evening, said Capt. Mike Jones. Porter was with the department for a year as a field deputy. There are four remaining deputies attending the academy, Jones said. ““I was embarrassed”” and ““extremely disappointed,”” Jones said of the situation. ““We work hard to put the best people with this organization.”” The names of the other officers involved in incident were not released by their respective departments or the academy. The weekly exam consisted of topics ranging from auto theft, hate crimes, weapons of mass destruction and death notices, said Steve Farris, the deputy director of academic operations for the academy. The answer key was left on a lectern in the classroom of about eight cadets, an academy official said. Porter copied the answer key and gave it to two other cadets when the officer administering the exam stepped out the room. One of the cadets gave the answer key to a fourth cadet, Farris said. The academy is conducting an investigation into the cheating incident. The dismissed cadets have the right to appeal their termination with the Law Enforcement Standards and Training Commission, Farris said. No cadet has been caught cheating at the academy in Elm Springs, he added. The last termination he was involved in was in 1995 at the training academy in Camden, Farris recalled. A deputy with the Washington County Sheriff’’s Office and an officer with the Farmington and Bella Vista Police departments received the answers to the exam. The cadet with the Bella Vista Police is on administrative leave with pay, said Chief James Wozniak, adding he requested the incident report from the academy but hadn’’t received it as of Tuesday afternoon. Wozniak said it wasn’’t fair to comment on the situation until he saw the report. The cadet joined the department a month before attending the training academy. Previously the cadet worked a couple of years at the Benton County Jail, Wozniak said. The Washington County Sheriff’’s Office is conducting an investigation into the matter, said Kelly Cantrell, a public information officer. The deputy is on administrative leave with pay pending the outcome of the investigation, Cantrell said. There are about 11 deputies from the Washington County Sheriff’’s Office still at the academy. The Farmington Police cadet was fired Monday, said Chief Brian Hubbard. The cadet had been with the Farmington Police for about three months, Hubbard said. ““It’’s a sad situation,”” he added. ““I hate it for these guys. Honor and integrity goes a long ways. Being in this profession, you got to have honor and integrity.”” Bogus Charges Dropped Against Wetback Forgotten In Washington County Arkansas Courthouse Holding Cell For 4 Days Without Food, Water, Or Bathroom May 24th, 2008 FAYETTEVILLE, ARKANSAS – A woman who was forgotten in a courthouse holding cell for four days without food or water will not be prosecuted on the charge that landed her in the system, a prosecutor said Tuesday. A charge of selling pirated recordings was dropped Monday after prosecutors were able to verify Adriana Torres-Flores’’ alibi, Deputy Prosecutor Mark Booher said. She claimed she was watching a booth for someone else when police raided the flea market and seized pirated CDs and DVDs. Torres-Flores, 38, pleaded not guilty in March, and Circuit Judge William Storey ordered her jailed because federal authorities had arrested her in December as an illegal immigrant. A bailiff locked her in a holding cell at the Washington County Courthouse but forgot to call deputies to drive her to the county jail. Court was canceled the next day —— Friday —— because of stormy weather, and the courthouse was closed over the weekend. No food, water or bathroom Torres-Flores had no food, water or access to a bathroom during that time. She was discovered when the work week resumed and treated at a hospital. The bailiff was suspended for 30 days without pay. Torres-Flores’’ attorney, Nathan Lewis, said his client and her family were pleased with the prosecutor’’s decision. ““She doesn’’t want to be in that courtroom again,”” he said. Torres-Flores, originally from Mexico, has lived in the United States for at least 15 years and has three children who are U.S. citizens. She is free on bond in the immigration case, and a hearing is scheduled in December, according to Philip Miller, a deputy field office director for Immigration and Customs Enforcement. Bella Vista Arkansas Police Recruit Scott Vanatta Kicked Out Of Police Academy For Cheating – Chief Wozniak Backs Bad Cop May 24th, 2008 BELLA VISTA, ARKANSAS – Bella Vista’’s police chief said he plans to appeal on behalf of one of his officer who was accused of cheating and expelled from the Arkansas Law Enforcement Training Academy last week. Chief Jim Wozniak said he’’ll appeal officer Scott Vanatta’’s dismissal to the training academy’’s standards commission. ““I haven’’t seen a written report from the academy, but based on what Scott told me, absolutely, yes, we’’ll appeal on his behalf,”” Wozniak said Wednesday. Steve Farris, the academy’’s deputy director, said Vanatta and three other officers were dismissed from the academy after an incident Friday. The others were Benton County sheriff’’s deputy Wade Porter, Washington County sheriff’’s deputy John Staats and Farmington police officer A. J. Jefferson. Because of their expulsions, the four must wait two years before they can apply to return to the academy to become certified law officers in Arkansas. Either the officers or their departments can appeal to the Arkansas Commission on Law Enforcement Standards and Training. The expelled officers could not be reached for comment. Porter, who was fired from the Benton County sheriff’’s office Friday, copied answers to an unattended multiple-choice exam left in a classroom that morning at the Northwest Arkansas satellite of the academy in Elm Springs, Farris said. Porter gave the answers to Jefferson and Vanatta, who gave them to Staats, Farris said. Another officer in the class saw the cheating and reported it to staff, Farris said, who then con- ducted the investigation that led to the officers being dismissed. The off icers were three weeks from graduating from the 12-week program and becoming certified. ““We’’re just floored,”” Farris said. ““We don’’t [know ] why they did this. They weren’’t failing or struggling in the class. Besides it being an ethical lapse, you’’ve got a real lapse of judgment here.”” Farmington fired Jefferson, while Staats and Vanatta have been put on administrative leave with pay in their departments. The Washington County sheriff’’s office is conducting an internal investigation into Staats’’ involvement, spokesman Kelly Cantrell said. Officials at the Benton County sheriff’’s office and the Farmington Police Department didn’’t return calls. Farris said at least one of the officers contends he didn’’t use the answers but that the claim is moot. ““They get a handbook that says they promise not to cheat,”” he said. ““Whether or not they used the answers or received them, it violates the rules.”” He said the last time an officer was caught cheating was in 1995 at the main training academy in Camden. The Northwest Arkansas site opened in 2002. Farris said the teacher who left the answers unattended isn’’t in trouble. It’’s up to the officers to be ethical and police themselves, he said. Hempstead County Arkansas Deputy Sheriff Jeffrey Mayle Arrested, Fired, Charged With Rape May 23rd, 2008 HEMPSTEAD COUNTY, ARKANSAS – A Hempstead County reserve deputy was arrested on a charge of rape. He’’s identified as 47-year-old Jeffery Mayle. A Hempstead County woman told investigators she and her boyfriend had a fight, and that she got out of his car and started walking home. She says she was picked up by Deputy Mayle while walking along a stretch of Highway 355, near the Saratoga Schools. She told investigators that Mayle took her to Millwood Lake and asked her to perform a sexual act. The woman says she refused, but later complied. Mayle has been fired from his job. We’’re told he’’d been with the force since August of last year. After Returning Bribe Money, Carroll County Arkansas Sheriff Robert Grudek Wants Inmates To Pay For Food, Medical Expenses, And Room And Board May 18th, 2008 ROGERS ––The Carroll County Quorum Court passed an emergency ordinance to charge inmates for snack food, medical expenses and potentially room and board, officials say. The quorum court passed the ordinance on Nov. 16 to establish an account for each inmate in the Carroll County Jail to pay for snack food and clothing items through commissary and medical expenses, said Sheriff Robert Grudek. The ordinance allows the jail to charge convicted inmates a fee for being housed in the jail, Grudek said. It will be up to the district or circuit judge if the convicted inmate will have to pay, he added. Grudek said the only drawback to the ordinance is whether the judges will allow the jail to charge convicted inmates fees for housing. Before the program is implemented, Grudek said he wants to sit down with each judge and explain how it will work. Jail administrators are writing the standard operation procedures and waiting on equipment from Tiger, the commissary provider, Grudek said. The ordinance may not go into effect until the first of the year, he added. The medical costs alone for the jail can bankrupt the sheriff’’s office, Grudek said. He added it’’s a ““big expense”” on the county taxpayers to pay for inmates’’ medical costs. County Judge Richard Williams said the fees will come out of an inmate’’s pockets instead of the Carroll County taxpayers’’. If an inmate requires medical attention, whether visiting a dentist or doctor, the jail can charge the inmate a co-payment deducted out of their accounts. If the jail administers medicine, like aspirin, to an inmate, they can charge the inmate a fee, Grudek said. Establishing accounts will help the jail keep track of how much it spends on medical expenses, he said. This year, a female inmate gave birth to a child, which cost the taxpayers several thousand dollars in medical costs. Often, inmates who used methamphetamine are treated for dental problems and expenses can accumulate, Grudek added. An account is established for inmates once they are arrested. If an inmate has cash on him, it may be deposited during the booking process into the account. After that, friends and family can deposit money into an inmate’’s account by providing the jail with a money order. Transacting just money orders will eliminate any state audit problems that could arise from mishandling cash, Grudek said. Joe Lee Mills, justice of the peace, said he ““thinks”” inmates should ““pay their way.”” Mills added he hopes the program deters residents from committing crimes and winding up in the jail. While in the jail, inmates can call a toll-free number located in the holding pod and request any approved items on Tiger’’s list. The items will be deducted from the inmate’’s account and then delivered the next day in clear wrapping to the jail. Upon release from the jail, any remaining account balance will be credited back to the inmate in the form of a check, Grudek said. If an inmate has a negative balance, they are required to pay their fees while on probation or parole. The sheriff’’s office doesn’’t have any figures yet on how much money this ordinance will save the county, he added. Maj. Gene Drake with the Benton County Sheriff’’s Office said the jail doesn’’t operate a commissary now but did several years ago. Inmates receive their hygiene items, clothes and three cold meals a day from the jail, Drake said. Inmates can also have books without images and a trusty can have cigarettes. Calls to Cpl. Jak Kimball of the Washington County Sheriff’’s Office was not immediately returned on Thursday. INFOTEXT (must run) Fast Facts County Jail * The Benton County Jail receives $40 a day for federal inmates, $28 a day for state inmates and $32.50 a day for city agency inmates. The estimated cost to house a Benton County inmate for one day is $37.16. Benton County’’s jail can hold a maximum of 500 inmates and on Thursday was at 473. * The Carroll County Jail receives up to $40 a day for federal inmates, $28 a day for state inmates and $35 a day for county overflow inmates. The jail can house a maximum of 100 inmates and on average houses 70. Veteran Fort Smith Arkansas Police Officer Eric Lasiter Suspended For 30 Days – Facts Hidden From Taxpayers May 10th, 2008 FORT SMITH, ARKANSAS —— A Fort Smith police officer is serving a 30-day suspension after an internal investigation determined he violated a department regulation. Cpl. Eric Lasiter, an 11-year veteran working on the information desk, was suspended without pay as of May 2, according to a news release from the department. Lasiter had 10 days from the start of his suspension to appeal the action, which was taken by Police Chief Kevin Lindsey. Details of Lasiter’’s violation were not disclosed. Dumbass Alma Arkansas Police Officers Keep Residents Out Of Community Storm Shelter During Tornado Warning – Residents May Finally Have Access To Shelter Next Year May 9th, 2008 ALMA, ARKANSAS – Some residents in the area tried to take cover from the storms Wednesday night at a new community tornado shelter in Alma but found themselves locked out. Alma Tornado Shelters Locked During Wednesday’’s Tornado Warning City officials will be looking into procedures for operating the facility. About 20 people came to the shelter Wednesday night to take cover but ended up having to wait outside in the severe weather. Every Alma police officer has a key to the door, but by the time the doors were finally opened by someone else, the storm had already passed. This storm shelter was built last fall on the backside of Alma High School so residents would have a place to go when severe weather rolls through. ““The Alma Police Department has a key to it, and when the sirens sound, a police officer comes down here and unlocks the building,”” said Alma Superintendent David Woolly. But that is not what happened Wednesday night. ““You can’’t always count on an officer being close by, and they may be five minutes away, and you don’’t want that five-minute delay. You want it unlocked when the first person gets here,”” Woolly said. Wednesday night, Heather Barber and her three children were among those locked out, while police were busy tending to a wreck. ““If I knew it wasn’’t going to be open, I would have went somewhere else instead of waiting outside in the storm with my children,”” Barber said. Alma officials will be looking into a system that will automatically unlock the storm shelter when the sirens sound, officials said. Until then, residents will have to wait for someone with a key. ““In an emergency, there should be a plan or backup plan. There should be a well-thought-out plan, because it’’s an emergency!”” Barber said. Switching to the new system should be complete by this time next year, Alma officials said. West Memphis Arkansas Police Shoot And Kill Man With Taser Weapons After Hassling Him For Doing Nothing April 28th, 2008 WEST MEMPHIS, ARKANSAS – Police stopped Dewayne Chatt for loitering. When they were about to make the arrest the 38 year old ran into the Dodge’’s store across the street and locked himself in the managers office. Police ran after him and had to use a taser on him three times before finally getting him into custody. Just over an hour later, Chatt died while locked up in the Crittenden County Jail. ““If he did run from police, they didn’’t have to use excessive force by tasering him and then never giving him medical treatment,”” said Chatt’’s brother Michael. Chatt’’s family says excessive force caused dewayne’’s death. They believe the store’’s surveillance recordings will tell the whole story. ““We want to get the video tape of the actions of the officers so we can see all the people can see how unjustified and and how vigilante these officers are being in West Memphis.”” Meanwhile both the West Memphis Police and sheriff’’s departments have launched an investigation into how Chatt died. They are reviewing the video and waiting on the medical examiners report to determine what caused his death. ““Obviously any time anyone dies in our custody it is a huge concern of ours to make sure there wasn’’t any wrong doing here,”” said Investigator Thomas Martin. Chatt’’s arrest meanwhile is not his first. He has been locked up 12 times on everything from felony drug charges to his most recent stint for disorderly conduct. Chatt was released just yesterday on that charge, hours before he would return to jail where he died. His criminal past is irrelevant his family says as they now deal with his death. ““They in disarray. Everybody is shocked by this unlawful and unjustified homicide,”” said Michael Chatt. Innocent Man Still Facing Bogus Charges As North Little Rock Arkansas Police Attempt To Cover Up Their Wrongdoing During SWAT Raid That Turned Up Nothing – Officers Shot Man Defending His Home 5 Times April 26th, 2008 NORTH LITTLE ROCK, ARKANSAS – Interviewing the people in Tracy Ingle’’s life —— his sisters, his foster brother, his friends —— you hear one line often enough that it soon becomes a refrain: Tracy is no angel. Though all express their love and admiration for him —— a kind man; a man who can fix anything, they say —— they tend to tell you the bad things about him first. A recovering alcoholic, Ingle had a couple of DWIs several years back. When the Arkansas Times spoke to him, he was on house arrest for a 5-year-old failure-to-appear warrant. A car accident in Maryland in 2002 left him with degenerative disk disease in his back and what his sisters said is an addiction to pain killers —— though all of his pills are legally prescribed. Up until Christmas 2007, he had several roommates, many of whom had had recent run-ins with the law. Last year, he agreed to fix a stereo in a friend’’s Mustang —— a car that turned out to be hot —— and got arrested for receiving stolen merchandise. That case still hasn’’t shaken out. No matter what Ingle or those he gave a temporary home to may have done, however, it’’s hard to imagine he deserved what he got Jan. 7. That night, the North Little Rock SWAT team stormed Ingle’’s house on a high-risk, ““no-knock”” search warrant. By the time all was said and done, Ingle had been shot five times —— including one bullet that pulverized his femur and left his leg dangling from his body, connected only by a bloody mess of meat, skin and tendon. According to an evidence list left at Ingle’’s house after the shooting, no suspected drugs or drug residue were recovered from the residence —— only a digital scale, a notebook and a few plastic baggies, all of which Ingle’’s family members have identified as part of the junk they had collectively stored at the house. It might seem strange, then, that Ingle currently stands accused of several serious felonies —— including two counts of aggravated assault. While the North Little Rock police insist they got a dangerous criminal off the streets, Ingle and his family say the charges are all about appearances —— and covering the police. Tracy Ingle’’s biggest problem, those who know him say, is that he just can’’t say no. For five years now, Ingle has lived in a rambling, hand-me-down house on East 21st Street in North Little Rock. The place used to belong to his sister’’s godfather —— has at one time or another been home to nearly all his kin. In recent years, however, as the neighborhood took a rough turn and family moved away, the house became storage and catch-all for Ingle’’s entire clan, the upstairs full of boxes, baby clothes, knick-knacks and Tracy’’s prodigious collection of ham radio gear. A former stonemason who worked federal contracts in D.C. before he hurt his back, Ingle led a hand-to-mouth existence even before he was shot, repairing electronics and doing odd jobs for money. As someone who knows what it is to be down and out, he’’s always been an easy touch, his family says, for those looking to crash at his place long term. They say Ingle would take in nearly anyone with a hard luck story; a situation that even he admits led to a lot of shady characters hanging around the house. Before Christmas, before he put most of them out, there were five full-time roommates living in the house, including a cousin who had recently gotten out of jail after serving time for making meth. As it happened, Ingle was home alone on the night of Jan. 7, when his life went from bad to worse. Earlier that evening, he’’d had an argument with his sometime girlfriend, Sandra Melby. She’’d gone to her friend’’s house in Greenbrier for the night. Around dusk, the night coming on cold, Ingle went back to his bedroom —— a small 10-by-10 room at the rear of the house —— and lay down on the bed to watch television. With the bedroom light still on, he dozed off in the big cannonball post bed that faced the window. At around the same time, things were in synchronized motion at the North Little Rock Police Department. Acting on a warrant signed almost three weeks before —— Dec. 21, 2007 —— by North Little Rock Judge Randy Morley, the NLR SWAT team was gearing up and getting ready to roll on one of the most dangerous things in their job description: a no-knock warrant. Conceived during the Nixon administration, the no-knock warrant —— and the use of militarized Special Weapons and Tactics teams to execute them —— came of age during the drug wars of the 1980s. The rationale behind no-knocks and using SWAT to serve them was simple: As the criminals became more savvy and well-armed, serving drug warrants demanded the element of surprise, and a more well-armed show of force. Given that it’’s a case that has yet to be prosecuted, it should be noted that the North Little Rock Police Department says it is limited in what it can say about Ingle’’s case at this point. There are obvious questions. In the warrant obtained to search the house at 400 E. 21st St., a copy of which was obtained by the Arkansas Times, police say they believe the house in question contained ““crack cocaine.”” That description has been carefully scribbled out, with ““methamphetamine”” written in above and initialed by Judge Randy Morley. According to an affidavit signed by NLRPD narcotics investigator Mickey Schuetzle, narcotics had been sold from the residence. In that document, Schuetzle doesn’’t elaborate on who sold him the narcotics, what was sold, or when. It’’s a fast drive from the North Little Rock Police Department on Main Street to Ingle’’s house, situated on a dead end of East 21st Street, just a few blocks away. The SWAT wagon was there by 7:40 p.m. The movements of the officers once they left the truck had been planned out long beforehand. One team went to the front door on the north side with a battering ram while others took up positions along the perimeter of the house —— including two officers outside Ingle’’s chest-high bedroom window on the west side. As you might expect, there are differences in account of what happened in the explosive next 10 seconds or so. A place that cherishes both its guns and the sanctity of a man’’s home, Arkansas is one of many states that has enshrined some version of the Defense of Premises Doctrine in its laws. It is, simply put, the right to defend your home without fear of prosecution, up to and including killing an intruder who has made forcible entry. It’’s an idea that is dangerously at odds with the concept of no-knock search warrants, says Radley Balko, senior editor of Reason magazine. A former fellow at the Cato Institute, a Washington, D.C., libertarian think tank, Balko did some of the early research into the use of no-knock warrants and militarized police units. Over and over again, Balko said, he sees cases where a SWAT team breaches a house, the homeowner exercises his right to defend his home, and either an officer or the homeowner is killed or injured. The only difference is that when it’’s a cop who gets shot, the private citizen nearly always winds up in jail. ““The dichotomy is very striking,”” Balko said. ““Here you have these violent, confrontational raids where the police are breaking into someone’’s home…… You can understand how the officers might make a mistake. But the person on the receiving end of things —— woken up in the middle of the night, usually by flash-bang grenades which are designed to confuse people —— if they make a mistake, then they’’re held accountable and are usually charged pretty severely.”” Balko said that the rise of the SWAT team has largely been in response to the fear that inner city drug dealers and other criminals have amassed hordes of automatic weaponry to use on police (by contrast, he said, the National Institute of Justice has found that the overwhelming majority of gun crimes were