Crazed West Memphis Arkansas Police Shoot And Kill 12 Year Old With Toy Gun

June 24, 2007

WEST MEMPHIS, ARKANSAS – A 12-year-old boy who was carrying a toy gun was shot to death Friday evening by a West Memphis police officer, who apparently thought the gun was real.

Police Chief Bob Paudert said officers were on surveillance at an apartment building near a hotel about 10 p.m. when the boy appeared.

“The child had a toy pistol that looked identical to a real weapon. He did have a toy pistol with him and the officer saw it and fired shots. Two shots, I think,” Paudert told the Memphis (Tenn.) Commercial Appeal. “It’s a very tragic and unfortunate incident that happened.”

The child, whose name was not released, died at the scene, Paudert said. The officer, who was not identified, was placed on suspension with pay, pending an investigation.

Arkansas State Police spokesman Bill Sadler confirmed Saturday that the state police were investigating the fatal shooting of a boy by a West Memphis police officer. He did not provide further details, but said once the “use of force investigation” was completed the findings would be turned over to the local prosecutor to determine if charges are warranted.

Paudert did not immediately return a call Saturday.

According to a local television station, there were two boys and two police officers involved in the incident. Police were in the area because of a rash of armed robberies, the station reported. West Memphis Police Assistant Chief Mike Allen said when two police officers approached the boys, the officers saw a gun.

“When the police confronted the 12-year-old and told him to drop the weapon, he made a gesture toward the officers and (they) fired,” Allen said.

The other boy, a 14-year-old, was not injured.

The police chief said the officer who shot the boy has been with the department for more than 10 years. “He is taking it very hard right now,” Paudert said.

Since the incident involved an officer, Paudert asked the Arkansas State Police to investigate.

“We’re all saddened by the fact that this happened. But it will be thoroughly investigated by the state police,” Paudert said.

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Former Poccola Arkansas Police Chief Eric Helms, Subject Of Protective Order By City Employee Against Him And His Wife, Blames Plot By Mayor To Ruin His Career

June 21, 2007

LEFLORE COUNTY, ARKANSAS – Pocola’s former police chief said he is confident a protective order taken out by a city employee against him and his wife will not be renewed during a hearing set for next week.

Eric Helms also said the protective order bars him from carrying a firearm, but he is not sure if that would still apply if he got hired to do police work in another town.

Sherry Green filed the protective order against Eric and Dana Helms in LeFlore County District Court on June 14, alleging they came to her place of employment at the city clerk’s office the day before and called her names and threatened her.

Helms said the allegations made by Green are false and part of a ploy by Mayor Jerl Mitchell to ruin his police career.

“I guarantee you that’s what it’s all about, trying to make up this stuff to keep me from carrying a gun,” Helms said. “I made no threats. There were no threats made.”

Mitchell did not immediately return a message left on his cellular phone seeking comment.

In the petition, Green also contends that Dana Helms threatened to cause bodily harm to Green when her husband, Gerald Green, called Eric Helms later that day and told him to leave Sherry Green alone.

Helms said he and his wife were just defending themselves after Gerald Green threatened them.

“He called my house telling me I better stay away from his wife, I better not say anything to his wife or be around her basically or he’d take care of me,” Helms said. “That’s when my wife said, ‘Look, you don’t threaten us.’”

He said the earlier incident at the city clerk’s office between his wife and Sherry Green was a verbal altercation and nothing more.

Sherry Green declined to comment on the order when reached Wednesday evening, saying she might comment after the hearing “but until then, no.”

A hearing is set for 1:30 p.m. June 28 before Special District Judge Jonathan K. Sullivan, who can let the order expire or order it to be renewed.

In the meantime, Helms said he is not carrying a firearm since he’s not employed as a police officer. But if that changes, he said even an extended protective order might not apply.

“So I think if I’m employed as an officer somewhere I can carry (a gun) in the performance of a duty,” Helms said. “I don’t know the exact laws. I don’t think it pertains to the protective order.”

Helms is looking for another police job, even as he hopes possible legal action against the city council for what he says are failures to follow policy in firing him might eventually win him his old position back.

“I’m a police officer,” Helms said. “I eat, sleep and drink police officer. Whatever I choose to do in the future, I’m still going to be a police officer at heart.”