committed using small-caliber, easily concealed handguns). Originally conceived in huge, high-crime cities like Los Angeles, tactical teams have since spread to almost every police department that can afford one, and have often been accompanied by a corresponding militarized mentality —— one that can trickle down even to the rank-and-file officers on the street. It’’s easy to see why. Highly trained and armed to the teeth, often given the most dangerous assignments, being a SWAT officer is about as close to being Batman as most cops are ever going to get: decked out in ninja black, identities hidden from evildoers, with a utility belt full of the latest tactical gadgets. Even so, Balko said, many older police officers he knows are suspicious of the new breed of gung-ho cops who gravitate toward SWAT —— and the us-versus-them mentality an overly militarized police force can create. ““We’’re giving these cops military equipment,”” Balko said. ““We’’re giving them military training in military tactics, and then we send them out and tell them they’’re fighting a war on drugs. It shouldn’’t surprise us at all when they start to treat public streets like a battlefield and private citizens like enemy combatants.”” While Balko said there are legitimate uses for SWAT teams —— hostage situations, armed and violent suspects and the like —— those moments are few and far between, even in cities much larger than North Little Rock. Because tactical teams are expensive to train and equip, that has led many police departments to put them on search warrant duty rather than see them sit idle for years at a time. That’’s exactly the wrong thing to do, Balko said, both for cops and suspects. ““When you’’re sending SWAT teams in after low-level drug users, you’’re creating violence,”” he said. ““You’’re creating a confrontation where there wasn’’t one before.”” No matter what neighborhood you live in, no matter what your rap sheet looks like, try to imagine it: Coming awake in your house, in the middle of the night, to the sound of someone breaking in. What would your first reaction be? ““The only thing I heard was breaking glass,”” Tracy Ingle said. Asleep in his bed when the window directly opposite came crashing in, Ingle’’s first instinct was to reach for the pistol he kept by his bedside —— a cheap Lorcin automatic. Having never been convicted of a felony, it was perfectly legal for him to have the gun; perfectly legal for him to use it to defend his home against intruders. He had bought it a few years before, he said, because of how bad the neighborhood had gotten. His house had been broken into in the past. A few months before, at a store only a few blocks away on Main Street, a robbery had turned into a shootout, and two people had been killed. Even so, Ingle couldn’’t have shot anyone with the gun even if he’’d wanted to. Years before, someone had pounded the wrong clip into the gun and jammed something inside. Ingle and his foster brother, Eric Nelson, say it couldn’’t even chamber a round, much less fire. A second after he sat up, Ingle said, the room ““kind of filled up with light,”” and he could see the officers outside the window, in their black helmets and body armor. ““I could see that they weren’’t robbers, so I threw the gun down,”” Ingle said. ““A second later, I heard one of the police officers say, ‘‘He’’s got a fucking gun’’…… I could hear him turning in the leaves, and as soon as he turned, he turned around and started shooting.”” This is where Ingle’’s story and that of the two officers involved diverge. The officers, identified only as ““Victim 1”” and ““Victim 2”” in a NLRPD investigation report concerning the shooting, both told investigators that Ingle was sitting up and bed and pointing the gun in their faces when they raked away the sheet covering the window, giving them no choice but to open fire. Ingle, meanwhile, says that the gun was already on the floor, and he was in the process of raising his hands when the shooting started. Whatever the case, the first shot that hit Tracy Ingle was devastating —— most likely a high-velocity .223 round, given the damage it inflicted. The bullet entered Ingle’’s leg just above the left kneecap and blew his thigh apart. Surgeons would later replace a large chunk of Ingle’’s femur with a stainless steel rod. He knew he had been shot, Ingle said, and his first instinct was to try to get off the bed —— away from the window, at least, where the two officers were now pouring fire into the room. As Ingle tried, he got tangled up in the blankets and his ruined leg folded under him, the shattered bone grating inside. He fell to the floor in agony. As he fell, the officers outside the window kept shooting, hitting him four more times —— arm, calf, hip and chest. The round that hit him in the chest is still there, too close to his heart to be removed. Days later, Ingle’’s brother, Eric, would dig four more bullets out of a space heater that was only a foot from where Ingle’’s head lay, and spackle up nine bullet holes in the wall over Tracy’’s bed. Some of those rounds had gone completely through and into the bathroom on the other side of the wall, two of them blowing ragged holes through both sides of a plywood shelf. Finally, the shooting stopped. ““After that,”” Ingle said, ““all the police rushed in, and were standing over me and calling me Michael. They kept calling me Michael or Mike, and I wouldn’’t answer them. One of them asked me why I wouldn’’t answer them, and I said, ‘‘My name’’s not Mike.’’ I don’’t remember much after that except them taking me out of the house to an ambulance.”” Brandy Hoover is Tracy Ingle’’s sister. She happens to be a surgical nurse at Baptist Health Hospital in North Little Rock, where her brother was taken after the shooting. Like most of her family, Hoover learned about the shooting from the nightly news. She and Ingle had had a falling out some weeks before the shooting, over what she calls the untrustworthy people he was involved with. After the shooting, however, she visited her brother’’s hospital room any time she could. As someone who deals every day with stringent patient confidentiality laws including HIPAA —— the Health Insurance Portability and Accountability Act of 1996, under which a person can be fined and even imprisoned for releasing details of a patient’’s medical records —— Hoover said she was shocked when, after her brother was released from the hospital after a week and a half in ICU, he was picked up by detectives from the North Little Rock Police Department —— along with all his paperwork, instructions and medication prescriptions. ““When he was discharged, he was discharged to them because they were right there,”” Hoover said. ““I found out later that they had been calling up there every day finding out his status —— which is a huge HIPAA violation. They knew before I knew. They were waiting on him.”” Still wearing hospital scrubs and in a wheelchair, Ingle was taken to North Little Rock Police Department, where he said he was questioned for around six hours, without his pain medication. During the questioning, he says he was never told that he was under arrest, or even that he was suspected of anything. ““The fella that was talking to me said that he was Internal Affairs,”” Ingle said. ““He gave me the impression that he was trying to learn about the shooting and everything that had happened. When he was done, he told me that they were going to put me in jail and he would give it to the prosecutor or whoever, and they would decide what the charges were going to be.”” For his part, North Little Rock Police Chief Danny Bradley said that he has investigated concerns by Ingle’’s family that he was denied his medication or otherwise mistreated while being questioned. ““I have not been able to determine that any of them are substantiated,”” Bradley said, noting that at one time, Ingle’’s sister Tiffney Forrester was claiming that there had been federal marshals at the hospital the night of the shooting. ““There were no federal officers at the hospital,”” Bradley said. ““I’’m satisfied that he was treated in a legal and civil manner and was not mistreated at all.”” After questioning, Ingle was taken to the Pulaski County Jail, where he would stay for the next four days. At the hospital, nurses had told him that his bandages needed to be changed and his wounds cleaned out with antibiotic wash every four to six hours in order to avoid infection. ““The whole time I was there, they only changed them twice,”” he said. ““They just locked me in a room and left me.”” Ingle said his pain medication and antibiotics were never given to him —— when he was released, he was told the prescriptions had been lost. He later told Forrester that the only medical treatment he received the whole time he was in the jail was having his bandages changed twice and an admonishment to not go into the showers because ““he’’d probably get gangrene.”” Infection soon set up in all his wounds. Charged with operating a drug premises, possession of drug paraphernalia (a digital scale and plastic baggies that belonged to his sister, both Ingle and Forrester say —— the baggies leftovers from Forrester’’s jewelry-making hobby, the scale a freebie from the animal testing lab where she once worked), and two counts of aggravated assault, for making the officers who shot him fear for their lives, Ingle was brought before a judge whose name he doesn’’t recall for a bond hearing on Sunday. According to Ingle, the judge told him that because he’’d had a shootout with police, he was setting his bond at $250,000. Ingle’’s family, who had been putting together money for Ingle’’s bail in anticipation of his bond hearing, was crushed. ““My immediate reaction was nausea,”” Brandy Hoover said. ““Who on earth can come up with that kind of money? Even at 10 percent [for a bail bond], people aren’’t walking around with that kind of money. It was insane…… All I can remember thinking is, they’’ve got him, and we’’re never going to get him back.”” Eventually, however, the family was able to cut a deal with a local bail bondsman. Between them, they scraped together $5,000 cash and the deed to some property, sold Ingle’’s Jeep, and finally got him out of jail. While his wounds have closed, the months since the shooting have been hard on Ingle and his whole family. Ingle’’s mother suffered a heart attack while trying to come in from Pittsburgh to see him. He has struggled with depression and constant pain, and has lost weight because he can’’t bring himself to eat. For weeks, Ingle’’s brother, Eric, stopped by every day and knocked. Though he knew Ingle had to be inside because of the tracking bracelet, Ingle just stopped answering for awhile. After over a month of trying through his sisters and brother, the Arkansas Times finally got Ingle to talk about the shooting, the man who came to the door was famine-thin and hollow-eyed —— even skinnier now than when we last saw him at court, stooped and hobbling on a pair of crutches. It’’s not that he didn’’t want to talk to us, he apologized. There was just a period of time there when he didn’’t want to talk to anybody. ““It’’s just like being in jail,”” he said. ““It’’s just a different jail cell, I guess. When I was first out of the hospital, I couldn’’t get up and leave anywhere, hardly. Now, I can’’t leave.”” As he told his family, Ingle still insists that he threw the gun down the moment he saw that the intruders were police —— and before the shooting started. Even so, he said a person reaching for a weapon in a situation like that shouldn‘‘t give police the automatic right to shoot. ““I don’’t feel like I did anything wrong,”” Ingle said. ““You have the right to protect your house. I didn’’t know who they were. To me, it looks like the only reason the charges were brought was to cover their own ass.”” Like many of his family members, Ingle said that he’’s sure that if the North Little Rock Police Department wants to see him convicted on the charges he’’s accused of, he’’ll likely be convicted. Still, Ingle said he doesn’’t hold a grudge against the two police officers for shooting him. ““They were just here doing their job,”” he said. ““It’’s a tough job to have to go to somebody’’s house and have to come through a window or break down a door. You never know what’’s in there. But I feel like, if I had time to think about throwing the gun down, they had time to think about whether or not to shoot me.”” Sulphur Springs Arkansas Police Chief Andrew Little Fired, Sgt. Jeremiah Nicholson Forced To Quit – Dumbass Chief Stole Stepfather’’s Guns, Pawned Them, And Lied April 24th, 2008 SULPHUR SPRINGS, ARKANSAS – Sulphur Springs is minus two police officers after the termination of the chief and the resignation of another officer. On Wednesday night, Mayor Quinton Hoffer informed the Sulphur Springs Town Council of his decision to terminate Police Chief Andrew Little from his position. Little was arrested Tuesday on suspicion of stealing guns owned by his stepfather. Little turned himself in to the Benton County Jail and was released on a felony citation. Hoffer told the council he had spoken with Little, who was supposed to come to City Hall and turn in his resignation. Hoffer said he waited for Little, but after he did not bring his resignation, Hoffer said he terminated Little and retrieved his patrol car and equipment. Hoffer also asked another officer – Sgt. Jeremiah Nicholson – to resign because of his connection to the case. Hoffer told council members he felt the decision concerning Nicholson was the correct move. Nicholson did resign his position, Hoffer said. The council voted unanimously to accept Little’’s termination and Hoffer’’s resignation. According to a probable cause affidavit in the case, in early March, Little told his stepfather, Richard Cummins, that the house the two shared with Nicholson had been burglarized. Little told Cummins five of his weapons had been stolen, according to the affidavit. Cummins was out of the state on business at the time. Little first claimed the alleged thief had been arrested but that the guns were being held by the Fort Smith Police Department until after the case went to court on April 18. Cummins told police that, after returning home, he had discovered a sixth and seventh gun were also missing. Little told Cummins the guns were in a Sulphur Springs evidence locker and could not yet be returned, according to the affidavit. Cummins listed the following guns as missing: a Winchester 12-gauge pump shotgun, a Winchester Model 63. 22 single shot, three USAFA. 45 caliber pistols, a Remington Model 660. 309 bolt-action rifle and a Winchester 670. 270 caliber rifle. Cummins checked with Fort Smith police, who had no record of the missing guns, according to court documents. He then reported the incident to Gentry police. On April 19, police placed a recording device on Cummins and recorded his conversation with Little, who told Cummins the guns were in the custody of the Sebastian County Sheriff’’s Office and would be returned at the end of the month, according to court documents. Police recovered the weapons Tuesday at Pawn U. S. A. in Centerton and Big Brothers Pawn in Bentonville, according to the affidavit. Little confessed that he had told Nicholson that the guns were his (Little’’s ) and asked Nicholson to take the guns to the pawn shops, the affidavit states. Little’’s termination and Nicholson’’s resignation mean that the town has no certified law-enforcement officers. Joshua Merredith is a fulltime officer, and Brian Smith, who is part time, are currently in the academy. Hoffer told the council that he asked former Police Chief Tommy Sizemore about replacing Little, but Hoffer said the position needs to be advertised. Hoffer wanted the council’’s input whether to ask Sizemore to fill the position on a temporary basis or accept Benton County Sheriff Keith Ferguson’’s offer for deputies to cover the town. The council went into administrative session concerning Sizemore and later voted in favor of deputies covering the town until new Sulphur Springs officers are hired. Arkansas Attorney Cindy Baker Found In Contempt Of Court, Again…… April 22nd, 2008 GREEN FOREST, ARKANSAS —— Attorney Cindy Baker was found guilty of contempt of court in Green Forest City Court Friday, March 21, for missing a previous court date. According to court documents, Judge Scott Jackson presided over the hearing in which he found Baker guilty of the misdemeanor offense, and ordered her to pay a $150 fine and $50 in court costs. Jackson could not be reached for comment. Baker is facing a similar charge in Berryville District Court. Judge Kent Crow charged her with contempt arising from her Jan. 15 continuance request, in which she reportedly said she would be delayed in St. Louis, Mo., awaiting court action there and would not be able to attend proceedings in his court the following day. Crow claims Baker was issued a speeding citation near Huntsville on the day she was to be in his court and misrepresented her ability to be in his court to represent her clients, a charge she denies. That case is to be heard in Berryville on April 28. Carroll County Arkansas Sheriff Bob Grudek’’s Roadblock Plan To Check For Misdemeanor Warrants Halted By Court April 21st, 2008 CARROLL COUNTY, ARKANSAS —— Sheriff Bob Grudek’’s plan to use checkpoints to help rein in more than 3,000 outstanding misdemeanor warrants for failure to appear, failure to pay and violation of hot check laws was halted by an appeals court procedural ruling announced on the same day Grudek made his checkpoint announcement. ““The use of checkpoints in making misdemeanor warrant arrests is now on hold until all the research is completed regarding this matter,”” Grudek said. ““But not having the use of the checkpoints, which was to be a joint operation between our deputies and the Arkansas State Police, won’’t stop us from making arrests for failure to appear or failure to pay,”” Grudek cautioned. Most misdemeanor warrant arrests are made during traffic stops. ““But as long as we have addresses and other information as to their whereabouts, we’’ll continue to pursue them,”” Grudek said. Last Friday, Aug. 24, the Arkansas Democrat Gazette reported the Arkansas Court of Appeals, citing a section of Rule 7.1 of the Arkansas Rules of Criminal Procedures, said issuing warrants violates a procedural rule requiring only summonses be issued for non-violent offenses. The Court said the rule also applies to misdemeanor offenders who normally would respond to summonses. The ruling stems from a Miller County case in which Michael Lee Johnson, a Texarkansan, wound up being charged with drug offenses after his arrest on an outstanding misdemeanor warrant. The Court overturned his conviction on the basis of the Rule 7.1 section and said Johnson ““demonstrated that he was illegally arrested.”” Johnson was arrested during a traffic stop on a misdemeanor warrant charging him with operating a business that sells drug paraphernalia. That provided officers with enough evidence to obtain a search warrant. A quantity of methamphetamine was seized and led to his arrest and conviction for possession with intent to sell. The Court’’s ruling spared him a 10-year prison sentence. The Attorney General’’s office asked the Arkansas Supreme Court to review the appellate decision, declaring the matter a significant one for law enforcement officials. ““The significance of this issue to law enforcement officials cannot be overstated,”” David Raupp, the state’’s senior Attorney General, wrote in a brief imploring the high court to review the case, the ADG reported. Meanwhile, back in Carroll County, Sheriff Grudek appears to be evaluating the situation in terms of income to the county. In the Aug. 24 issue of the Carroll County News he said ““There are more than 5,000 outstanding warrants, each worth about $300. That’’s $3.5 million. And there’’s another $500,000 in uncollectible fine payments.”” Faulkner County Arkansas Circuit Court Judge Rhonda Wood And Prosecutor Marcus Vaden In Pissing Contest Over Mishandling Of Teens Incarceration – 10 Months Behind Bars Becomes 14 Months In Court Order Mixup April 16th, 2008 FAULKNER COUNTY, ARKANSAS – Since Thursday afternoon, Circuit Judge Rhonda Wood and Prosecuting Attorney Marcus Vaden have filed court documents compelling one another to take responsibility in the apparent mishandling of an 18-year-old’’s incarceration sentence for second-degree battery. Failure to comply with either request could in theory result in the jailing of Wood, or of the deputy prosecutor who handled the case for Vaden. Wood wrote in an eight-point press release sent Wednesday that when she deals in adult criminal court the prosecutor’’s office, and not her own, has always prepared the type of judgment form that was necessary to send Myles Lenard Taft Jr. to the Arkansas Department of Correction in 2007, and on Thursday afternoon Wood filed an order instructing the same deputy prosecutor to produce the needed judgment and commitment order by 3 p.m., or to else show up at court and ““show cause”” as to ““why it is not prepared.”” Taft was sentenced by Wood in March 2007 to five years’’ ADC, though he wrote in a letter to Circuit Clerk Rhonda Long on March 20, ““I have been sitting here since Feb. 26, 2007, waiting to go to ADC. So altogether I have been waiting a year and (six weeks).”” According to Taft, he pleaded guilty under the impression that he was ““supposed to do no more than 10 months,”” though Faulkner County has paid for and facilitated his incarceration for about 14 months now. Vaden and Wood have indicated in interviews that they would hate to place a blanket of blame on the deputy prosecutor who tried Taft in a March 2007 probation revocation hearing, for the justice system’’s unusual failure to send the man to ADC. Both Vaden and Wood have asked that the deputy’’s name stay out of stories regarding Taft’’s habeas corpus suit at civil court against Sheriff Karl Byrd in his official capacity. The civil case against Byrd says, ““There is no allegation that Byrd has committed any wrongdoing,”” and blames Wood for producing an order that ADC officials can’’t legally accept. Wood, however, whose press release maintained that either the prosecutor’’s or public defender’’s offices were to blame for neglecting to ask her court for relief in the criminal matter, cited the same deputy in writing and ordered Vaden’’s employee to file a judgment and commitment order in Taft’’s criminal case, or else to explain in person why it hasn’’t been filed. Vaden said Friday he takes umbrage with the order because, typically, when an attorney is served an ““order to produce or show cause,”” the attorney can be held in contempt of court and be arrested should he not comply. Vaden said he saw the order as an unnecessary shot at his deputy instead of the elected prosecutor himself. More so, according to Vaden, the order was redundant, since Vaden had already personally agreed to file the judgment and commitment order and to be done with Taft’’s criminal case. ““Judge Wood told us, and we agreed: ‘‘I think if we just get a (judgment and commitment) order, and we take care of it and what have you, then this will be the end of it.’’ So I told her that we’’ll get that order corrected and do it right,”” said Vaden, whose deputy according to Wood in an interview on Tuesday allegedly failed to file the order after Wood says she ordered the deputy to prepare it during Taft’’s revocation hearing on March 14, 2007. Vaden said Friday, ““We had gone and we listened to this recording of the hearing, and then when I hear it, I say, ‘‘Well, no judge, you didn’’t order somebody to prepare that order. And I said, ‘‘OK, we’’ll get you an order here in a little bit. And (Wood) said, ‘‘Well, I don’’t know why you can’’t get one in about 20 minutes.’’ And I said, ‘‘We’’ve got court, we’’ve got other stuff to do and we’’ve got one of our legal assistants out.’’ But I told her, ‘‘I’’ll get you one today.’’ And so we all left. I’’m thinking this thing’’s fine and will be over with: Much ado about nothing. ““And around 1 p.m. (Thursday) Judge Wood serves an order to produce on my deputy. Not on me, but on my deputy over there to bring to Judge Wood this order by 3 p.m, or to show up and do a show cause and explain why it is not prepared.”” ““Judge Wood should’’ve served it on me,”” Vaden said. ““Because I’’m the one that was over there, and I’’m the attorney for the state, not a deputy. And if Judge Wood’’s going to do that, there’’s a procedure a judge needs to go through. A judge doesn’’t have the authority anytime they want something done, anywhere, anytime at the grocery store or whatever, to just issue an order that the rest of us just follow. ““But that’’s what she did.”” In response on Friday, Vaden filed a subpoena ordering Wood to appear and testify at Circuit Judge David Clark’’s court in a habeas corpus hearing scheduled for 1:30 p.m., Monday, in regard to Taft’’s civil case against the sheriff’’s office. Vaden also filed a motion to produce transcript which Clark granted that orders Wood’’s court reporter ““to provide an official, certified copy”” of the March 14, 2007, revocation hearing proceedings, which, according to Vaden, depict Wood actually asking the deputy prosecutor or others in the courtroom if a second order needed to be filed. Vaden says the judge and deputy prosecutor suffered a conversational misunderstanding during the revocation hearing. ““The transcript doesn’’t ever show that she ordered us to prepare an order,”” Vaden said. ““What happened was, Judge Wood says that for juvenile court they do two orders: One order instantly, and they do another order later. Well that’’s not the way we do it in adult court, and we never have. Taft was originally tried (in 2005) as an adult under Judge (Linda) Collier, who was fourth division circuit judge before Wood. ““So the problem was, I had a new deputy over there, and Judge Wood was new, and when you listen to the tape what you hear is Judge Wood making her ruling, and you can hear her typing on the tape, and then she hands this order over for them to file it like they do in her juvenile cases. And then she says, ‘‘Is there a second order that needs to be done? Does anybody know if there’’s a second order that needs to be done?’’ My deputy says, ‘‘Judge, no, I don’’t think there’’s another order that needs to be done,’’ because (the deputy) is used to us having the orders, and us preparing the orders. We (in adult criminal court) don’’t do two orders. ““We do the judgment and commitment, then after the trial, or if it’’s a plea, we have the orders there. So my deputy I know is thinking, ‘‘There’’s not a second order, and I assume the judge knows what she’’s doing because she just did the order.’’ It’’s an honest mistake.”” Vaden said of Wood, who didn’’t return phone calls on Friday, ““If I were her, I’’d want to come and vindicate myself, and that’’s what I’’m trying to do, is give her the opportunity to explain this order. When she has this order, and has this guy sentenced to five years in ADC, but then she says she’’s going to have him on electronic monitor requirements, and to comply with terms of probation or what have you, I want her to explain what happened: What is your recollection on what happened? What was I supposed to do? When are you ordering me to produce this second order? Where is this stuff?”” Woman Testifies In Fomrer Bentonville Arkansas Firefighter’’s Rape Trial April 15th, 2008 BENTONVILLE, ARKANSAS – Testimony continues today in a rape trial against a former Bentonville firefighter accused of forcing a woman to have sex in December 2006. Kevin Thomasson resigned from the Bentonville Fire Department after his arrest Jan. 25, 2007. Thomasson faces up to life in prison if convicted by the eight-man, four-woman jury in the courtroom of Benton County Circuit Judge David Clinger. The victim testified Tuesday that Thomasson came to her house unannounced one evening after the two had been arguing off and on by phone for several hours. She had just gone to bed. Thomasson argued with her, forced her to have sex, slapped her and spit on her face – then left her home, she testified. Thomasson was angry she lied to him earlier in the day because she was trying to hide the fact another man delivered a table to her home, she testified. She didn’’t want to tell Thomasson because he tended to be jealous and controlling, she said. After the woman testified about the alleged rape, she was grilled for more than an hour by defense attorney Kristin Pawlik, who wanted to know why the woman didn’’t tell anyone about the incident for three days – and first did so after drinking alcohol at a New Year’’s Eve event. The woman also didn’’t tell police about the incident for five days. The woman did speak to a police officer one day later, at the urging of a friend, but claimed only that Thomasson hurt and bruised her. That night in December, Thomasson wasn’’t on duty for the fire department. He was working a second job for a patient-transfer service. He was on his phone while at the woman’’s house, handling a dispute about which team would drive to Little Rock for a call. No more than 10 minutes elapsed between calls Thomasson made during the 9 p.m. hour, Pawlik told the jury. After Thomasson left the woman’’s home, ““She didn’’t call anyone that night. She went to bed, didn’’t shower, slept on that bed where she said he raped her,”” Pawlik told the jury. ““More than 24 hours after she says this happened, she does talk to a police officer, a friend of the family, but she doesn’’t mention sexual contact.”” The woman’’s account of the events are implausible, Pawlik said. Deputy Prosecutors Stephanie McLemore and Mike Armstrong must convince the jury that Thomasson had sex with the woman by forcible compulsion. Pawlik did not say whether Thomasson will testify. He has denied the allegation. Thomasson resigned from the Bentonville Fire Department the day after his arrest. He began full-time work there in July 2001 and was previously a part-time firefighter there and a lieutenant for the Pea Ridge Fire Department. Grandfather Sues Arkansas State Police Trooper After Bogus Arrest For Not Showing Identification – Federal Court Of Appeals Rules That Innocent Individuals Do Not Have To Produce ID For Cops April 10th, 2008 LITTLE ROCK, AR – A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime, a federal appeals panel ruled Friday. The decision by a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis reversed an Arkansas federal judge’’s ruling and ordered a new hearing in a Benton County man’’s lawsuit challenging his arrest for refusing to show his identification during a traffic stop. ““It is amazing how many times I have had people convicted for doing the same thing,”” said Rogers attorney Doug Norwood. ““You have to have a reasonable suspicion that the individual person is either committing a crime or about to.”” Norwood filed the original lawsuit on behalf of Richard M. Stufflebeam of Lowell. Stufflebeam was a passenger in his grandson’’s car in May 2003 when the vehicle was stopped by a state trooper. The driver was not issued a citation during the traffic stop. When Trooper Jeff W. Harris asked the grandfather for identification, he told the officer he did not have to show any ID. ““It was an afterthought,”” Norwood said. ““The officer asked Mr. Stufflebeam for his ID and he said ‘‘no.’’”” The trooper ““returned to his vehicle and requested backup,”” the court said. ““When two additional officers arrived, Harris asked Stufflebeam to exit the vehicle,”” the ruling said, adding that Stufflebeam was handcuffed and placed in the back of the trooper’’s cruiser. He was taken to jail and charged with obstructing governmental operations. The prosecutor’’s office later dismissed the charge in district court and Stufflebeam filed a federal civil rights lawsuit against Harris, alleging the trooper had no probable cause to arrest him. U.S. District Court Judge Jimm Hendren dismissed the lawsuit, ruling the trooper had qualified immunity as a police officer and that Stufflebeam failed to state a claim. Stufflebeam appealed to the 8th Circuit. In its ruling Friday, the federal court panel referenced a 2004 U.S. Supreme Court ruling that ““an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop.”” There was no evidence Stufflebeam was trying to obstruct justice when he refused to identify himself, the appeals court said. ““Thus, the primary question …… is whether Arkansas law permits a police officer to arrest a person for refusing to identify himself when he is not suspected of other criminal activity and his identification is not needed to protect officer safety or to resolve whatever reasonable suspicions prompted the officer to initiate an ongoing traffic stop. We conclude it does not,”” the court said. The court also said the state trooper did not have qualified immunity from the lawsuit under state statute. Qualified immunity protects public officials ““from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have,”” the court said, adding that the trooper ““acted contrary to the plain meaning”” of the state statute. Berryville Arkansas Lawyer Cindy Baker Cited For Contempt After Lying To Judge April 5th, 2008 BERRYVILLE, AR —— A lawyer in Berryville has been cited with contempt of court by a district judge who said she lied about why she couldn’’t be in court. On Jan. 15, Cindy Baker told Gerald Kent Crow, judge for Carroll County’’s eastern district, that she was stuck in St. Louis waiting to argue a case before the 8 th U. S. Circuit Court of Appeals, records in the contempt case show. Crow granted Baker a delay in several of her cases set for the next day in his court, a Wednesday. According to a notice of contempt, a trooper cited Baker for speeding the morning of Jan. 16 in Northwest Arkansas, so Crow called the appeals court in St. Louis to investigate. He learned from staff there that Baker had finished her argument the day before by 1 10 a.m. —— 4 / 2 hours before she called Crow to cancel her next day’’s cases, according to the notice. Crow cited Baker with contempt —— a Class C misdemeanor punishable by up to 30 days in jail and a $ 100 fine. Then, in a Jan. 22 letter he asked the Arkansas Administrative Office of the Courts to appoint another judge. ““Her conduct is so serious I doubt my ability to hear the matter impartially,”” Crow wrote. ““I believe she deliberately lied to me, and her conduct is so egregious that I would impose penalties that might exceed what another judge would consider reasonable.”” The Administrative Office of the Courts appointed Benton County West District Judge Jeff Conner to hear the case and Benton County Prosecuting Attorney Van Stone to pursue it. Trial is April 28. Baker’’s attorney, Jeff Rosenzweig of Little Rock, wrote in a motion that Baker was told she had to stay at the appeals court Jan. 15 after she finished her oral arguments. Baker, who ran unsuccessfully for Carroll County prosecutor in 2006, was given the information by someone she believed was an appeals court employee, Rosenzweig said. ““This was a good faith reliance by Cindy Baker made to her by a person she believe to be associated with the court,”” Rosenzweig said. ““As it turns out, Cindy Baker was not the person they were looking for, but she didn’’t know it at the time.”” Calls to Baker’’s law office weren’’t answered Friday. About the time Crow asked for a different judge to be assigned, Rosenzweig filed a motion asking Crow to recuse. Rosenzweig wrote in a motion that, by personally investigating the matter, Crow has demonstrated bias. ““…… [H ] e’’s already found facts, and the proceedings are mere formalities to deal with punishment,”” the motion states. Crow wrote in the notice that Baker’’s actions violated Rule 3. 3 of the Arkansas Model Rules of Professional Conduct. The rule calls for ““candor toward tribunal.”” Rosenzweig said the contempt charge will likely draw the attention of the Arkansas Supreme Court’’s Committee on Professional Conduct. ““The committee will look at it, but what, if anything, they do will depend on in part on what happens in the contempt case,”” he said. ““If she’’s exonerated, they will likely do nothing.”” Rosenzweig said people are cited with contempt of court all the time. ““I’’ve been a lawyer 20-something years, and I’’d say I’’ve represented 40 attorneys on it,”” he said. In the speeding case, the Arkansas State Police stopped Baker, 35, in a Chevrolet Silverado pickup on U. S. 412 in Madison County. She was driving 79 mph in a 55-mph zone, the contempt records show. 8th Circuit Federal Court Of Appeals Rules That Innocent People Aren’’t Required To Identify Themselves, And Police Have No Authority To Arrest Them If They Don’’t April 5th, 2008 LITTLE ROCK, AR – A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime, a federal appeals panel ruled Friday. The decision by a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis reversed an Arkansas federal judge’’s ruling and ordered a new hearing in a Benton County man’’s lawsuit challenging his arrest for refusing to show his identification during a traffic stop. ““It is amazing how many times I have had people convicted for doing the same thing,”” said Rogers attorney Doug Norwood. ““You have to have a reasonable suspicion that the individual person is either committing a crime or about to.”” Norwood filed the original lawsuit on behalf of Richard M. Stufflebeam of Lowell. Stufflebeam was a passenger in his grandson’’s car in May 2003 when the vehicle was stopped by a state trooper. The driver was not issued a citation during the traffic stop. When Trooper Jeff W. Harris asked the grandfather for identification, he told the officer he did not have to show any ID. ““It was an afterthought,”” Norwood said. ““The officer asked Mr. Stufflebeam for his ID and he said ‘‘no.’’”” The trooper ““returned to his vehicle and requested backup,”” the court said. ““When two additional officers arrived, Harris asked Stufflebeam to exit the vehicle,”” the ruling said, adding that Stufflebeam was handcuffed and placed in the back of the trooper’’s cruiser. He was taken to jail and charged with obstructing governmental operations. The prosecutor’’s office later dismissed the charge in district court and Stufflebeam filed a federal civil rights lawsuit against Harris, alleging the trooper had no probable cause to arrest him. U.S. District Court Judge Jimm Hendren dismissed the lawsuit, ruling the trooper had qualified immunity as a police officer and that Stufflebeam failed to state a claim. Stufflebeam appealed to the 8th Circuit. In its ruling Friday, the federal court panel referenced a 2004 U.S. Supreme Court ruling that ““an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop.”” There was no evidence Stufflebeam was trying to obstruct justice when he refused to identify himself, the appeals court said. ““Thus, the primary question …… is whether Arkansas law permits a police officer to arrest a person for refusing to identify himself when he is not suspected of other criminal activity and his identification is not needed to protect officer safety or to resolve whatever reasonable suspicions prompted the officer to initiate an ongoing traffic stop. We conclude it does not,”” the court said. The court also said the state trooper did not have qualified immunity from the lawsuit under state statute. Qualified immunity protects public officials ““from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have,”” the court said, adding that the trooper ““acted contrary to the plain meaning”” of the state statute. Crawford County Arkansas Jail Administrator Capt. Terry Rea Fired, Not Charged Amid Sexual Misconduct Allegations April 2nd, 2008 CRAWFORD COUNTY, AR – While he will not be charged with a crime, Capt. Terry Rea’’s tenure as jail administrator for the Crawford County Detention Center is finished. Quorum court budget committee members unanimously approved a $5,688 lump-sum payout to Rea for accrued holiday and vacation time during Monday night’’s meeting. Later, during a personnel committee meeting, justices of the peace also approved the hiring of four new deputies for the sheriff’’s department. The positions must now be approved during the quorum court’’s regular meeting later this month. Prosecuting Attorney Marc McCune sent an e-mail to the Press-Argus Courier Tuesday afternoon announcing that materials from an Arkansas State Police investigation into possible sexual misconduct by Rea had been turned over to him for examination. ““After reviewing the reports, I am declining to file any charges against Terry Rea,”” the e-mail states. ““I do not believe that I could meet the burden of beyond a reasonable doubt on charges filed against Terry Rea. I believe that this matter may be more appropriately pursued in a civil proceeding rather than a criminal proceeding.”” State police launched the investigation into Rea in February, following an allegation by a former female employee. On Monday morning, Chief Deputy Ron Brown said Rea’’s employment was terminated March 20. Brown said Rea was terminated for ““violation of policy, departmental policy,”” but declined to elaborate. When reached on his mobile phone Tuesday afternoon, Brown said he was unaware of McCune’’s decision and had not seen the e-mail. An attempt to reach Sheriff Mike Allen by phone Tuesday afternoon was unsuccessful. After Monday night’’s meeting, Allen said Jeff Marvin, a reserve sheriff’’s deputy, had been appointed as Rea’’s permanent replacement for the jail administrator position. He said Marvin has ““several years”” experience in law enforcement, including service as a reserve officer for four area agencies, among them the Alma and Mulberry police departments. He’’s also served as a member of the county SWAT team, Allen said. Rea had been involved in law enforcement for 24 years, according to Allen, who declined comment on the investigation Monday night. On Tuesday, Corey Mendenhall, a special agent with the state police who investigated Rea, said he turned his report in to McCune on Monday but had not yet seen McCune’’s statement announcing his decision. He declined to comment on the prosecuting attorney’’s decision. At the start of Monday’’s personnel committee meeting, Allen initially requested funding to hire four deputies and three detention officers, spurring debate among the JPs over just how many new employees could be hired without severely depleting the county general fund for the rest of the year. The cost of hiring seven new employees, plus uniforms, equipment and four squad cars would have amounted to $327,099 for the rest of 2008. Allen said new employees were necessary to keep the sheriff’’s office running smoothy. ““I can’’t have pro-active law enforcement with the numbers we have now,”” Allen said. JP Sharon Partain said that compared to other Arkansas counties with comparable populations, Crawford County is ““very much understaffed.”” However, JP Elaina Damante said if the committee approved the money, the county general fund would have only $140,000 remaining for the rest of the year. County Judge John Hall also reminded the JPs to be careful with spending, noting the ever-increasing cost of fuel. ““Anything we can get would be appreciated,”” Allen told the committee. ““. …… This (request) is a bare minimum.”” Damante said she agreed that the sheriff’’s office needed additional help, but didn’’t think the quorum court had enough money to grant the sheriff seven new employees. ““If this had to be reduced, what would be Plan B?”” she asked. Allen said that getting deputies hired would take priority over detention officers. After a little more discussion, justices voted to hire four new deputies at a total cost of $267,877 for a year, with funding for two positions to be taken from county general funds and funding for the other two taken from the county’’s public safety money. That comes to a cost of about $233,000 for the rest of 2008 if all four deputies are hired in April. Public safety funds are generated from sales tax revenue, which Hall warned could decline like the rest of the economy. However, Partain noted that Crawford County already depends on sales tax revenues to pay some salaries, and if those go down, ““We’’re all going down on the same boat.”” The vote was 11-0, with JPs Don Jenkins and Delia Friddle absent. If approved at the regular quorum court meeting, the hires will be the first for the sheriff’’s office in eight years. Allen said three deputies will likely be assigned to patrol while the fourth will work in the criminal investigations division. In a phone interview Tuesday morning, Hall emphasized his support for the sheriff’’s office but said he would prefer the quorum court allow for the hiring of two deputies rather than four, with money for one position coming out of the general revenue fund and the other out of public safety. He said more employees could possibly be hired next year, depending on the county’’s financial situation. ““I am going to relate that to the quorum court; they can take it for whatever it’’s worth,”” Hall said. ““. ……That’’s a conservative way to look at it, but we need to be conservative with what money we’’ve got.”” Former Vian Arkansas Police Chief Jeremy Eugene Floyd Charged With Embezzling Nearly $2K, Stealing Vehicle During Three Months At Chief April 2nd, 2008 VIAN, AR – Vian’’s former police chief is accused of embezzling nearly $2,000, as well as stealing a utility vehicle from a downtown Vian business, during his three-month stint as police chief last year. On Wednesday, a warrant was issued for the arrest of Jeremy Eugene Floyd, 30, of Muldrow on two counts of felony embezzlement and one count of grant larceny, according to court records. Floyd is currently employed as a patrolman with the Bethel Heights Police Department in Arkansas. Bethel Heights Police Chief Don McKinnon on Thursday morning was unaware of the charges against Floyd. McKinnon, who seemed baffled by the charges, said Floyd was hired as a patrolman with Bethel Heights on Jan. 22. ““He came from Van Buren, Ark.,”” McKinnon said. ““They highly recommended him.”” Vian Chief Danny Hoover said Thursday evening that Floyd was taken into custody by McKinnon at about 6 p.m. and was being held in the Benton County, Ark., Detention Center. Hoover expected Floyd to sign a waiver of extradition so Sequoyah County authorities could transport Floyd to Sequoyah County to face charges. Vian Mayor Kenneth Johnson could not comment on details of the case because of ongoing litigation against the town. Johnson did say, ““I hope justice is served for all involved.”” Joe Paul Simon and Simon’’s Inc., the owner of Simon’’s Ace Home Center, filed a civil lawsuit in February against the town and Floyd, alleging that Floyd and an unknown officer stole a utility vehicle from his business in July 2007. The theft was investigated by the Oklahoma State Bureau of Investigation (OSBI). Floyd, who was hired as Vian’’s chief in April 2007, resigned as chief just days before the OSBI arrived to investigate the theft. Prior to being hired in Vian, Floyd was a criminal investigator for the Crawford County, Ark., Sheriff’’s Department. Floyd previously worked as an investigator for the Waldron, Ark., Police Department and as a sergeant deputy at Delaware County Sheriff’’s Department. AFFIDAVIT According to the probable cause affidavit filed Wednesday, OSBI Special Agent Vicky M. Lyons wrote that on May 25, 2006, Erica Lynn Kinchion, William V. Johnson, Michael Jamison, and Charelle Monique Knight were arrested by Vian police officers. During the arrest, $595 in U.S. currency was seized from the individuals and the money was retained by the police department as evidence. The records of the Office of the District Attorney Sequoyah County did not show any dispositions for the cash seized during the arrest. Floyd Hoover told the OSBI that around April 29, 2007, Hoover was present when former chief Mike Thomas turned over custody of the evidence being retained at the police department to the new chief, Floyd. Lyons wrote that at that time, Hoover noted that a plastic evidence bag containing the $595 seized in the May arrests was stored in a file cabinet in the department’’s offices. The file cabinet was normally kept locked. During the course of his duties, Hoover asked Floyd about the evidence money and Floyd allegedly told Hoover that he had placed the money in the evidence room. On July 27 or 28 Hoover, after being appointed interim police chief after Floyd resigned, conducted an inventory of the evidence room. At that time, Hoover discovered the $595 was missing. He was unable to locate any records that the money was released or turned over to other city officials, Lyons reported. Officer Dennis Thomas, evidence custodian, conducted a search of the evidence room, along with Lyons. The evidence room log did not show that the $595 was ever placed there, Lyons wrote. No cash or disposition records related to the previous arrest were located. City Clerk Sharon Digenarro reported that her office never received the cash from the arrest and had no records regarding it. During an interview, Floyd allegedly admitted that there had been cash locked in a file cabinet when he took office. He removed the cash from the file cabinet to the evidence room, but never logged the money into the evidence log. Floyd denied that he stole the money. Digenarro reported that during May 2007 the department turned in a 1998 Ford Crown Victoria for surplus. At that