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Saline County Arkansas Jailer Ron Spivey Fired Over Altercation With Inmate

June 20, 2007

SALINE COUNTY, ARKANSAS – A Saline County jailer has been terminated in conjunction with a June 8 altercation with a prisoner.

Ron Spivey, 20, who has been an employee of the Saline County Detention Center for two years, is the former jailer, Sheriff Phil Mask said today. Mask said he discussed the incident with Prosecuting Attorney Ken Casady and asked that Casady request an Arkansas State Police investigation into the incident.

“On June 11, I received a call from Jackson Fohn, father of a prisoner, James Fohn, who was arrested by Bryant police on June 8 for disorderly conduct and resisting arrest,” Mask said.

“Mr. Fohn informed me that he felt his son was abused by our jailer.

“At that point, I told him I would open an internal investigation and give him a response as soon as we completed that,” he said.

“Based on our preliminary internal investigation, on June 12, I relieved Mr. Spivey of duty, placing him on administrative leave pending the outcome of the internal investigation, and yesterday (Tuesday) I terminated his employment with the sheriff’s office.

“At that point I contacted the prosecutor’s office and asked for the ASP investigation. I just want the citizens to know that I don’t condone this behavior … and that it will not be tolerated during my administration.”

If any criminal charges are filed in relation to the incident, these will be filed by the State Police, Mask said.

Capt. Jason Massey, in discussing the incident, said the prisoner was “fighting with the police officers that brought him in and the jailer. He was fighting with everyone.”

Massey said the prisoner suffered injuries in the incident at the jail, but did not require hospitalization.

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Hughes Arkansas Police Chief Todd Gray Fired After One Month On The Job After Complaints About His Performance

June 19, 2007

HUGHES, ARKANSAS – The city of Hughes is again without a chief of police after Todd Gray was terminated by Hughes Mayor Donnie Mooney last week.

According to Mooney, Gray was terminated after several city council members voiced complaints to him about Gray’s performance. Mooney also said that Gray’s continued employment with the Madison Police Department, where he serves as a lieutenant, was also an issue.

“To be honest, none of the council members were happy with his performance. I had also told him that I was not happy with him continuing to work in Madison while serving as our part-time chief, and he was not willing to let that go,” said Mooney.

Calls were made to several members of the council, but only one, Greg Prestage, was available for comment. “As a council member, I for one had no problems with Todd’s performance, and I thought he was doing a very good job,” said Prestage.

Gray said that he was notified last week that he would no longer be employed by the department and said that Mooney had told him that the department was being closed and turned over to the St. Francis County Sheriff’s Department.

Mooney said that was not the case.

St. Francis County Sheriff Bobby May confirmed that in the past he had discussed providing police services to the city with Mooney.

“Donnie and I have talked about contracting out police protection for Hughes through the sheriff’s department, but not recently. This would allow the sheriff’s department to provide full-time police service to the city, and the city would basically turn over their police department budget to the county. We would hire the officers, and they would work for the county, but would patrol the city of Hughes,” May said.

May also said that the practice is becoming more the norm for areas in the western portion of the country and is currently being used in Independence County in Arkansas.

“This is a very common practice the farther west you go. Sheriff’s departments handle the police work throughout the county, and they’ll be the primary law enforcement for the entire area. This system is actually in place right now in Independence County. That entire county is contracted out to the sheriff’s department, including the city of Batesville, and they don’t have any problems,” May said.

“Right now, it is difficult for small towns to employ police officers because a lot of times what happens is someone comes in and the city will pay to send them to get training, but once they’re certified, the smaller towns can’t pay top dollar, and that person will move on to a better paying job. This program would allow us to train them and employ them with the cities getting police protection while at the same time allowing us to increase our staff,” May said.

According to May, the city of Caldwell is currently contracting police protection through the sheriff’s department.

Mooney said it is too early to determine whether Hughes will contract the services or seek a new police chief, and he reiterated his reasons for terminating Gray.

“He was trying to serve two cities at once and just was not providing the type of service we needed in Hughes,” Mooney said.

Gray was hired last month and gave a report to members of the city council last week during their monthly meeting. No concerns were voiced by the council during that meeting.