time, Digenarro asked Floyd to return the fuel credit card issued to that vehicle. Floyd never returned the card, although he told Digenarro that he still had the card. From about July 3, 2007, through July 26, 2007, purchases totaling $1,353.25 were made using the credit card issued to the surplus car. Each purchase was made using the personal identification number issued to Floyd, Lyons reported. Digenarro did not retain records of the personal identification numbers issued to the officers. During an interview, Floyd maintained that he returned the card to Digenarro after receiving the new card for his new vehicle. He denied that he had used the card on the dates shown in the records. ALLEGED THEFT Lyons wrote that on July 24, 2007, a witness reported seeing suspicious activity in the area of an equipment display of the Simon’’s Ace Hardware in Vian. The witness reported the activity to police. The witness reported that shortly after reporting the activity, the witness observed a police vehicle parked between buildings to the south of the equipment display. On July 28, 2007, the owners of Simon’’s discovered the theft of a Cub Cadet four-wheel-drive utility vehicle valued at $8,699. An employee reported that about a week to a week and a half prior to the theft, Floyd allegedly obtained a key to the vehicle from the store employee. The employee reported the keys are universal to all Cub Cadet vehicles. Another employee reported that around mid-July Floyd made inquiries about the cost of the utility vehicle. An examination of a security video disclosed an unidentified person who stole the vehicle from the equipment area. The video depicts numerous vehicles driving on the street adjacent to the equipment area, Lyons reported. Those vehicles included the Vian Police Department vehicle issued to the police chief. City of Vian records show that Floyd was the only officer on duty during the time frame of the theft of the vehicle, Lyons reported. Arkansas State Police Trooper Tom Weindruch Receives A Slap On The Wrist, Reassignment After False Arrest Of News Journalist At Fire Where Officer Wasn’’t Supposed To Be March 28th, 2008 LITTLE ROCK, AR – The Arkansas State Police has suspended and reassigned a trooper who arrested a news photographer at a December house fire. Trooper Tom Weindruch, 33, was suspended for two days without pay and was transferred from the Highway Patrol Division to the Administrative Services Division in Little Rock, state police spokesman Bill Sadler said. Weindruch had been part of the patrol division in Little Rock-based Troop A. Stephens Media Group photographer Bill Lawson, 59, was arrested by Weindruch at the scene of a Dec. 10 house fire in Maumelle. Lawson was handcuffed, then released at the scene with a citation for obstructing government operations. Prosecutors quickly dropped the charge. Lawson filed a complaint against Weindruch, saying the trooper was abusive while Lawson was under arrest. Sadler said Wednesday that Weindruch did not appeal the disciplinary action, which also prevents Weindruch from being eligible for a promotion or to receive special assignments for one year. Stephens Media Group first reported Weindruch’’s suspension. In his arrest report, Weindruch wrote that Lawson took flash pictures of him, temporarily impairing his vision, after Weindruch told the photographer to return to his vehicle. Weindruch placed Lawson in handcuffs. A three-person review board investigated Lawson’’s complaint and reported to state police Director Col. Winford Phillips in January that the complaint was unsubstantiated. But the panel also said that Weindruch showed poor judgment in responding to the fire when no one requested his assistance; failing to advise state police dispatchers of his location; engaging in unnecessary verbal exchanges with Lawson; arresting Lawson; and failing to notify his supervisor of the incident. Phillips chose to discipline Weindruch, telling him in a March 10 letter that the incident ““has adversely affected the reputation of the Arkansas State Police for professionalism.”” Whoops – Charges Dismissed After Dumbass Carroll County Arkansas Deputy Sheriff Lt. Jason Hunt Forgets To Take Samples Of Marijuana Plants, Label Them, Have Them Tested – Mixed Up With A Bunch Of Other Stored Plants – Duh! March 27th, 2008 BERRYVILLE, ARKANSAS – Circuit Judge Alan Epley declined Monday to postpone a marijuana-growing trial after it turned out the Carroll County sheriff’’s office had failed to take samples of the plants and get them tested for marijuana by the state Crime Lab. Lt. Jason Hunt of the sheriff’’s department arrested Ferlin Duane Tibbets of Oak Grove after 21 plants were spotted on and near his property during a fly-over. He testified Monday that he had failed to take samples from the plants in July before they were stored, unlabled, with other confiscated marijuana plants. He said he thought he could identify the Tibbets plants from photographs but the judge declined to delay the Oct. 31 trial and Prosecutor Tony Rogers dropped the case. Rogers said he hoped he would be able to refile the charges before the deadline next July. Former Bethel Heights Arkansas Police Officer Sgt. Michael Dismus Sharum Gets A Plea Deal, Sentenced To 15 Days In Jail For Forging A Check March 26th, 2008 BENTONVILLE, ARKANSAS – A former Bethel Heights police officer must serve 15 days in the Benton County Jail after he pleaded guilty to forging a check. Michael Dismus Sharum, 37, pleaded guilty to forgery under a plea agreement that attorney Joel Huggins reached with Deputy Prosecutor Drew Ledbetter. Lowell police arrested Sharum on Aug. 25, 2007, for forging a $ 500 check. According to Ledbetter, Sharum claimed to have found the check. Sharum wrote the check to himself and cashed the check at his bank, Ledbetter said. Circuit Judge Tom Keith accepted the plea agreement and Sharum’’s guilty plea. Sharum was placed on probation for five years, and he must serve 15 days in jail. He must also pay $ 920 in court associated costs. Sharum was a sergeant with the Bethel Heights Police Department. He resigned the day of his arrest. Carroll County Arkansas Sheriff Bob Grudek Accepts $20,000 In Bribes From Contractor To County, Receives A Slap On The Wrist March 24th, 2008 State: ARKANSAS ADVISORY OPINION NO. 2007-EC-005 Issued October 19, 2007 The Arkansas Ethics Commission has received a written advisory opinion request from Robert T. Rogers II, the Prosecuting Attorney for the 19th Judicial District East. In his opinion request submitted on behalf of Carroll County, Mr. Rogers asks if it is permissible for county road department employees and county sheriff’’s office employees to receive compensation from an anonymous donor.[1] According to Mr. Rogers, an anonymous donor gave $20,000.00 to Carroll County in two separate checks of $10,000.00 each, and specified that the money was to be split evenly between the county road department and the sheriff’’s office for use as a bonus for selected employees. The recipients and amounts of those bonuses were left to the discretion of the county judge and sheriff. The donor is now a vendor of asphalt to the county pursuant to a bid awarded prior to the donor’’s purchase of the asphalt company. Mr. Rogers goes on to state that the money was deposited into the county’’s general fund and subsequently appropriated by the quorum court to the salaries line items of the road department and sheriff’’s office budgets. The money has not been paid out to employees pending resolution of any ethical issue. Mr. Rogers asks if this arrangement violates Ark. Code Ann. §§ 21-8-801 which provides, in pertinent part, as follows: [n]o public servant shall……[r]eceive a gift or compensation as defined in subchapter 4 of this chapter, other than income and benefits from the governmental body to which he or she is duly entitled, for the performance of the duties and responsibilities of his or her office or position. In Opinion 1999-EC-007, the Commission specifically addressed several issues encompassed within Ark. Code Ann. §§ 21-8-801, including the ““prohibited compensation”” language. In citing Attorney General Opinion No. 98-024, the Commission concluded that: ““except as expressly provided by statute, a public servant can only be compensated for doing his or her job by the governmental body which he or she serves. In other words, a public servant cannot receive outside compensation for doing his or her job.”” It is clear from the scenario described by Mr. Rogers that the donor seeks to provide ““outside compensation”” to county employees who are to be selected at the discretion of the county judge and sheriff. While the quorum court apparently appropriated these funds to the budgets of these departments, no employee is ““duly entitled”” to any of the funds. Compensation to public servants must be from the governmental body he or she serves and the public servant must be entitled to the compensation, i.e., it must be legally owed to the public servant. Additionally, the Commission is mindful that Ark. Code Ann. §§ 21-8-801(b)(1) prohibits the conferring of compensation to ““any public servant, the receipt of which is prohibited by subdivision (a)(1) of this section.”” Thus, this statute not only prohibits a public servant from receiving such compensation, but it also prohibits the donor from conferring such prohibited compensation to public servants (county employees). Finally, the fact that this donor wishes to be ““anonymous”” does not make him so. This donor’’s identity is known to the prosecuting attorney and likely to others in the county administration offices. Moreover, the fact this donor is also a vendor with a contract for services with the county potentially raises additional concerns regarding this ““donation.”” While the Commission is not being called upon to address the potential conflict of interest in this relationship, it bears mentioning that such arrangement is, at a minimum, suspect. Ark. Code Ann. §§ 21-8-801 prevents the donor from doing indirectly what he cannot do directly, i.e., he cannot provide a private bonus to public servants for doing their jobs. The Commission encourages the donor and county to make all reasonable efforts to undo or cancel the donation arrangement because such arrangement appears to violate Ark. Code Ann. §§ 21-8-801(a) and (b). This advisory opinion is issued by the Commission pursuant to Ark. Code Ann. §§ 7-6-217(g)(2). Rita S. Looney Chief Counsel http://www.arkansasethics.com/ Carroll County Arkansas Deputy Sheriff Loses Handcuffed Man From Locked Patrol Car March 24th, 2008 METALTON, ARKANSAS – A 20-year-old Metalton man, accused of breaking into the Cedar Creek store, is facing multiple charges after he allegedly escaped from authorities during transport to the county detention center. Michael Bradley Riggs was being transported to jail in the rear seat of a sheriff’’s unit, authorities say, when he slipped out of his handcuffs, removed his seatbelt, and with the patrol door locked, managed to open the door at the intersection of U.S. Hwy. 62 and Hailey Road and jump out. Riggs reportedly ran into a field south of the highway, crossed a barbed wire fence and was eventually caught by a deputy in pursuit. Riggs was arrested shortly before at his Metalton area home after authorities linked him to a break-in at the Cedar Creek store that occurred the night before. Lt. Jason Hunt, with the Carroll County Sheriff’’s Office, said he and Deputy Joel Hand initiated an investigation into a break-in that happened around 11 p.m. Wednesday night. He said they recovered fingerprints from the scene and a video surveillance tape that ““clearly showed the male subject taking a large rock and throwing the rock through the front window of the store.”” Hunt said the video also showed the subject, who had a distinct haircut and wearing a shirt with different colored cuffs on the sleeves, entering the store through the window and taking cigarettes and exiting the store through the same window. By comparing the fingerprint with a previous finger print card, and by comparing the surveillance video with previous book-in photos of Riggs, Hunt said they noted similarities and went to Riggs’’ residence on County Road 719. After making contact with Riggs and his family at the residence, Hunt said Riggs was advised of his Miranda Rights, and Riggs initially denied breaking into the store. After his mother produced the shirt he was wearing the previous day, a shirt with different colored cuffs, Riggs admitted to breaking into the store and produced 10 packs of Marlboro 100s, Hunt said. It was during transport to the jail that Riggs escaped, Hunt said. Riggs was charged with theft, burglary, third degree escape, and second degree assault – because a deputy was injured in the pursuit, Hunt explained. He said both Deputy Hand and Riggs were bleeding, having sustained numerous cuts and abrasions. Both were taken to the emergency room for treatment, where Riggs reportedly slipped out of his handcuffs again. As of press time, Riggs was being held in the Carroll County Detention Center awaiting a bond hearing on the multiple charges. Lowell Arkansas Police Officer Sgt. Kerry Headrick Arrested, Quits, Charged With Domestic Violence March 17th, 2008 BENTONVILLE, ARKANSAS – A Lowell police officer resigned last week after his arrest for domestic abuse. Sgt. Kerry Headrick was arrested last week for misdemeanor domestic abuse in the third degree involving his girlfriend. On Wednesday, Lowell Police Chief Joe Landers confirmed Headrick’’s arrest and resignation. Landers said Lowell police received a 911 call from Headrick’’s girlfriend, who accused him of drinking and being belligerent. When Lowell officers arrived on the scene, they noticed a bruise on the woman’’s left wrist. Landers said Headrick grabbed her wrist and broke a cell phone. Headrick was booked into the Benton County Jail at 4: 44 a.m. March 5 and was released at 2: 51 p.m. the same day. It’’s an unfortunate incident,”” Landers said. The Benton County Prosecuting Attorney’’s Office is handling the case, Landers said. The office currently has two other cases involving law-enforcement officers. Arkansas State Police trooper Brian Garrett is charged with aggravated assault and battery in the second degree, both class D felonies. If convicted, he could receive a sentence of up to six years on each count. Garrett, a trooper assigned to the governor’’s mansion, is on administrative leave with pay, according to Bill Sadler, a spokesman for the Arkansas State Police. Garrett was placed on administrative leave after his wife filed for an order of protection against her husband on Dec. 11, 2007. The order of protection was later dismissed. Garret is accused of threatening his wife and physically abusing a child, according to court documents. Former Rogers police officer Shane Knaust is charged with sexual indecency with a child, a class D felony. He resigned Jan. 19 after his arrest. Knaust is accused of engaging in sexual contact with a 15-year-old girl. Garrett and Knaust have pleaded not guilty to the charges. Not The Brightest Bulb Department: Firing Of Arkansas State Police Trooper Roderick L. Trotter Sr. Upheld After He Sought Three-Way Sex With Two Motorists And His Wife March 11th, 2008 Roderick L. Trotter Sr. LITTLE ROCK, ARKANSAS – The state police director properly dismissed a state trooper who admitted seeking a three-way sex encounter between his wife and two women in a car he had stopped for driving with expired tags, the Arkansas State Police Commission decided Friday. Roderick L. Trotter Sr., 46, who served with Troop A based in Little Rock, was fired in December by Col. Winford E. Phillips, state police commander. The dismissal stemmed from complaints filed by the two women following a traffic stop on U.S. 67-167 in North Little Rock about 11:30 p.m. Sept. 29. Both women testified at a hearing Tuesday on Trotter’’s appeal to the commission of his firing. Phillips testified at the hearing that his action followed a dismissal recommendation by a review board of state police officers, and —— after reviewing for himself the file on an internal investigation —— he reached the same conclusion. ““It bordered on soliciting prostitution,”” Phillips said. He recalled that the command review board, in its recommendation for dismissal, said Trotter’’s actions were ““unprofessional and unacceptable.”” After a hearing that lasted nearly two hours, the seven-member commission deliberated behind closed doors for about a half-hour before voting unanimously to uphold the firing. Trotter can appeal the commission’’s decision to Pulaski County Circuit Court, but his lawyer, J. Leon Johnson, said no decision had been made on an appeal. Johnson argued that his client was not treated the same as other troopers in what he said were similar situations. ““Everybody has a right to be treated the same way,”” Johnson told the commission, citing other instances where discipline stopped short of dismissal but involved male troopers and women —— including one in which a trooper had sex in a patrol car. Johnson said that the other cases were ““maybe not as bad as what (Trotter) has admitted to,”” but added that this was the first disciplinary matter involving Trotter, while at least one other case involved repeat violations. The driver who was stopped testified that Trotter kept pace with her car, staying alongside for several miles, before he dropped back and pulled her over, using the patrol car’’s flashing blue lights. She said she anticipated the stop because she knew her car’’s license tags were expired. After Trotter had obtained her driver’’s license and a state-issued identification card from her passenger —— whose baby daughter was riding in a safety seat in the rear —— the trooper returned to his patrol car, the driver said. His proposition was put to her first, she said, when she went back to provide him with her car’’s registration slip. ““Is that your girlfriend up there?”” the driver said Trotter asked. ““Me and my wife are looking for someone to have a threesome with.”” The trooper wrote out a ticket but then tore it up and gave the pieces to her, the driver said. The torn pieces of the ticket were among evidence submitted at Tuesday’’s hearing. After Trotter and the driver returned to her car, the driver said, Trotter wanted to watch the two women share a kiss. After their protests were ignored and they complied, he obtained their telephone number, gave them his, and told the driver, ““I need you to call me so we can set this thing up.”” State police staff lawyer Ken Stoll told the commission in his closing argument that such conduct by a police officer could not be tolerated. ““This conduct is highly reprehensible,”” Still said. ““It not only tarnishes Trooper Trotter, but every trooper wearing the uniform.”” Johnson, however, said in his final argument that ““you have to be consistent —— and there hasn’’t been consistency in this case.”” Dumbass Fayetteville Arkansas Court Baliff Jarrod Hankins Forgets Illegal Immigrant In Isolated Courthouse Holding Cell For 4 Days – No Food, Water, Or Toilet March 11th, 2008 FAYETTEVILLE, ARKANSAS ? A woman being held as an illegal immigrant spent four days forgotten in an isolated holding cell at a courthouse with no food, water, or toilet, authorities and the woman said. Adriana Torres-Flores, 38, appeared in court Thursday and pleaded not guilty to a charge of selling pirated CDs, but a judge ordered her held because she is in the country illegally, Sheriff Tim Helder said. Bailiff Jarrod Hankins put her in the cell to await transport to jail, and she was forgotten. Because of heavy snow, few staff members were in the courthouse to hear her cries and pounding later Thursday or on Friday and through the weekend. Torres-Flores wasn’’t found until Monday morning when Hankins opened the door. She was treated at a hospital and allowed to go home. The sheriff said Hankins, a bailiff for two months, simply forgot about Torres-Flores. ““He’’s a broken man right now,”” Helder said. Hankins was placed on administrative leave with pay Monday pending an investigation. His mother said Monday he was too devastated to comment. The cell had two benches, a metal table and a light that Torres-Flores could not turn off. She slept using a shoe to cushion her head, she told the Arkansas Democrat-Gazette, with 14-year-old daughter Adriana acting as an interpreter. ““She was feeling like she was going to die,”” Adriana said. Torres-Flores had not eaten Thursday before going to court. She had a jacket but still was cold in the cell. ““She had to use the bathroom on the floor,”” her daughter said. ““It’’s a horrible, horrible situation,”” said her attorney, Nathan Lewis. County Judge Jerry Hunton, the county administrator; the judge who ordered her held, Circuit Judge William Storey, and the sheriff issued a statement saying ““immediate measures have been taken to ensure this does not happen again.”” Hunton said he might install a video camera in the holding cell and an exterior light that indicates when someone is inside. ““That’’s probably the best thing we can do to make sure it doesn’’t happen to anyone else,”” he said. Torres-Flores’’ trial is set for April 1, and she faces deportation by federal immigration authorities. Nutcase Rogers Arkansas Police Officer Lt. David Mitchell Suspended For Just 10 Days After Taser Weapon Attack On 2 Cows, Shocking Himself And Another Man – Fellow Dumbass, Police Chief Steve Helms, Ignored Incident Until PETA Got Involved March 5th, 2008 ROGERS, ARKANSAS —— A Rogers police lieutenant will be suspended 10 days without pay for firing a department-issued electric stun device at two cows in June 2006. Lt. David Mitchell’’s suspension will begin March 17, said Rogers Police Chief Steve Helms. The department began an internal investigation into the matter last month after an animal-rights organization complained to the Police Department and city administration that Mitchell showed several colleagues a video of himself and another man firing the stun gun at a cow. A report detailing the investigation released today stated the incident happened during the first half of June 2006 on property Mitchell owns and involved cows owned by his family. The report says the first cow was not hit, and in fact, the device malfunctioned and shocked Mitchell and the other man, who is not a member of the Police Department. The second attempt did strike the cow, but appeared to have no effect, the report said. Helms said Mitchell showed him the video shortly after the incident happened, but it didn’’t occur to him at the time that Mitchell violated any department policy. ““I didn’’t look at it in its totality, I guess,”” Helms said. Helms said he expects and deserves to be punished himself for not investigating the incident when it happened. Lawsuit Charges Crazed Forrest City Arkansas Police Officer Sherie Hernandez With Brutally Attacking A Child, Wrongful Death Of Fetus February 26th, 2008 FORREST CITY, ARKANSAS – A lawsuit has been filed against the city on behalf of a minor who claims she suffered a miscarriage as a direct result of rough treatment by a Forrest City police officer. The lawsuit, filed on behalf of Swvilla Lowe (no age given; listed only as a minor), names Mayor Gordon McCoy and all the members of the city council, as well as Officer Sherie Hernandez, as defendants. According to the lawsuit, the incident in question took place on Feb. 21 of last year. Lowe, along with her brother and father, got into a confrontation with another man at the Rice and Mann Apartments, and police were called to the scene. The lawsuit claims that officers arrived, and all the people were ordered to get on the ground, which they did. It was then, according to the lawsuit, that Hernandez arrived, got out of her car and jumped on Lowe’’s back. The lawsuit also alleges that Hernandez slammed Lowe in the stomach, even after being informed that Lowe was pregnant. Two men at the scene were arrested and taken to jail, but Lowe was not arrested nor charged, according to the lawsuit. It is alleged in the lawsuit that after the incident, Lowe began experiencing abdominal pain, and on March 13, she was informed by a doctor that she was having a miscarriage. The lawsuit alleges that the actions of Hernandez were malicious. It also alleges that ““Officer Hernandez was known throughout the Forrest City Police Department for her proclivity and propensity for violent acts and uncontrollable behavior,”” and that various complaints had been lodged against her by citizens. The lawsuit reiterates that ““Swvilla Lowe was not charged with even a misdemeanor”” over the incident. The lawsuit, filed by a Little Rock attorney, claims battery, excessive force, unconstitutional arrest and wrongful death. The lawsuit does not seek a specific amount, but asks for ““all damages allowable under Arkansas Law, for personal injury and wrongful death of a fetus.”” Rogers Arkansas Police Officer Lt. David Mitchell Fired After Laundry List Of Complaints – Currently Under Investigation After Videotaped Taser Weapon Attack On A Cow February 25th, 2008 ROGERS, ARKANSAS – On the day Rogers police Chief Steve Helms confirmed the department was investigating one of its own officers, it completed a previous investigation into that same officer. Lt. David Mitchell is now under investigation for his use of a Taser on a cow. On Tuesday, the department concluded an investigation into Mitchell that began on Aug. 9, the same day former Officer Anthony Martinez was terminated. After being told he was fired, Martinez gave Helms a ““laundry list””of complaints against Mitchell, Helms said. The chief said some of the accusations warranted an investigation, so he charged Capt. George Riggs, the head of the Traffic Division, with the task. While Helms said little about the investigation, he did address one of the more serious accusations against Mitchell. Martinez said the lieutenant had doubledipped, earning money for side jobs while on duty for the department, but Helms said there was no wrongdoing. In addition to his police work, Mitchell builds houses, Helms said. He has built houses for several Rogers police officers, and he discussed those projects with the officers, who were also his customers, while on duty. But Helms said those discussions did not interfere with Mitchell’’s police work, as they occurred when the lieutenant was not expected to be engaged in his departmental duties. Crawford County Arkansas Jail Administrator Terry Rea Suspended Amid Sexual Misconduct Investigation February 25th, 2008 CRAWFORD COUNTY, ARKANSAS – The Crawford County sheriff says the county jail administrator has been suspended after he was accused of sexual misconduct. Sheriff Mike Allen announced Thursday that jail administrator Terry Rea had been placed on paid administrative leave. The sheriff wouldn’’t elaborate on the sexual misconduct allegation, but an Arkansas State Police lieutenant says the alleged incident happened at the jail when Rea was on duty. State police are handling the investigation. Rea, who is from Dyer, declined to comment Thursday. Arkansas State Police Trooper Brian Garrett Charged With Assault And Battery After Attack On His Wife. Former Rogers Police Officer Shane Knaust Charged With Child Molestation February 24th, 2008 BENTONVILLE, ARKANSAS – Prosecutors filed formal charges Friday against an Arkansas State Police trooper and a former Rogers police officer in unrelated criminal cases. Trooper Brian Garrett, 38, is charged with aggravated assault and battery in the second degree, both class D felonies. If convicted, he could receive a sentence of up to six years on each count. Garrett, who is a trooper assigned to the governor’’s mansion, was placed on administrative leave with pay, according to Bill Sadler, a spokesman for the Arkansas State Police. Garrett was placed on administrative leave after his wife filed for an order of protection against her husband Dec. 11. Mandi Garrett of Bella Vista claimed in court documents that her husband had physically abused her, and she levied an allegation that he had also been abusive toward her three children. Garrett is accused of threatening his wife by placing the muzzle of his duty revolver against her face. According to a probable cause affidavit completed by Mark Kugler, a detective with the Bella Vista Police Department, Mandi Garrett told police that on Nov. 15, her husband had been drinking beer and taking two prescription medications. When he started to leave the home, she told him he should not be driving and asked why he had his gun and badge, according to the affidavit. The affidavit states that Mandi Garrett claims her husband placed the muzzle of the gun against the left side of her face and replied,”” Just in case I need it. ““ Garrett is accused of physically abusing one of his stepchildren. In the other case, former Rogers police officer Shane Knaust is charged with sexual indecency with a child, a class D felony. Knaust is accused of engaging in sexual contact with a 15-year-old girl. Knaust resigned Jan. 19 after he was arrested. The girl was interviewed at the Children’’s Advocacy Center of Benton County. She said Knaust was a good family friend and that he had kissed her with his tongue and tried to lift up her shirt, according to an affidavit in the case. The girl said Knaust made her kiss him a few different times and one time placed her hand on his groin area, according to court documents. The girl’’s mother said one morning she found a note under her pillow, court documents state. The girl claimed in the note that Knaust was kissing her and she did not like it, the affidavit states. The girl’’s father and the pastor of their church met with Knaust and confronted him about the note. They told Knaust that he could not speak to the girl and that he was no longer allowed to be around other youth at the church, according to court documents. On Friday, Benton County Sheriff’’s Office investigator Jeremy Felton questioned Knaust, who told the investigator he thought the girl was attractive for her age and he developed a relationship with her, court documents state. Knaust admitted to kissing the girl and touching her on the outside of her clothes, according to court documents. Knaust’’s and Garrett’’s arraignments are scheduled for Monday in Benton County Circuit Court. Rogers Arkansas Police Officer Lt. David Mitchell Under Investigation After Videotaped Taser Weapon Attack On A Cow February 21st, 2008 ROGERS, ARKANSAS – Police are conducting an internal investigation into an allegation that a lieutenant used his stun gun to shock a cow and shared a videotape of the incident with other department employees. Police Chief Steve Helms said Tuesday the inquiry began after he received a complaint from the group People for the Ethical Treatment of Animals. A letter dated Feb. 11 from PETA representative Stephanie Bell complained that Lt. David Mitchell filmed himself using the electronic stun device on the cow. Electronic stun guns are used as less-lethal weapons to subdue people who pose a threat to officers. Bell said in the letter that Mitchell distributed the video as a joke among friends and co-workers and she notes that animal cruelty is a misdemeanor crime in Arkansas. Helms didn’’t immediately return a call for comment on Wednesday. City Attorney Ben Lipscomb said Tuesday that the alleged incident happened 2 1/2 years ago, which would be beyond the statute of limitations for misdemeanors. Lipscomb said there would be no point in pursuing a criminal investigation. Fort Smith Arkansas Police Chief Kevin Lindsey Suspended Due To ““Lack Of Trust And Confidence”” February 17th, 2008 FORT SMITH, ARKANSAS —— City Administrator Randy Reed placed Police Chief Kevin Lindsey on paid administrative leave Friday, saying there is a lack of trust and confidence between them. Reed placed Lindsey on leave Friday afternoon following a meeting they had earlier in the day. The outcomes of other meetings with Lindsey since the firing of three police officials were upheld by the Fort Smith Civil Service Commission in December were factors in Friday’’s decision, Reed said. The Fort Smith Board of Directors will meet in executive session Tuesday to discuss the final decision about Lindsey’’s continued employment with the city, Reed said. City Director Velvet Barrows said Friday she would withdraw from the session. ““I don’’t want to have any say in the matter,”” she said. The Ward 2 director is mar- ried to former police Maj. Jeff Barrows whom Lindsey placed on leave and then fired in October for, among other things, undermining Lindsey’’s authority as chief. The Fort Smith Civil Service Commission upheld the firing in December, but Barrows has appealed the ruling to U. S. District Court. Contacted Friday, City Director Bill Maddox said he was surprised when Reed called him about placing Lindsey on leave. He also said he received little explanation about the reasons for the action. ““It’’s got me kind of confused,”” he said. Lindsey was unavailable for comment Friday. Reed appointed Maj. Dean Pitts, a longtime veteran of the department, to handle the chief’’s duties. He declined Friday, however, to call Pitts the acting or interim chief. Pitts is respected and has the confidence of officers on the force, Reed added. Lindsey, who was previously the police chief in Joplin, Mo., became Fort Smith’’s police chief in January 2007. He succeeded Reed, who was hired as city administrator in mid-2006. Strife inside the Lindsey-run department became public in August when he placed three longtime officers, Barrows, Maj. Steve Howard and Sgt. Jeff Morgan on administrative leave. Lindsey started an investigation into allegations the trio violated department rules and spread rumors that Lindsey was going to be fired and replaced by Barrows or Howard. Lindsey fired all three men in October. Reed said Friday one of the reasons he lost trust and confidence in Lindsey is that he did not hear about the officers being placed on leave from Lindsey, as he should have, but from outside sources. During Barrow’’s Civil Service Commission appeal, Lindsey testified that Reed indicated to him that Barrows was circulating the rumors about Lindsey’’s demise as police chief. Reed testified that he never had a conversation with Lindsey about Barrows spreading the rumors. Support for Lindsey in the department apparently was split. Barrows testified before the Civil Service Commission that he and other members of the department’’s senior staff were upset with Lindsey because he failed to communicate with them about programs that he wanted to initiate in the department. However, Lindsey appeared to have the support of the street officers. After rumors began circulating last summer about Lindsey being fired, members of the local Fraternal Order of Police chapter signed petitions in support of the chief. Former Fayetteville Arkansas Police Officer Jeremy Boyd Grammer Jailed Pending Sentencing For Distribution Of Child Pornography, Despite His Fear Of Being Behind Bars With Criminals Like Himself February 15th, 2008 FAYETTEVILLE, ARKANSAS – A former Fayetteville police officer was ordered to jail Thursday despite his concern for his safety behind bars. Jeremy Boyd Grammer, 31, pleaded guilty to distributing child pornography over the Internet. The federal crime carries a prison term of five to 20 years. Grammer, a 10-year police veteran, had been free on $ 5, 000 bond. He requested home detention with an electronic monitoring device until his sentencing in 30-45 days. He testified at Thursday’’s plea hearing he’’d ““absolutely”” be in danger if jailed locally because he’’d probably run into one of the hundreds of people he has arrested in his career. ““I’’d worry about myself, as well as the safety of the guards protecting me,”” said Grammer, who was a K-9 officer, detective and member of the Fayetteville Police Department’’s SWAT team. Defense attorney W. H. Taylor said those Grammer has arrested are likely to be ““enemies carrying grudges.”” He said Grammer’’s police past and pornography crime put him at ““extraordinary”” risk. But U. S. District Judge Jimm L. Hendren said Grammer’’s past as a police officer doesn’’t automatically mean he’’s in danger. ““I hear no evidence that there’’s ever been a threat made against Mr. Grammer, and there’’s been no name offered of any inmate who’’s in custody after being arrested by this defendant,”” Hendren said. Assistant U. S. attorney Kyra Jenner said Washington County Sheriff Tim Helder made arrangements to house Grammer in a medical unit in the jail with one other inmate —— a man also facing a federal child pornography charge. ““Some of the [jail ] administrators worked with the defendant at the Fayetteville Police Department and have his best interest in heart,”” Jenner said. ““They agree they’’ll go out of their way to ensure his safety.”” Deputy U. S. marshal David Comstock testified that the Marshals Service was prepared to move Grammer to a jail outside Northwest Arkansas, but he asked to stay in Fayetteville to be close to family. Grammer has an infant daughter with his wife and a 12-year-old daughter in Bentonville from a previous marriage. Hendren said he’’d leave Grammer’’s situation to the Marshals Service. ““Just because he’’s a former officer doesn’’t mean he’’s entitled to any special treatment,”” Hendren said. Defense attorney Bill Putman told Hendren that Grammer’’s crime was ““abberational”” and inconsistent with his history as a dedicated police officer and conscientious citizen. ““He led a good life up until this,”” Putman said. ““This came as a great surprise to his family, friends and people who know him.”” Jenner said Grammer distributed pornography from his personal e-mail account at home between October 2006 and April 2007. ““That hardly qualifies as a one-time act,”” she said. Grammer admitted sending pornographic images to a man in Cleveland who hasn’’t been identified in court. The relationship between the men hasn’’t been explained. Under a plea agreement, prosecutors dismissed two counts of receiving a pornographic image involving a child. U. S. Immigration and Customs Enforcement officials identified Grammer as a suspect in an Ohio pornography investigation in April. Fayetteville police conducted an internal investigation and fired Grammer three days later. They found no evidence of suspicious Internet activity on his work computer. Former Fayetteville Arkansas Police Officer Jeremy Boyd Grammer’’s Guilty Plea To Child Pornography Delayed February 14th, 2008 FAYETTEVILLE, ARKANSAS —— A judge Monday postponed a hearing for a former Fayetteville police officer who was scheduled to plead guilty to a federal child pornography charge. U. S. District Judge Jimm L. Hendren reset the plea hearing for Jeremy Boyd Grammer to 4: 30 p.m. Thursday. Grammer’’s attorneys asked for the continuance in Hendren’’s chambers Monday afternoon. Neither they nor a prosecutor would disclose the reason for the delay. Grammer, 31, of Fayetteville, was set to plead guilty to one count of distributing child pornography on the Internet. He was in court Monday, along with his wife and parents, for the scheduled plea, then left after the continuance was granted. Grammer faces between five and 20 years in prison on the charge. His attorneys want him to remain free on bond and under house arrest until sentencing. The attorneys said in a court motion filed Friday that Grammer’’s safety is at risk, since he’’s likely to encounter suspects he arrested as a police officer if jailed locally. In federal cases, sentencing usually occurs 45 days after a guilty plea. The motion states that police officers have a harder time in prison than most inmates, and one who is convicted of child pornography is at an exceptionally high risk. Prosecutors said in a response Monday that the risk isn’’t extraordinary enough to excuse Grammer from jail until sentencing. They said the U. S. Marshals Service has made arrangements to keep him safe while behind bars. Grammer is accused of receiving and distributing from his personal e-mail account images of girls having sex with adult men. One girl was believed to be 5 or 6 years old, court records state. Last spring, U. S. Immigration and Customs Enforcement agents named Grammer as a suspect in an Ohio pornography investigation. Fayetteville police conducted an internal investigation and fired Grammer on April 26. They said they found no evidence of suspicious Internet activity on his work computer. Grammer was hired at the department in 1998 and worked as a patrol, K-9 and bike patrol officer. He was a member of the emergency response team and had been a detective for less than a year when he was fired. Grammer was indicted in August on three counts. Under a proposed plea agreement, prosecutors will dismiss two counts. Grammer is free on $ 5, 000 bond and living with his wife, Sharla Grammer. He’’s under house arrest with an electronic monitor and is banned from using a computer and the Internet. He’’s forbidden from having contact with anyone under 18, except for his children. Grammer has an infant daughter with his wife and children from a previous marriage with whom he is close, his attorneys said in their motion. He wants to remain free until sentencing so he can spend as much time as possible with his family before going to prison, the motion states. Former Fort Smith Arkansas Police Chief Randy Reed And Police Officer Sued Brad Lokey For Negligence After Woman Ends Up Dead February 14th, 2008 FORT SMITH, ARKANSAS – Relatives of a Fort Smith woman stabbed to death at a busy intersection have sued a police officer and former police chief, saying law enforcement didn’’t do enough to protect the woman from her estranged husband. Thomas Springs was sentenced to death for the Jan. 21, 2005, stabbing death of his estranged wife, Christina Springs. Last month, her father, George E. Repking, and sister, Kelly Repking, filed the lawsuit in Sebastian Circuit Court. The suit accuses former Fort Smith police officer Brad Lokey and former chief Randy Reed – now the Fort Smith city administrator – of negligence. Christina Springs was killed in an attack that began when her husband crashed his car into one in which she was riding. Thomas Springs, 45, got out and reached his estranged wife, getting through a car window and stabbing her 24 times. On the day Springs died, police were called to a Fort Smith elementary school with reports that Thomas Springs was there despite a court order barring him. Lokey, who left the police department in 2006, told Christina Springs and her sister that he would follow them as they drove to a women’’s shelter where Christina Springs was staying, according to the lawsuit. Lokey followed the women for a short distance, but the collision and stabbing happened after he stopped following them, the suit said. The Repkings claim that Lokey promised to follow the women all the way to the shelter and that his failure to do so was negligent and a violation of their constitutional rights. They also argue Lokey had information to justify an arrest at the school, which could have prevented the murder. In a reply by city attorney Rick Wade, Lokey claims he told the women only that he would follow them a short distance to make sure Thomas Springs did not follow them as they left the school. State Investigating Misuse Of Law Enforcement Database By Benton County Arkansas Sheriff Keith Ferguson February 6th, 2008 BENTON COUNTY, ARKANSAS – Benton County Prosecutor Van Stone said Tuesday he has forwarded to officials at the Arkansas Crime Information Center a letter and documentation accusing Benton County Sheriff Keith Ferguson of misusing the center’’s database. Stone would not say what the specific allegations are, citing a provision in the Arkansas Freedom of Information Act exempting undisclosed investigations by law enforcement agencies. Stone also would not say who wrote the letter. Ferguson declined comment when The Morning News contacted him midafternoon Tuesday, saying he had not seen the allegations. Arkansas Crime Information Center agent Richard Faucett said he was contacted by Stone about the allegations, and he told Stone to mail the material to the center’’s office. Arkansas Crime Information Center regulations say: ““Information from the ACIC system shall only be used by criminal justice officials, acting in their official capacities, for criminal justice purposes.”” Faucett said the center would review the information and decide if an investigation is needed. If the center conducts an investigation and it reveals criminal charges are warranted, the findings would have to be turned over to the county prosecutor for a final determination, Faucett said. Misuse of the system is a felony punishable by a $10,000 fine or up to five years in jail. Former Benton County deputy Tom Pruitt acknowledged Tuesday he sent the letter, but would not discuss the contents or specific allegations. Pruitt spoke at a December rally of former sheriffs’’ deputies who are supporting Andy Lee, one of Ferguson’’s opponents in the May Republican primary for sheriff. Rogers Arkansas Police Officer Shane Aaron Knaust Quits After Arrest For Child Molestation January 20th, 2008 ROGERS, ARKANSAS – A Rogers police officer has resigned after he was arrested on suspicion of sexual indecency with a child, authorities said. Shane Aaron Knaust, 26, was arrested Friday on the felony charge, which is punishable by up to six years in prison. Rogers Police Chief Steve Helms said Knaust resigned Saturday. ““We are still in a state of shock,”” Helms said. ““We are just maintaining and moving forward with our jobs.”” Knaust is accused of sexual indecency with a 15-year-old girl, according to court documents. Knaust admitted kissing the girl and touching her outside of her clothing, according to court documents. ““He was well liked among his peers and supervisors,”” Helms said. ““It’’s very surprising. We didn’’t see it coming.”” Knaust was hired in 2002 as a dispatcher for the Rogers Police Department. He became a police officer in November 2005. Knaust is to be arraigned Feb. 25 in Circuit Judge David Clinger’’s court. Searcy Arkansas Police Officer Kara Osborne, Niece Of Police Chief Kyle Osborne, Suspended For One Whole Day After Hitting Teen On Motorcylce With Patrol Car January 12th, 2008 SEARCY, ARKANSAS – A Searcy police officer whose patrol vehicle hit a man on a motorcycle has been disciplined. Patrolman Kara Osborne, 25, has been suspended one day without pay, ordered to attend a defensive driving class and has been removed from the take home unit program for a period of six months, according to Major Tim Webb, Searcy Police Department spokesman. An internal investigation, completed following an investigation by the Arkansas State Police, showed Officer Osborne failed to yield the right away at 3:54 p.m. Dec. 22, striking a motorcycle driven by Will Maurer, 19, of Searcy. Osborne, who was on duty, was making a left-hand turn off Beebe-Capps Expressway while Maurer was westbound on Eastline Road, the investigation found. Kara Osborne is the niece of Searcy Police Chief Kyle Osborne. Faulkner County Arkansas Deputy Sheriff Rick Beavers Appeals Firing After Attacking Prisoner January 11th, 2008 FAULKNER COUNTY, ARKANSAS – Faulkner County Administrator Jeff Johnston said Monday that an appeal hearing before a county grievance board concerning the recent firing of sheriff’’s lieutenant Rick Beavers is in its informal stages, but would happen in the coming weeks once paperwork is completed. Sheriff Karl Byrd confirmed last week that he fired Beavers on Dec. 28 for allegedly using excessive force against a prisoner at the new jail sometime around Nov. 10. Beavers, who publicly announced his electoral candidacy against Byrd on Dec. 2, hadn’’t returned phone calls as of presstime. His attorney, Lucien R. Gillham of Little Rock, declined to comment on what he called an ongoing matter. Byrd said he plans to run for re-election, but Beavers’’ candidacy didn’’t affect the sheriff’’s decision to fire him. ““This is absolutely not in retaliation,”” Byrd said. ““I would prefer that it hadn’’t have happened, as far as the election goes. I don’’t care if (Beavers) runs against me. The election would have gone a lot smoother had this not have happened.”” – Advertisement – According to Byrd, who wouldn’’t name the prisoner without an open records request letter, Beavers’’ actions against the prisoner may have violated the inmate’’s civil rights, and the firing happened due to fear of future litigation against the sitting administration. Beavers, who until his firing worked as a commander at the new jail, is entitled to regular pay from the sheriff’’s office until his grievance is decided by a board whose members have never heard an appeal under the administration of County Judge Preston Scroggin after the judge took office with Byrd in January 2007. The grievance board would be comprised of county personnel committee members along with a group of elected county officials. A letter sent to the sheriff’’s office requesting documents related to Beavers’’ firing wasn’’t yet answered on Monday, though Byrd said sheriff’’s investigators will comply with state freedom of information laws. ““Our officers are held accountable and conduct like (Beavers’’) cannot happen in that facility,”” Byrd said of the alleged brutality incident. ““We are charged with the care of those people.”” Texarkana Arkansas Police Officer Det. Les Munn Suspended For Improper Use Of Cellphone And Internet January 10th, 2008 TEXARKANA, ARKANSAS – A Texarkana, Ark., Police Department detective has been suspended for using a city cell phone and Internet access for purposes unrelated to police work. ““We expect our officers to come to work,”” said Administrative Capt. Glenn M. Greenwell. ““We took what we felt was appropriate action.”” Det. Les Munn, who was assigned to the criminal investigation division in June 2006 from the patrol division, received a three-day suspension for ““improper use of city equipment,”” Greenwell said. Greenwell says Munn’’s assignments consist largely of work with cases involving juveniles. ““We looked at his Internet usage and he had some issues there,”” Greenwell said. ““There was some text messaging on a city-owned cell phone that was not related to duty issues.”” The internal review of Munn’’s use of department-owned equipment began as a result of concerns brought to TAPD officials by an individual outside the department. ““We actually got an external complaint and looked into it,”” Greenwell said. Greenwell says Munn has waived his right to appeal, meaning he is not contesting the disciplinary action. Sharp County On The Hook For $20,000 In Medical And Ambulance Bills After Man Was ““Accidentially”” Shot By Arkansas State Police Trooper Wendall Jines December 31st, 2007 ASH FLAT, ARKANSAS —— Sharp County officials feel the county is being unfairly charged with medical and ambulance bills stemming from the accidental shooting of a man by a state trooper almost a year ago, County Judge Larry Brown said. James Naldo Arnold, a former Sharp County resident who was a fugitive from Illinois at the time of the incident, was shot by Arkansas State Police Special Agent Wendall Jines as the two struggled while Jines was attempting to serve the Illinois warrant. The incident occurred Feb. 9 near Highland, where Jines had received information that Arnold could be inside a mobile home on Game Reserve Road. While Jines was at the door talking with an occupant of the home, he heard a vehicle start behind it. Moving in that direction, he saw a truck being driven by Arnold, identified himself as a police officer and ordered Arnold to stop. Arnold continued to drive toward Jines, who jumped out of the way and fired his service pistol three times in an attempt to stop the truck. The shots deflated two tires on the truck. As Arnold drove off, Jines followed in his patrol car until Arnold wrecked the truck on McCormick Road. Arnold then kicked out the driver’’s door window of the truck and crawled out. A struggle ensued, during which Jines’’ pistol unintentionally discharged, wounding Arnold. Arnold, then 38, was wanted by Iroquois County, Ill., authorities on drug charges and failure to appear, according to police reports. After Arnold spent about three days in White River Medical Center, he was charged in Sharp County Circuit Court with attempted capital murder and felony fleeing. He was charged as a habitual offender, meaning that penalties, if he is convicted, will be enhanced. The hospital bill totaled $18,692. Other bills include $1,003 owed to Spring River Ambulance Service and $599 to North Arkansas Radiology. Sheriff Dale Weaver said the county’’s role in the arrest was merely to send backup officers to the scene, and a county officer rode with Arnold to the hospital. ““I don’’t blame the hospital for wanting their money,”” he said. However, he and Brown contend that either the state of Arkansas or state of Illinois should pay the bills. Weaver said the Arkansas Claims Commission recently rejected the county’’s request to have the state pay the bills. County Attorney Larry Kissee is looking into appealing that decision, or at least part of it, Weaver said. Brown said the county will continue to appeal as far as possible, while also checking to see if Illinois would pay the bills, since the arrest stemmed from the Illinois warrant. Arnold has a history of conflict with authorities in Sharp County. He led police on a Labor Day 2004 pursuit that resulted in three wrecked police cars. In that incident, Arnold was listed by authorities as a fugitive when an officer spotted him driving a Ford Mustang. He led officers on a chase from Ash Flat to Cherokee Village, where a state trooper’’s car was heavily damaged, a county police car totaled and another county car damaged when the vehicles hit a street that had been chipped and sealed, leaving loose gravels on top. The Mustang was later found abandoned in Cherokee Village with undercarriage damage and flat tires. Arnold had escaped on foot. He was captured asleep in a pickup in Ozark Acres a few days later and charged with felony fleeing in addition to felonies in connection with an alleged methamphetamine lab found at his residence. He was also wanted on a warrant from Illinois when the 2004 pursuit occurred. In early 2005, he was sentenced to four years in state prison. Court documents also show that he was sentenced to three years in prison in March of 1998 in regard to drug-related and aggravated assault charges. Arnold is currently in a drug rehabilitation facility in Little Rock, Weaver said. Former Pine Bluff Arkansas Police Officer Marx Mitchell Charged With Terroristic Threats After Domestic Incident With Girlfriend And Her Family December 23rd, 2007 PINE BLUFF, ARKANSAS – A $250,000 bond was set Friday for a former Pine Bluff police officer charged with three counts of terroristic threatening following an incident involving his girlfriend and members of her family earlier this week. Circuit Judge Rob Wyatt Jr. set the bond for Marx Mitchell, 38, who now lives in Kingsland, and ordered him to have no contact with the girlfriend or members of her family until the case is settled. Pine Bluff attorney Greg Robinson appeared in court with Mitchell Friday, waived a formal reading of the charges, and entered a plea of not guilty for Mitchell. Mitchell, a former member of the police department’’s special response team and commander of the vice and narcotics unit, retired this summer on a medical disability. The case was assigned to First Division Circuit Judge Berlin Jones Arkansas State Police Trooper Roughs Up Reporter In Maumelle, Arrests Him For Absolutely Nothing December 13th, 2007 MAUMELLE, ARKANSAS —— Having lived 59 years, battled cancer, worn the country’’s uniform for 26 years and proudly worked as a journalist —— a profession I always admired —— I thought I’’d seen it all. That is until Monday night, when I was arrested and charged with a criminal offense just for trying to do my job and take photos of a residential fire in Maumelle. [BCN: Hopefully some crackhead takes out this cop with a bullet or knife. R.A.] Being arrested, searched, having my camera, reporter’’s notebook and billfold confiscated, humiliated in front of friends and people I write about every week was a difficult way to be arrested for the first time in my life. The only other time I wore a pair of handcuffs was 10 years ago during a training class at the Law Enforcement Training Academy in Camden. When I was told that I was being arrested it seemed like a dream. I knew I’’d done nothing wrong. But I knew better than to argue with a sate trooper who obviously had an attitude. Although I was arrested and handcuffed, not once was I read my rights. In fact, the State Police trooper told me I was being charged with obstructing governmental operations and one other offense. I can’’t remember what the second one was. It was such an incredulous feeling to be stopped from doing my job, much less to be arrested, that it was difficult to consider what was really happening. All I was doing was what Capt. Gloria Weakland, State Police Troop A commander, advised me to do when I inquired via telephone months back about a fatality accident near Cabot and talked to her about covering the news. Capt. Weakland told me that I was welcome at any accident or incident scene and for me to approach the trooper there and identify myself with the news media and that I would have access to do my job. That’’s all I was trying to do Monday evening. I didn’’t think the trooper in Maumelle had seen the press credential on my windshield and I approached him as she suggested to let him know who I was and why I was there. That’’s when he said he was going to arrest me for approaching him. He told me that he saw the press sign on my windshield and the ID around my neck but that it didn’’t mean anything to him. Life has been difficult for me since my battle with cancer. The cancer, radiation treatments and multiple surgeries have all left their marks on me. Thank God I’’m cancer-free, but I’’m not half the young man who used to run the 100-yard dash in 10.2 seconds. In fact, this past weekend has been one of the most painful in my life. The medicine that I still must take often depletes my potassium and my muscles hurt so badly it’’s very difficult to move. I actually have to hold on to something to pull my way in and out of my vehicle so that I don’’t generate more pain in my legs. I use my arms and hands as much as possible to keep from using my legs to even lift me out of chairs because of the pain. Of course, being overweight makes it even more difficult. For the first two years of my battle with cancer, I had to take steroid shots along with the 18 different kinds of medicine, to even feel like getting out of bed. A combination of the cancer’’s damage to my kidneys, bladder and colon and the steroids added about 100 pounds to my already large frame. But I tell people everyday that I’’d rather be fat and alive than skinny and dead. My physician tells me that some of the kidney medicine I take contributes to the retention of fluids in spite of other medicine to help relieve that problem. The combination of medical problems and being overweight makes for a slow-moving wide body. Walking is a chore and an occasional run or climbing stairs leaves me breathless. After being handcuffed and forced to stand still for more than 30 minutes beside his Arkansas State Police vehicle with unit number A-54 on it, I couldn’’t move a muscle. When I squirmed, the trooper was yelling at me to stop resisting. Standing with my arms behind me was difficult and painful to the point of being unbearable. I know what resisting is and I did nothing that could be considered that. The too-tight handcuffs hurt my wrists and I have scratches from them on my right arm where the trooper hit it while slapping the handcuffs on me. All of that and the pain of standing still for so long was unbearable, but I knew better than to complain or suffer the trooper’’s wrath. His demeanor was abusive, intimidating and downright scary. Some of my friends on the Maumelle Fire Department came over to check on me. I was still 50 to 75 yards away from the minor fire and they all wondered what was going on. They asked if they could help and I told my publisher’’s son-in-law, who is a firefighter, to call him in case I needed to be bailed out of jail. The firemen later told me they couldn’’t believe I had been arrested for attempting to take photos far away from the fire. In fact, they called the Maumelle Police Department to come and check on me because they said they were worried about me. After my boss’’ son-in-law left, the trooper came over and asked if I was somebody special. I told him no, I’’m just a reporter. Then he wanted to know whom I asked the fireman to call and I explained that it was my boss. He then asked which newspaper I worked for and I tried to explain that I worked for several newspapers owned by Stephens Media. He wanted to argue with me, telling me I’’d mentioned a specific newspaper earlier. Every time I tried to explain, the trooper would interrupt me, like a trial attorney would do when they’’re trying to discredit you. I wanted to tell him that I needed to sit down but I was afraid he’’d charge me with something else, or worse. After all, he had the gun and authority of a state trooper and I was just a journalist with a notepad and a camera. As mad as he was, I feared for my safety. He had roughed me up a little bit, pulling my left hand behind my back and then demanding that I let go of the camera in my right hand. I wasn’’t about to drop a $1,500 camera with a $400 strobe light on it. He grabbed it and yelled at me until I let it go. He took it, walked off behind me and later placed the camera on the trunk of his vehicle. After he visited with several Maumelle police officers, he came up to me and asked me, ““If I take these handcuffs off you, are you going to behave?”” I was stunned. From the moment he told me to turn around because I was under arrest for taking his photo, I attempted to follow his every command for fear of what he might do. I was handcuffed and defenseless. Not that I’’d have tried to resist; I have too much respect for law enforcement officers to do that, even when I know I didn’’t do anything wrong. As I was handcuffed, he tried to tell me that I’’d stuck the camera ““up in my face, inches from my nose, snapping it over and over attempting to blind me.”” I tried to explain that the camera had been set on motor drive in order to capture the firefighters in action and that I had actually only snapped it once. He wanted to argue and said that I held it down for 10 seconds or longer, telling me that he knew all about cameras. Even hours after the arrest, it all seems like a dream. A very bad dream. Maumelle Police Chief Sam Williams told me that I should file a complaint against the state trooper. I told him that wasn’’t my style because I have so much respect for all police officers and the difficult jobs they do. I’’ve worked closely with state troopers and count many of them as friends. In April 2006 when a trooper sergeant died out on a roadblock, I was so inspired when I attended his funeral in Searcy that I wrote a newspaper column tribute to him and all troopers, entitled ““The Thin Blue Line,”” that ended up being reprinted in the Arkansas State Police Association’’s magazine. After the episode, Chief Williams told me he might have yelled at me if he thought I’’d overstepped my bounds, but he said he certainly wouldn’’t have arrested me for just doing my job. Standing on a public street in a city where I’’ve covered much more serious fires than this one, I couldn’’t have believed that my First Amendment rights to cover and report the news would have been abridged. Even worse than the painful handcuffing episode, the state trooper turned me around so that I could not even see the firefighters in action putting out the fire. That was adding insult to injury. Now I can’’t even report on their outstanding efforts to save a home —— because I wasn’’t allowed to see it and I can’’t report what I didn’’t see. Suspended Fort Smith Arkansas Police Officer Steve Howard Drops Appeal After Special Deal And Slap On The Wrist December 12th, 2007 FORT SMITH, ARKANSAS – A Fort Smith police officer who was suspended for 30 days without pay has canceled his appeal in light of an agreement he made with the city last week, his attorney said Monday. See also: Fort Smith Arkansas Police Officer Sgt. Jeff Morgan Suspended Amid Investigation Including Major Jeff Barrows And Capt. Steve Howard Steve Howard, who was suspended Oct. 17 after an internal investigation that led to two other officers’’ firings, served his unpaid suspension and returned to work Nov. 16. He was scheduled for an appeal hearing Thursday before the Civil Service Commission. Attorney Greg Karber said his client withdrew his appeal after negotiating the agreement Thursday or Friday. ““He reached an agreement with the city whereby the time he was suspended without pay was reduced to seven days,”” Karber said. Karber said the deal was negotiated with city attorney Rick Wade. Wade could not be reached for comment, but Jerry Canfield, a colleague in the law firm Daily and Woods, confirmed ““as best I can understand from office conversation”” that an agreement of that nature was made, and that Howard can expect roughly three weeks of back pay. Howard was disciplined in connection with incidents that led to an internal investigation implicating him and two others —— Maj. Jeff Barrows and Sgt. Jeff Morgan —— and resulting in the latter officers’’ firings. Howard, who had recently been promoted to major and was in a probationary period, was demoted to captain Aug. 23. He and Barrows were placed on administrative leave the same day, and Morgan was placed on leave a week later, pending the outcome of the investigation. Morgan was fired Oct. 2. Barrows was fired Oct. 17, the same day Howard was suspended without pay. All three officers sought to appeal the actions. The Civil Service Commission confirmed Morgan’’s firing at a Nov. 28 hearing and Barrows’’ firing after a hearing Nov. 30 and Dec. 1. West Memphis Arkansas Police Chief Robert Paudert Ignores Calls To Resign After Police Officer Sgt. Erik Sammis Shoots And Kills 12 Year Old Boy Armed With A Bag Of Chips And A Soda December 9th, 2007 WEST MEMPHIS, ARKANSAS – West Memphis Police Chief Robert Paudert rejected Friday a request by the City Council that he resign in the wake of the June 22 fatal police shooting of a 12-year-old boy. See also: Grand Jury To Investigate After West Memphis Arkansas Police Officer Sgt. Erik Sammis Shoots And Kills 12 Year Old Boy Armed With A Bag Of Chips And A Soda Aldermen voted 6-4 in favor of a resolution Wednesday seeking Paudert’’s resignation, citing the shooting of DeAuntae Farrow by a West Memphis police officer. Paudert said he won’’t quit unless Mayor Bill Johnson asks him to step down. Johnson told the chief Friday he won’’t do that, Paudert said. Calls to Johnson on Friday weren’’t returned. ““I spoke with the mayor, and he has no intention of asking me to leave,”” Paudert said. ““I’’ve done nothing wrong. ““ We’’ve had three investigations that have cleared [Sgt. Erik Sammis ],”” Paudert said. ““But they [those who seek Paudert’’s resignation ] won’’t accept that. What they are looking for is different results that benefit them.”” Sammis shot DeAuntae twice while on a stakeout of a convenience store. Sammis said the youngster was holding what he thought was a handgun, and he made ““furtive motions”” when police asked him to stop. Officials later found the boy had a toy gun resembling a Smith & Wesson semiautomatic pistol, according to an investigation by special prosecutors. Family members have said DeAuntae was carrying a soft drink and a bag of potato chips. Meanwhile, a federal judge on Friday dismissed a wrongful death lawsuit filed by DeAuntae’’s mother. U. S. District Judge Susan Webber Wright said Debra Farrow didn’’t have standing because she hadn’’t been appointed administrator of the boy’’s estate when she filed the suit in July. Farrow and the boy’’s father, Robin Perkins, have since been appointed co-administrators of DeAuntae’’s estate. The special prosecutors exonerated Sammis of criminal wrongdoing in DeAuntae’’s death. He also was cleared by both federal investigators and internal investigators with the Police Department. However, members of West Memphis’’ black community aren’’t satisfied with the findings and claim justice hasn’’t been served in the youngster’’s death. Second Judicial District Circuit Judge Victor Hill filed a motion to call for a special grand jury to investigate the shooting, citing a 2000 case in which a black Edmondson police officer punched a white motorist who had stopped to harass the officer about issuing a traffic ticket. The blow was to the head and the motorist died about a week later. The police officer, David Turner, was tried twice by Crittenden County Circuit Court juries. He was found guilty of manslaughter in the second trial, held in December 2001, and sentenced to 10 years in prison —— a point Hill made in his filing. Hill said that a grand jury may be the only way to find out what happened in the shooting of DeAuntae. Special Prosecuting Attorney H. G. Foster of Conway asked the state Supreme Court to stay Hill’’s request to convene the jury, and the state’’s highest court agreed with Foster. Two West Memphis residents, the county’’s deputy coroner and the president of a community organization aimed at ensuring civil rights, filed a motion with the Supreme Court in support of Hill’’s request. ““There was no justice served,”” said Alderman Lorraine Robinson, one of the six who called for Paudert’’s resignation. ““DeAuntae was no threat to anyone. He didn’’t deserve to die.”” Ramona Taylor, an alderman who voted in favor of keeping Paudert on the job, said the chief was in a ““tough situation”” and actions have been hastily fueled by emotions. ““We need to be thoughtful,”” she said. ““We need to allow the family time to properly grieve. I think we have a good chief who is doing a good job. If we could all take a break. This didn’’t begin overnight and it won’’t be solved overnight.”” Paudert has been the police chief for nine years. During his tenure as chief, crime in the Crittenden County city of 27, 666 residents has declined drastically, police records indicate. ““This is dividing the city,”” Paudert said. ““Everything is on the basis of race.”” Sammis is white. DeAuntae was black. The six City Council members who voted to remove Paudert are black. The four who want him to remain are white. The council can recommend firing the city’’s police chief, but only the mayor has the power to terminate him. Aldermen can vote to overrule the mayor’’s decision to fire the chief, though. The shooting of DeAuntae occurred while Sammis and other police officers were watching a convenience store near the east side of town after receiving a tip that it may be robbed the night of June 22. A rash of thefts had occurred in the area during the weeks before, and police thought they could capture the robber or robbers. Sammis and officer Jimmy Evans sat in a patrol car near the store and waited. At 9: 50 p. m., DeAuntae and a relative walked by the car, heading from DeAuntae’’s home to the relative’’s in the Steeplechase Apartments. Sammis asked the boys to stop. According to police, DeAuntae was holding a toy gun and, when he made motions toward the officer, Sammis fired twice. The boy was shot in the leg and the chest. He died at the scene. Sammis and Evans were immediately suspended with pay during the investigation. Meanwhile, members of the black community questioned the shooting, incited, in part, by a eulogy performed at DeAuntae’’s July 1 funeral by the Rev. Al Sharpton. Sharpton, director of the National Action Network in New York, N. Y., urged those attending to ““seek justice”” for the shooting and not accept police findings. After the funeral, a West Memphis minister asked that blacks boycott businesses for a day in a show of support for DeAuntae. Evans returned to duty on the West Memphis Police Department earlier this week. Sammis has been offered jobs in other towns and probably will take another position soon, Paudert said. Paudert admits to adding his own incitement. During a recent public meeting between council members and residents, Paudert called those questioning the police investigations as ““vigilantes”” and criticized their lack of acceptance. ““They are not accepting the U. S. Department of Justice system, they won’’t accept what the state does with the special prosecutors and they won’’t accept our findings,”” he said. ““They want their own justice, their own results.”” Robinson said his remarks spurred her to call for his resignation. ““He made inflammatory comments,”” she said. ““We don’’t feel he needs to be our chief. He called us ‘‘vigilantes’’ and said we were ‘‘ignorant’’ and that we wanted ‘‘ black justice. ’’”” Robinson did say the aldermen who are seeking Paudert’’s resignation don’’t think Sammis was justified in DeAuntae’’s death. ““We heard things,”” she said. ““There’’s more to this than that report. There was something in there that caused Judge Hill to want to look further.”” Robinson and Paudert said that once Sammis leaves West Memphis for another job, feelings may subside somewhat. ““I think it will help settle things a bit,”” Robinson said. ““We still want Evans to be terminated, but he is not as important in the shooting as Sammis. ““ We feel this all could have been avoided if when it first happened that the city apologized to Debra [Farrow ], and offered a large settlement as an act of sorrow,”” she said. ““But instead this happens. The African-American community cannot be at rest until [Chief ] Paudert and [Mayor ] Billy Johnson are gone.”” Rape Conviction Reversed After Sherwood Arkansas Police Conduct Unwarranted Search December 9th, 2007 LITTLE ROCK. ARKANSAS —— Arkansas’’ highest court reversed the rape conviction Thursday of a man accusing of molesting a boy after justices said a nighttime search of his home wasn’’t justified. In a 5-2 ruling, the Arkansas Supreme Court ordered a new trial for Eric Wayne Kelley, who was convicted of rape and sentenced to life in prison. In 2005, Sherwood police were told by Texas authorities Kelley had arrest warrants from Dallas County, Texas, for sexual offenses against children. Police were also told Kelley had been having sexual relations with and 11-year-old or 12-year-old boy, the ruling said. After police found Kelley with a boy matching the description, they questioned the boy, who said Kelley had performed oral sex on him repeatedly over the past year and a half. He also told police Kelley had taken nude pictures of him with a digital camera at Kelley’’s apartment, the ruling said. Police obtained a nighttime search warrant because they were worried Kelley —— who insisted on calling his sister —— would ask her to dispose of the camera and computer. Kelley asked a judge to suppress the evidence seized during the search. Justice Annabelle Clinton Imber argued the affidavit and the warrant did not justify a nighttime search because they did not detail Kelley’’s insistence on calling his sister. ““The affidavit and warrant only contained the conclusory statement that the objects to be seized were in danger of imminent removal without providing any facts or explanation in support of such a search,”” Imber wrote. ““Thus, the affidavit lacked all indicia of reasonable cause to justify a nighttime search, and, under our objective standard, the officers should have known that an affidavit not stating facts that support a nighttime search was in violation of our rules.”” Justice Robert L. Brown dissented and noted police swore to a district judge why he believed a nighttime search was necessary. ““The result is that law enforcement officers will now be hamstrung in their ability to move expeditiously at night, even when the protection is in place against an unreasonable search because the police officer has made his case before a judge under oath and believes he is operating in good faith,”” Brown wrote. Trial Date Set For Lawsuit Charging Fayetteville Arkansas Police Officer Travis Faught With 30 Minute Taser Weapon Torture Attack December 6th, 2007 FAYETTEVILLE, ARKANSAS —— A March trial date has been set in U. S. District Court for two Fayetteville police officers accused of using excessive force during a November 2005 arrest. Steven E. Wanbaugh, 46, filed a lawsuit claiming Cpl. Robin Fields held him down while officer Travis Faught used a Taser on him for about 30 minutes. Wanbaugh claims in his handwritten complaint that Faught used the electrical shock device on him 10 to 30 times, making it hard for him to walk for days. The non-jury trial is scheduled for March 27 in U. S. District Court in Fayetteville. Wanbaugh is asking a federal judge to dismiss charges filed against him in state court, including battery on a police officer, resisting arrest and fleeing, and to order rehabilitation for back spasms he said he had after his arrest. Attorneys for the officers said any injuries or damages Wanbaugh sustained were caused by his own negligence. Wanbaugh’’s complaint fails to state a claim upon which relief can be granted under the law, they said in court filings. Police reports say Wanbaugh fought the officers, causing them minor injuries. The officers’’ actions in connection with the arrest were never investigated, because no complaint was made to the department, a police spokesman said. Greene County Arkansas Jail Supervisor William Shaw Charged After Sex With Inmate December 5th, 2007 GREENE COUNTY, ARKANSAS – Authorities say a former Greene County jail supervisor has been arrested after acknowledging he had sex with a state prison inmate serving as a trustee there. William Shaw faces a felony sexual assault charge stemming from the incident. Meanwhile, Sheriff Dan Langston says the county likely will lose state trustee labor until at least February as officials investigate the second such incident in a year. Langston says 35-year-old Shaw admitted to having sex with a female inmate in the last year inside an office at the jail. Langston says Shaw told a deputy he had ““deep regrets”” about what he did. The sheriff says the allegations involving Shaw were never brought to his attention before. This is the second time this year a Greene County jailer has faced allegations over trustees. Officials say former jailer John David Dupwe was arrested for felony sexual assault after meeting a female prisoner for sex while she was on a furlough. Shaw was being held on $25,000 bond Monday. Fort Smith Arkansas Police Officer Sgt. Jeff Morgan Wants Job Back After being Fired For Lying December 1st, 2007 FORT SMITH, ARKANSAS – A former Fort Smith police sergeant tried to salvage his 20-year career on Wednesday by denying allegations he lied about proofreading his supervisor’’s college course work while on duty. Sgt. Jeff Morgan, who was fired in October, pleaded his case to the city’’s five-member Civil Service Commission. An internal inquiry found Morgan lied about conducting personal business for his supervisor, Maj. Jeff Barrows, who was also fired after an internal investigation. Morgan, who was assigned to administrative duties such as managing grants, said he misunderstood the questions and didn’’t mean to mislead Capt. Alan Haney, who is in charge of internal inquiries. He later clarified his initial answers to Haney’’s questions. During follow-up interviews with investigators, he said he had reviewed Barrows’’ term papers and ran errands with his former supervisor. The Civil Service Commission has the authority to overrule or uphold Police Chief Kevin Lindsey’’s decision to terminate Morgan. Morgan can appeal any decision in Sebastian County Circuit Court. Testimony in the appeal was scheduled to continue today. Testimony on Wednesday revealed details of disciplinary action taken against Barrows and another high-ranking officer, Capt. Steve Howard. Howard has resumed duties after a 30-day suspension. Both men plan to appeal their punishments. But testimony stopped short of explaining exactly why Barrows was terminated and why Howard was demoted from the rank of major and placed on unpaid leave for 30 days. One previously released document indicated that Howard was being investigated for making disparaging remarks about the department. Lindsay, who was hired as police chief in January, said during testimony that one of the men has been cleared in the internal inquiry. He has declined to release further details. Morgan, who had no other history of disciplinary actions, was questioned as part of the inquiry into Barrows. He became the focus of another investigation after department officials felt he was untruthful in that interview. Barrow’’s appeal hearing is set for Friday morning. Lindsey said Morgan had been an ““exemplary employee.”” ““ The Fort Smith Police Department does not have room for an officer who lies, ”” Lindsey said. ““Pure and simple.”” Grand Jury To Investigate After West Memphis Arkansas Police Officer Sgt. Erik Sammis Shoots And Kills 12 Year Old Boy Armed With A Bag Of Chips And A Soda November 30th, 2007 LITTLE ROCK, ARKANSAS – Simmering racial divisions and fears in West Memphis came to a boil with the police shooting of a 12-year-old black child this summer, a local judge says, forcing him to impanel a civil grand jury to investigate the death. Crittenden County Circuit Court Judge Victor L. Hill’’s order for a grand jury investigation into DeAuntae Farrow’’s death comes after a special prosecutor declined to file criminal charges in the shooting. Hill stressed not only the need for ““maintaining the appearance of fairness,”” but also his own racial experiences as the area’’s sole black judge in calling for a formal investigation in the town across the Mississippi River from Memphis, Tenn. ““From any objective view of the manner in which justice has been dispensed in Crittenden County, there is reason for the public’’s confidence in the justice system to be shaken,”” Hill wrote in an order dated Monday. West Memphis police Sgt. Erik Sammis, a white officer on a stakeout, shot DeAuntae as he played near an apartment complex June 22. An Arkansas State Police investigation into the shooting concluded Sammis shot DeAuntae because the boy held a toy version of a semiautomatic pistol in the darkened parking lot. DeAuntae’’s family disputed that, saying the boy held a bag of chips and a soda at the time of the shooting. The Justice Department later said that DeAuntae’’s rights weren’’t ““willfully abused”” in the shooting and declined to pursue federal charges. Special Prosecutor H.G. Foster announced this month there would be no state criminal charges in the shooting, which he called a ““tragedy.”” DeAuntae’’s parents have filed a wrongful death and civil rights lawsuit seeking more than $100 million from the city of West Memphis and the police officers involved. In his order, Hill called for a civil jury scheduled to form Dec. 10 to look into the case and asked Foster to present his evidence if he’’s available. Foster did not return a call for comment Thursday, but a legal filing to the Arkansas Supreme Court by the special prosecutor asks justices to stop Hill’’s order. Hill said the reasons for a jury investigation were several-fold, including maintaining the public’’s trust in its legal system. In a footnote, Hill mentioned the death of Leo Cavallaro Jr., who was beaten by a former Edmondson police officer near West Memphis. The officer later was convicted of manslaughter and sentenced to 10 years in prison. In that case, Hill said, the officer went to trial twice before he was convicted. ““The life of the young black citizen is no less valuable than that of that of the white citizen who died following an altercation with a police officer,”” Hill wrote. ““Our system should tolerate not even the least suggestion that it is so.”” Hill, who noted on his order’’s first page he is the only black judge serving in Arkansas’’ Second Judicial Circuit, cited his own life as reason for seeking a grand jury investigation. In his order, Hill attacked West Memphis police Assistant Chief Mike Allen for filing ““frivolous and racially motivated complaints”” against him. ““Whether deliberately or subconsciously, these, and others like them have sought to make it clear that they have no respect for the rights of blacks,”” Hill wrote. Allen did not return a telephone call for comment Thursday. David Stewart, the executive director of the state panel overseeing judicial conduct, said the commission has received 14 complaints about Hill. All have been dismissed without commissioners taking any action. Foster’’s filing to the state Supreme Court warned Hill’’s order could cause ““immediate and irreparable harm,”” noting its focus on race. ““That with all proper respect and deference to Hon. Judge Hill, the order signed appears to actually state a racial basis for the call of the grand jury and that this could prove a further fatal defect to any action taken,”” Foster wrote. Hill said his hope is that the grand jury investigation will even the scales. ““There is no question in my mind that the justice system is not ‘‘fair.’’ That does not mean that we should abandon our efforts to make it more so,”” Hill wrote, quoting his response to previous judicial complaints against him. ““I have no plans to abandon the effort. It doesn’’t matter to me that my efforts upset some people. I would suggest to them that they get over it or move someplace where there are no black people.”” Former Hawaii Police Officer Jason Jesclard, About To Be Hired By Arkansas State Police, Arrested And Charged With Seeking Sex From A 14 Year Old Girl Online – That Job? Not So Much Now…… November 17th, 2007 WHITE COUNTY, ARKANSAS – It all starts at the White County Sheriff’’s Department when two deputies enter an on-line chat room. The decoy profile is an eighth grader from Searcy, a regular teen who could be anybody’’s child. One after another, men begin chatting with the officers posing as the young girl. Repeatedly detective Brandon Grimes tells the men the ““girl”” is only 14. ““We’’ve had several that have offered to even drive from halfway across the state, so that really surprises me,”” says Grimes. Since deputies began the cyber sex sting program about three weeks ago, they say three men have showed up at an undisclosed location with condoms to have sex. ““You’’d be surprised. They will show you anything, do anything, and say anything,”” explains Grimes. One of those men was 27-year-old Jason Jesclard, a former police officer in Hawaii who’’d recently been given a conditional offer of employment by Arkansas State Police. Found by deputies at Jesclard’’s home were several addresses and directions that detectives believe belong to girls across Arkansas he was planning to meet. ““We’’ve spoken with youth ministers of churches, girl softball coaches; we’’ve talked to everybody,”” explains Grimes. ““It never stops being amazing of who you’’re going to talk to, or where they are at, or who they’’re connected to.”” Deputies says conducting these stings may have saved a child, maybe even your child from getting raped or even worse. But the operation is just the beginning of a long fight in White County. Grimes says, ““I want them to know that when they see 14-year-old female from Searcy, or anyone from White County they’’re through talking.”” Jesclard and Greg Daughtery, 40, were arrested and charged with internet stalking of a child. The third man, is 19-years-old. The law states to be charged with internet stalking of a child, you must be 21. However, he is charged with contributing to the delinquency of a minor and possession of a controlled substance. Deputies in White County say they have several other cases they’’re working and expect more arrests soon. No Federal Charges Against West Memphis Arkansas Police Officer Sgt. Erik Sammis For Shooting And Killing Unarmed 12 Year Old Child November 10th, 2007 WEST MEMPHIS, ARKANSAS – The Justice Department’’s investigation into the shooting is closed. The 12-year old was shot June 22nd. The Sergeant who shot him told investigators he thought Deaunta was holding a gun. Police say the gun turned out to be a toy. The West Memphis Police Department feels this is a step in the right direction, but several people including two West Memphis Council Members say this will hurt the community more than it will heal. City Council Members Marco McClendon and Lorraine Robinson say the Federal Decision is a huge slap in the face to the people of West Memphis. Robinson calls it a ““really sad day in the U.S., based on a thought. He thought Deaunta Farrow had a gun.”” McClendon agrees. ”” What more is it going to take? My problem is the lack of compassion, where a child has been killed.”” Al Sharpton’’s group, ““The National Action Network”” is organizing a march in Washington to protest the Fed’’s decision not to prosecute Sergeant Erik Sammis and Officer Jimmy Evans. That march is Friday, November 16th, at noon. It will start at the Freedom Plaza and end at the steps of the Justice Department. Deaunta’’s mother, Deborah Farrow is expected to attend. Fort Smith Arkansas Police Officer Harold Dean Arter, Who Threw Cellphone In River, Found Not Guilty Of Harassment For Up-Skirt Photos Of Co-Worker November 5th, 2007 FORT SMITH, ARKANSAS —— A former police officer was found not guilty Wednesday of misdemeanor harassment in connection with accusations he tried to take unwanted pictures of a female co-worker. Acting Judge Glenn A. Neel stated ““based on the testimony and credibility of witnesses, statements of counsel, and the post-trial briefs submitted by both parties,”” he had a reasonable doubt as to Harold Dean Arter’’s guilt and found him not guilty. Arter, 48, was accused of trying to take cell phone pictures under the clothes of a woman he worked with at the Fort Smith Police Department. The woman reported two occasions of the suspected behavior —— an April 18 incident in which she said Arter bent to pick up a dropped coin, grazed her leg and stood up holding his cell phone, and an April 30 incident in which she said he leaned back while she was standing at his desk, then quickly put his hand in his lap, holding his cell phone. On the day the woman reported the incidents, Arter left the police station and told investigators he panicked and threw his cell phone in the river. He said he didn’’t photograph or try to photograph the woman April 18, but tried to take a picture ““from behind”” on April 30. The 17-year veteran officer was placed on administrative leave and resigned following his arrest May 2. Under Arkansas law, a person commits harassment if ““with the purpose”” to harass, he engages in conduct that alarms or seriously annoys another. Defense attorney Sam ““Chip”” Sexton III argued in his brief the statute was unconstitutionally vague and failed to give proper notice of prohibited conduct, and Arter behaved covertly specifically to avoid causing alarm. Deputy Prosecuting Attorney Cory Johnson argued in his brief Arter’’s covertness proved he knew his actions were wrong, and he received fair warning in that his conduct clearly matched the conduct prohibited by law. Former Crittenden County Arkansas Deputy Sheriff Shannon Houchin Sentenced To 1 Year In Federal Prison For Beating Inmate November 3rd, 2007 CRITTENDEN COUNTY, ARKANSAS – Shannon Houchin, a former officer with the Crittenden County Sheriff’’s Office in West Memphis, Ark., was sentenced today in federal court in Little Rock to one year and one day imprisonment following his conviction on a civil rights violation. At his guilty plea on July 23, 2007, Houchin admitted that he abused his authority as a police officer when, in May 2006, he unnecessarily assaulted an arrestee as the man was being taken into the booking area of the Crittenden County Detention Facility. ““Law enforcement officials have a special duty to protect the rights of people in the communities they serve, not to prey upon them,”” said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. ““The Justice Department will aggressively prosecute those who cross the line to engage in acts of criminal misconduct.”” The Civil Rights Division is committed to the aggressive enforcement of the nation’’s civil rights laws. In the past six years, the Division has convicted nearly 50 percent more defendants for color of law, or official misconduct, violations than in the previous six years. The Division continues to set records in the enforcement of criminal civil law. Last year, the Division convicted 189 defendants for civil rights violations, which is a record number in the 50-year history of the Division. Last year’’s record broke the record set in 2006. Today’’s sentence resulted from the investigative work of the Federal Bureau of Investigation and the Civil Rights Division of the U.S. Department of Justice. Civil Rights Division attorneys Christine Dunn and Karen Ruckert handled the case for the Justice Department. Arkansas Court Of Appeals Upholds Former Pine Bluff Police Officer Robert Bergstrom’’s Child Molestation Conviction And Prison Sentences November 3rd, 2007 LITTLE ROCK, ARKANSAS – The state Court of Appeals on Wednesday upheld the conviction of a former Pine Bluff police officer who was sentenced to 10 years in prison for sexual assault involving a teenage girl. Robert Bergstrom received concurrent 10-year and 5-year sentences for first-degree sexual assault and second-degree sexual assault in June 2006. Prosecutors said Bergstrom has sex with and touched inappropriately a girl who was under 18. The girl”” mother testified at Bergstrom’’s trial that she met Bergstrom one evening in 2002 when he brought her three children home from a skating rink where he worked as a security guard. She said Bergstrom became a family friend and often would stop by her home to check on the children while she was at work. The girl’’s mother said she trusted Bergstrom with her children because she knew he was a police officer. The girl testified that, starting in early 2002, Bergstrom often touched her inappropriately during his visits. She said that on one occasion, when she and her siblings were invited to Bergstrom’’s apartment complex to swim, Bergstrom called her into his apartment and forced her to have sex with him. Police testified that Bergstrom initially denied touching the girl but later admitted to having sexual contact with her, though he claimed it was at her urging. Appealing his conviction, Bergstrom, 40, claimed there was insufficient evidence to show that he used his position as a law enforcement officer to procure sexual contact with the girl, which the state had to show to support a conviction of first-degree sexual assault. Bergstrom argued that because he was off-duty when the sexual contact occurred, he was not using his power as a police officer over the victim. ““This is a ridiculous assertion,”” Judge Larry Vaught wrote in the appeals court’’s opinion. ““It was his position of power that allowed him to gain access to the child and to convince the child’’s mother that the children were safe in his care.”” Bergstrom also argued that Jefferson County Circuit Judge Berlin Jones should not have granted a motion by the state to limit the testimony of the defense witnesses to matters of character only. The appeals court rejected that argument as well, finding that the defense witnesses did not know or have any relationship with the girl or her family and that nothing the witnesses were prepared to say would have altered the impact of Bergstrom’’s own confession. Finally, Bergstrom argued that the jury was given erroneous instructions. Jurors were told that the state had to show either that Bergstrom was a law enforcement officer at the time of the offense or that he was in a position of trust or authority over the girl to support a second-degree sexual assault conviction, but under state law both of those elements had to be present, Bergstrom claimed. The appeals court found that the jury’’s instructions matched the law that was in effect at the time the sexual contact between Bergstrom and the girl began, although the law was changed in July 2003. Arrest Warrants Issued For Albuquerque New Mexico Police Officers Russell Carter And Kenneth Ronzone After Brutal Beating Of Bouncer In Arkansas Bar Brawl November 1st, 2007 FORT SMITH, ARKANSAS – Warrants have been issued for two Albuquerque police officers accused of being involved in a bar fight in Fort Smith, Arkansas. The warrants alleging second-degree battery were issued Wednesday for 24-year-old Russell Carter and 27-year-old Kenneth Ronzone. Fort Smith police Corporal Mikeal Bates says the two officers are accused of fighting with two bouncers. Police say the fracas erupted early last Friday when Carter tried to start a fight with one of the bouncers. Police allege the bouncer was on the ground when Ronzone stomped his head. Police also allege that Ronzone hit another bouncer in the face when the bouncer tried to help his co-worker. The officers contend the bouncers were the aggressors Fired Fayetteville Arkansas Police Officer Jeremy B Grammer Sued For Making Police Dog Falsely Indicate Drugs Were In Car. Officer Faces Federal Child Pornography Charges October 30th, 2007 FAYETTEVILLE, ARKANSAS —— A jury will consider today whether a fired Fayetteville Police officer’’s use of his police dog during a 2003 traffic stop was proper. Former officer Jeremy B. Grammer is being sued in U. S. District Court in Fayetteville by Justin Slaughter, a former University of Arkansas Razorbacks football player, who claims Grammer violated his civil rights on Nov. 26, 2003. Slaughter claims Grammer coached his police dog to falsely indicate drugs were present in Slaughter’’s car during the traffic stop. Grammer subsequently searched and detained him without cause or permission, his lawsuit claims. ““This is a case about a man who exercised his right and told the police, ““ No, you’’re not gonna search,”” Slaughter’’s attorney, Doug Norwood, told jurors Monday. ““But they searched anyway.”” Both sides rested after testimony Monday afternoon, and jurors will begin deliberating at 9 a. m. today. Slaughter, 24, of Fayetteville testified police stopped him on Garland Avenue after he swerved to avoid an object in the road. Officer Jason French asked Slaughter if he could search the car, but Slaughter declined. French and officer Travis Lee summoned Grammer and his police dog to the scene, saying they were suspicious about the strong odor of air freshener coming from the car. Jurors on Monday watched a police video of the search showing Grammer leading his dog, Cero, around the car. The video showed Grammer sweeping his arm toward various parts of the car’’s exterior, and Cero jumped up, placing his front paws on those areas. At issue is whether Grammer prompted the dog to indicate the presence of narcotics in the vehicle, and whether the dog’’s behavior was such an indication. Grammer testified Monday that the sweeping motion he made was to tell Cero where to check for the smell of drugs. ““When he puts his paws up, he’’s scratching,”” Grammer said. ““Scratching is a sign of a change in behavior, which means the dog detects the odor of narcotics.”” Grammer let the dog inside the car, which the three officers searched for drugs. French and Grammer testified they found ““remnants”” of marijuana on the floorboard of the car, which Slaughter, a reserve fullback, said belonged to a teammate. The remnants didn’’t constitute a useable amount of the drug, so the officers didn’’t seize it or arrest Slaughter. Slaughter said he told police he didn’’t have time for them to search the car because he was late to a player’’s meeting at UA. He said he was embarrassed standing along busy Garland Avenue with police going through the car, while teammates drove by on their way to the meeting. ““I felt humiliated,”” said Slaughter, who played for the Razorbacks from 2001 until he graduated in 2005. ““To be put in that position with people driving by made it hard for me to uphold a [good ] image.”” U. S. District Judge Jimm Larry Hendren dismissed Lee and French from the suit, but he found there is a question of whether Grammer coached the dog. Grammer is named individually and in his official capacity. He is covered by a liability insurance policy held by the city, court records show. Fayetteville police fired Grammer, 31, in April after federal officials identified him in a child pornography sting, according to court records. Grammer is charged in U. S. District Court in Fayetteville with distributing and receiving child pornography over the Internet. He pleaded innocent in August and is free on $ 5, 000 bond. His trial is set for Feb. 11. Police said Grammer sent and received images from his e-mail account depicting young girls engaged in sex with an adult male. Lawsuit Charges Miller County Arkansas Jailers With Savage Beating Of Inmate – No Investigation Was Done After Beating October 30th, 2007 MILLER COUNTY, ARKANSAS – A lawyer representing Miller County said Monday that officials never investigated allegations that two jailers beat an inmate so badly last year that he had to be hospitalized at least five times before he eventually died two weeks ago. Derrick Henry, 28, of Texarkana filed a federal lawsuit against the county on Oct. 12, five days before he died, alleging two unnamed jailers ““savagely”” beat him on or before Nov. 15, 2006, and then failed to get him medical treatment in a timely manner. C. Burt Newell, a Hot Springs attorney representing the county in the lawsuit, said Monday that no investigation was ever conducted into the matter, although he said the jailers have denied any wrongdoing. It is unclear exactly what happened to Henry and how he sustained the injuries, Newell said. ““We will deny that two jailers caused Mr. Henry any harm,”” Newell said. ““We know the guy had some serious problems, but we don’’t know for sure whether he had some or all of those problems at the point he was admitted [into the Miller County Detention Center on Nov. 9, 2006, for failing to pay child support ]. That’’s possible. The other possibility is that his cellmate did something to him.”” Robert W. Weber, a Texarkana, Texas, attorney who filed the lawsuit on behalf of Henry, declined comment on the case. The complaint he filed, however, alleges a series of improprieties on the part of Miller County officials. As a result of the beating, the lawsuit says, Henry sustained severe injuries and nearly died immediately. He suffered fractures of the jaw, a closed head injury, a spleen laceration, a collapsed lung, a joint dislocation and the loss of seven teeth, the lawsuit said. Henry also suffered psychological injuries including confusion, anxiety, agitation, paranoia and post-traumatic stress disorder, the lawsuit says. His hospital bills at the time the complaint was filed on Oct. 12, topped $ 312, 579. The lawsuit alleges Miller County paid $ 8, 044 for Henry’’s medical care, which according to Newell covered Henry’’s initial emergency room visit. On Wednesday, Newell filed a motion to dismiss the lawsuit, claiming it should have been filed in U. S. District for the Western District of Arkansas because the plaintiff and defendants are all from Arkansas. The lawsuit was filed in U. S. District Court for the Eastern District of Texas, where Henry received medical care. Since the alleged beating, Henry had to have his mouth wired shut and his spleen surgically removed, the lawsuit says. For two days, the lawsuit alleges, Henry waited for medical treatment in the Miller County jail despite a life-threatening need for treatment. The lawsuit alleges officers took Henry to the Area Health Education Center, advising the doctor there that Henry was suffering from an abscessed tooth. The physician, however, examined Henry and determined he had been assaulted and that officers needed to take him to the emergency room at the Wadley Regional Medical Center in Texarkana, Texas, the lawsuit says. After transporting Henry to Wadley, ““officers concocted another story and told emergency room personnel that Henry had been hitting himself and banging his head against the wall and described him as having a psychiatric history,”” the lawsuit says. ““These statements were knowingly false and made in a continuing effort to cover up the beating,”” the lawsuit says. Emergency personnel put Henry on life support to sustain his breathing before air-lifting him to Parkland Health and Hospital System in Dallas. Officers then released Henry as an inmate from the jail ““in an obvious and unconstitutional attempt”” to avoid having to pay for his medical bills, the lawsuit alleges. Newell said the allegations in the complaint are false. Newell said Henry was admitted to the jail with an infection in his mouth, and that it may have gotten progressively worse while in custody. ““We acknowledge the guy had some infections in his mouth; there’’s no doubt about that,”” Newell said. ““We just believe we provided him with proper adequate care as soon as he needed it. He never said anything. He never made a complaint about needing any help until the morning we took him to the doctor, and at that point he clearly needed help.”” Newell said it’’s safe to assume Henry ““may have had some emotional problems”” based on his behavior in jail. Efforts to reach Henry’’s family in Texarkana failed Monday. A number listed for his mother, Gloria Hunter, was no longer in service. His brothers, Charles Hunter Jr. and Matthew Hunter, are not listed on www. switchboard. com, an Internet telephone directory. Speaking of his mental state, Newell said Henry threw feces at the jailers, and Miller County Chief Deputy Sheriff Tommy Hollin said Henry’’s body was covered in waste at the time of the alleged beating. The lawsuit claims jailers inappropriately put him in a cell with a mentally ill detainee, Vinson Marks, who would ““throw or rub feces on windows, kick the windows, make screaming noises and generally cause trouble for the jail guards.”” Henry is the only named plaintiff in the lawsuit. Listed as defendants are Miller County, Miller County Judge Roy J. Mc-Natt, former Sheriff H. L. Phillips, former Warden Mike Griffen, Lt. Janice Nicholson, Sgt. Renee Wright and two unknown officers employed by Miller County. The case number is 507-CV-154. He’’s Being Deported”” – Fort Smith Arkansas Prosecuting Attorney Aaron Jennen Stands By As Child Molester Receives Suspended Sentence And Deportation. Predator Will Probably Be Back On U.S. Soil In Less Than A Month, Free To Attack His Victim Again, Or Another Child. October 26th, 2007 FORT SMITH, ARKANSAS – A 24-year-old man is on his way out of the country after pleading guilty to sexual assault, a prosecutor said Thursday. [Same prosecutor: Teacher receives a slap on the wrist for child molestation.] Hugo Rivas-Ortiz pleaded guilty Oct. 17 to fourth-degree sexual assault in connection with an incident discovered June 23. The offense is a Class D felony punishable by up to six years in prison. It alleges that a defendant over 20 engages in sexual intercourse with someone not his spouse who is under 16. Judge J. Michael Fitzhugh withheld Rivas-Ortiz’’s sentence for six years on condition of good behavior and ordered him to register as a sex offender, complete a sex-offender counseling program and engage in no offensive contact with the victim. According to Deputy Prosecuting Attorney Aaron Jennen, the choice between a prison sentence and a suspended sentence would have made no difference in this case, because Rivas-Ortiz was placed into the custody of Immigration and Customs Enforcement. ““He’’s being deported,”” Jennen said. The sexual assault to which Rivas-Ortiz pleaded guilty to involved a consensual relationship that apparently began when he was 23 and the girl was 15, Jennen said. ““The family did not want to pursue prosecution,”” he said. In fact, they indicated they hoped the no-contact order placed on Rivas-Ortiz would be dissolved with his plea and that they could visit him. Jennen said the relationship came to prosecutors’’ attention when the girl’’s parents reported her missing and then found her at Rivas-Ortiz’’s house. ““They initially did not approve of the relationship,”” Jennen said, but later changed their minds. The incident happened June 23. Rivas-Ortiz was arrested Aug. 22. Fort Smith Arkansas Police Officer David Andrew Howard Fired After Consuming Alcohol And Reckless Driving Stop October 16th, 2007 FORT SMITH, ARKANSAS – A rookie patrolman suspected of recklessly driving through Barling after consuming alcohol was fired from the Fort Smith Police Department on Friday. Officer David Andrew Howard, 22, was terminated for violating Rule 303 of the department’’s rules and regulations, which states that an officer cannot be involved in any action that draws criticism to the department, or any incident that would discredit him as an officer, according to a news release issued by Sgt. Jarrard Copeland. Howard began serving with the Police Department in January. When he committed the violation he was still in a one-year probationary period that is mandatory for all new officers. ““Howard has no right to make an appeal because he was a probationary officer,”” Copeland said. Howard was traveling through Barling at a high rate of speed toward his home in Lavaca on the night of Oct. 4 when he was stopped by officer Kevin Dugan of the Barling Police Department at 11:30 p.m., according to Lt. Tracy Powell, who is currently serving as interim chief of Barling police. Howard, who was off-duty and driving 64 mph in a 40 mph zone, told Dugan that he had just left a restaurant and was heading home. He said he had drank two large beers, Powell said. Dugan administered a field sobriety test, checking Howard’’s eyes for any frequent jerking caused by alcohol or narcotic consumption, and observing Howard’’s ability to balance himself while walking, turning and standing on one foot. Howard’’s eyes were excessively jerking, Powell said. Howard was cited for reckless driving and speeding, then driven home by an off-duty Barling police officer. Howard had not consumed enough alcohol to warrant an arrest for suspicion of DWI, according to Powell, who said that civilians have received the same treatment. Dugan did not recognize Howard as a police officer, and Howard did not identify himself as such, according to Powell. ““He didn’’t use the, ‘‘I’’m a cop, let me go’’ deal,”” Powell said. ““He was very cooperative.”” Howard was placed on administrative leave with pay while an internal investigation was conducted. Police Chief Kevin Lindsey reviewed the findings of the investigation and a predetermination hearing was held to allow Howard an opportunity to make a statement addressing the situation. An officer serving his first year with the Police Department is not allowed to make an appeal if terminated because he is working on a trial basis, according to Copeland. ““That’’s the department’’s opportunity to evaluate (an officer) and determine if he will be a liability later on,”” he said. Drinking and driving, Copeland said, is a serious offense. ““We’’re always telling people to not drink and drive,”” he said. ““The chief had to consider what message he was sending to the public and other police officers with his decision to terminate or not terminate (Howard’’s employment).”” Although the Police Department asks that motorists never drink and drive, officers are held even more accountable for their actions behind the wheel, Lindsey said. ““An officer should be held to a higher standard,”” the chief said. Suspended Fort Smith Arkansas Police Officer Sgt. Jeff Morgan Fired October 4th, 2007 FORT SMITH, ARKANSAS – Sgt. Jeff Morgan, one of three ranking Fort Smith police officers suspended as part of an internal investigation, was fired from the Police Department Tuesday. Morgan, a 20-year veteran of the department, was notified Tuesday that his position was terminated, according to Sgt. Jarrard Copeland. Morgan, along with Maj. Jeff Barrows and Capt. Steve Howard, was the subject of an internal investigation conducted by the department’’s Office of Professional Standards. Chief of Police Kevin Lindsey placed both Barrows and Howard on administrative leave with pay on Aug. 23; Morgan was suspended with pay one week later. The internal investigation revealed that Morgan committed ““a serious violation of the Fort Smith Police Department Rules and Regulations,”” Copeland stated in a news release. Because Morgan is allotted 10 days to appeal his termination, Copeland said he could not comment on the specific reason for Morgan’’s removal. He also refused to provide the exact date of the violation. Lindsey, who assumed the chief’’s office in January, determined that Morgan would not continue his career with the Police Department, Copeland said. ““The decision is ultimately left up to the chief,”” Copeland said. While Barrows and Howard remain on administrative leave, it is unknown if any disciplinary action will be taken against them. Although Copeland said the investigations into Morgan, Barrows and Howard are related, he said he could not elaborate on their connection to each other. During the internal investigation, several officers were interviewed by the Office of Professional Standards. According to Police Department due process, once the investigation is completed and the information transcribed, the chief of police reviews files from the investigation. A chain of command review usually takes place after the chief’’s review. However, Barrows, Howard and Morgan comprised the administrative the chain of command, therefore officers would have to be appointed for the review. In September, Lindsey said he would use his option to appoint officers. Upon reviewing the files, the appointed officers would determine whether a policy had been violated, and if a violation is found, they would either recommend to offer or not offer a predetermination hearing. A predetermination hearing, Copeland said, allows the officer under investigation to present his side of the story. Copeland said he is not aware of which officers were appointed to the chain of command review, and also said that he does not know if Morgan received a predetermination hearing. Lindsey could not be reached for comment during both office and evening hours. Copeland said the chief was busy with late-afternoon meetings. City Administrator Randy Reed said Wednesday night that Lindsey had yet to send the necessary paperwork for him to sign off on Morgan’’s termination from the Police Department. If Morgan chooses, he can appeal his termination to the Civil Service Commission. Copeland said the Commission is made up of five Fort Smith residents from the public sector, including an attorney and an employee of St. Edward Mercy Medical Center. On Aug. 9, the commission upheld Lindsey’’s decision to suspend Cpl. Tim Randolph for 30 days without pay. If the commission overturns Morgan’’s termination, the Police Department can appeal, Copeland said. Morgan could not be reached by phone to comment on his termination or a possible appeal. Soon after Barrows and Howard were placed on administrative leave, members of two local police unions became concerned that Lindsey would be fired. Members of the Fort Smith Fraternal Order of Police and Municipal Police Association gathered on Aug. 24 and declared their unanimous support of Lindsey. Police union members circulated two petitions in support of Lindsey with signatures from the Police Department, local citizens and members of other area law enforcement agencies. Both petitions were forwarded to Reed, Mayor Ray Baker and all members of the Fort Smith Board of Directors. At-Large Director Cole Goodman wrote a letter to Reed on Sept. 12, asking the city administrator to place Lindsey on administrative leave until the City Council can have an executive session and evaluate what Goodman described as a ““mishandling of an ‘‘internal investigation.’’”” It was also learned that Ward 2 Director Velvet Barrows expressed interest in an executive session. Local attorney Chip Sexton, who often represents Fort Smith police officers, told the Times Record in September that several officers were leery of Velvet Barrows’’ involvement with the internal investigation. Sexton said officers were concerned by information that Velvet Barrows, the wife of Maj. Jeff Barrows, was attempting to ““influence the city directors in regard to the internal investigation at the Police Department.”” Velvet Barrows confirmed on Sept. 14 that she requested a report on the status of the investigation, as is her right as city director, and that she contacted other directors to see if they were interested in calling an executive session to discuss Lindsey’’s performance. Because her husband is a subject of the investigation, Barrows said she would recuse herself if an executive session were held. Despite Goodman’’s request, on Sept. 19, Reed said he would not suspend Lindsey. Court Tosses Fired Huntington Arkansas Police Officer Ryan Stephens Wrongful-Termination Lawsuit October 4th, 2007 HUNTINGTON, ARKANSAS – A wrongful-termination lawsuit filed in July by former Huntington police officer Ryan Stephens was dismissed without prejudice in September by Sebastian County Circuit Judge J. Michael Fitzhugh. In an order filed in the Circuit Court’’s Greenwood District, Fitzhugh wrote that Arkansas is an at-will employment state. Under that doctrine, an at-will employee can be terminated for good cause, no cause or even a morally wrong cause, he wrote. There are exceptions, Fitzhugh stated, but the public policy exception claimed by Stephens is a narrow one. ““The plaintiff’’s complaint, as drafted, falls short of making sufficient factual allegations of unlawful discharge under the public policy exception,”” Fitzhugh wrote. The dismissal without prejudice would allow Stephens to refile the complaint and plead further. Stephens’’ attorney, Kevin Ridgley of Greenwood, did not immediately return a phone call Wednesday. Stephens’’ lawsuit had alleged that in violation of state law, Huntington Mayor Craig Cotner had in his private possession police department equipment including radios, firearms, badges and uniforms. The lawsuit alleged none of the missing items had been officially transferred to the mayor’’s possession. In an affidavit, Stephens said he found three firearms missing from the evidence locker and reported it to the State Police who conducted an investigation. He stated that the State Police told him to try to retrieve the firearms, but the mayor allegedly refused to return any of the missing items. Stephens stated that he then called the Municipal League, which instructed him to call the Attorney General’’s Office, which instructed him to call the Sebastian County Prosecutor’’s Office, which instructed him to call the city attorney. At the time, he said, Huntington had no city attorney. After the council hired Dianna Ladd, Stephens said, he consulted her and was told to ask to have the matter placed on the City Council agenda. When he did, Stephens stated, he was fired. Stephens was fired on May 25 for alleged insubordination. He started working for the department in July 2002. Stephens had asked for monetary damages, including the value of all fringe benefits, retirement service credit, lost wages, punitive damages, and court costs and attorney fees. Waldron Arkansas Police Officer Gerald Heifner Quits After Rape Accusation September 22nd, 2007 WALDRON, ARKANSAS – A Waldron police officer whose conduct was deemed unbecoming an officer resigned from the department. Gerald Heifner resigned a few days after an accusation of rape was levied against him Aug. 26. Waldron Police Chief David Miller said Thursday an Arkansas State Police investigation found that the sexual relations Heifner had with a 21-year-old woman were consensual and not rape, as originally alleged. However, Heifner’’s conduct was considered unbecoming an officer because he’’d place himself in a position in which the allegations could be made, Miller said. Miller said the woman is related to someone in a case Heifner was investigating. No telephone listing could be found for Heifner, and he could not be reached for comment Thursday. Heifner had worked for the Waldron force for about two years, Miller said. Scott County Sheriff Cody Carpenter said his officers were dispatched to the local hospital regarding an alleged rape by a Waldron police officer. Carpenter said Arkansas State Police investigators took over the case. Carpenter said the woman later told both his investigators and the ASP investigators that the act was consensual. Carpenter said it is his understanding ““it was an ‘‘if you do this for me, I’’ll do this for you’’ kind of thing. It’’s always been that way, but now that we’’re trying to address it, you hear about it more.”” Law enforcement officers are held to a higher standard, Miller agreed. ASP Special Agent Ron Hitt said he couldn’’t comment on the case because the investigation technically remains open and will until the prosecuting attorney decides whether to prosecute. He said the case had not yet been forwarded to the prosecutor’’s office. A call placed to 15th Judicial Circuit Prosecuting Attorney Tom Tatum’’s office was not immediately returned Thursday. Another Bono Arkansas Police Officer Jim Matha Target Of Investigation Into Sexual Misconduct With A Child September 21st, 2007 BONO, ARKANSAS – Another Bono police officer is now the target of an investigation involving allegations of sexual misconduct with a minor. Bono Mayor L.M. Duncan confirmed the information for K8 News, saying that officer Jim Matha, no longer is employed by the city. Previously, Matha served as Bono’’s interim police chief after the former chief, Rick Duhon, was fired for similar actions. Duhon is now serving prison time in the Arkansas Dept. of Correction. Sources say the same teenage girl who accused Duhon of misconduct is now accusing Matha. Matha has not yet been formally charged. The incident is being investigated by the Arkansas State Police, at the request of Bono Police Chief Lance Suttles. Fort Smith Arkansas Police Officer Sgt. Thomas Robinson Arrested, Suspended, Charged With Suspicion Of Driving While Intoxicated By Prescription Drugs After Crashing Into Dumpster September 21st, 2007 ALMA, ARKANSAS —— A Fort Smith police officer was arrested Thursday night on suspicion of driving while intoxicated by prescription drugs. Alma police arrested Sgt. Thomas Robinson after they said he drove his car into a Dumpster, 40/29 reported. Robinson is assigned to the patrol division of the Fort Smith Police Department. He has been placed on paid leave while the case is investigated. Third Fort Smith Arkansas Police Officer, Sgt. Jeff Morgan, Suspended Amid Investigation September 2nd, 2007 FORT SMITH, ARKANSAS —— An internal investigation at the Fort Smith Police Department has led to another officer being placed on leave. Sgt. Jeff Morgan was placed on paid leave Thursday night, authorities said. Morgan joined Maj. Jeff Barrow and Capt. Steve Howard, who were both placed on paid leave Aug. 23. Police Chief Kevin Lindsey has not commented on the case but said there is a connection among all three men and the reasons they were placed on leave. Posted by John Lewis at 7:58 AM 0 comments Subscribe to: Posts (Atom) Blog Archive * ▼ 2008 (3) o ▼ July (3) + Pearl Harbor Photo’s never seen + Sulphur Springs Police Chief Pleads Not Guilty + Arkansas Bad Cops About Me My Photo John Lewis View my complete profile