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Child Molester Former Crawford County Arkandsas Deputy Sheriff John William “Bill” Seamster Jr. Sentenced To 6 More Years In Prison For Not Completing Sex Offender Program While Imprisoned

June 18, 2007

CRAWFORD COUNTY, ARKANSAS – A former Crawford County sheriff’s deputy has been sentenced to another six-year term in the Arkansas Department of Correction for not completing a sex offender program while in prison.

John William “Bill” Seamster Jr., 57, of Omaha, Ark., appeared before Judge Mike Fitzhugh at a petition to revoke hearing on Friday morning.

The Sebastian County judge presided at the Crawford County Circuit Court hearing after Judges Mike Medlock and Gary R. Cottrell asked not to hear the case. Medlock was the prosecuting attorney when Seamster was originally sentenced after pleading no contest to sexual abuse in the first degree in 2001.

Brandy Perez with adult probation testified for the state that Seamster did not enroll and complete the sex offender program (RSVP) while in the the department of correction. Therefore, she said, the former deputy could not additionally follow the recommendations for aftercare treatment once released from prison.

Prosecuting Attorney Marc McCune introduced Seamster’s risk assessment screening report which showed that Seamster admitted to molesting children. One of the children was molested by Seamster in his patrol car while employed at the sheriff’s office, the report stated.

Perez testified that Seamster is classified as a level 4 violent sexual predator with a risk of re-offending. Level 4 is the highest level.

The defense introduced a letter from Larry Gantt which showed that on June 11 Seamster met with Gantt for an “unscheduled appointment” to try to get into his sex offender counseling program.

Fitzhugh found that Seamster violated the terms and conditions of his plea and based upon McCune’s recommendation sentenced Seamster to a six-year prison term. He was ordered to complete RSVP.

On Feb. 21, 2001, Seamster was sentenced to six years in prison after pleading no contest in Crawford County Circuit Court to two charges of sexual abuse in the first degree resulting from the alleged rape of two children. The former deputy was sentenced to prison on one sexual abuse charge.

Judge Floyd “Pete” Rogers gave Seamster a 10-year suspended sentence on the other count in a plea agreement worked out between the prosecuting attorney’s office and defense attorney Joel Price. McCune said the children approved the plea agreement because they wanted to avoid testifying at trial.

Seamster was released from prison March 6.

Following Friday’s hearing, Seamster was taken to the Crawford County Detention Center. Fitzhugh set a $10,000 appeal bond.

Seamster retired from the Crawford County Sheriff’s Department in August 1999 after 25 years with the department.

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Veteran Fort Smith Police Officer Timothy Randolph Suspended, Faces Criminal Charge After Distubance At Restaurant Where Estranged Wife Was Dining

June 16, 2007

FORT SMITH, ARKANSAS – Police say a 25-year veteran of the Fort Smith Police Department faces a misdemeanor charge after allegedly starting a disturbance at a restaurant where his estranged wife was dining.

Corporal Timothy Randolph is on administrative leave after an anonymous call to the city’s personnel department complained of a uniformed police officer starting an argument with two women at La Huerta’s Restaurant on June Seventh.

Police Sergeant Jarrard Copeland said Randolph faces a disorderly conduct charge.

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Little Rock Arkansas Police Chase Results In Death Of Innocent Motorist, Injuries, Property Damage

June 15, 2007

LITTLE ROCK, ARKANSAS - Little Rock police say a driver is dead after a suspected stolen car being chased by officers collided with another vehicle. Officers said the driver of the other vehicle died after the crash tonight.

Police said the two occupants of the car being pursued were hospitalized after the crash southwest of the downtown area, but their injuries were not life-threatening.

Officers did not immediately identify either the driver killed or the two people in the car that was being chased.

Police said that the suspected stolen car accelerated and sped away as soon as an officer in a following patrol car turned on its flashing blue lights.

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Sebastian County Arkansas Deputy Sheriff Adam Colby Jordan Fired Amid Investigation And Charges

June 11, 2007

FORT SMITH, ARKANSAS – A Sebastian County Sheriff’s Office deputy has been fired in connection with a criminal investigation into allegations he furnished prohibited items to inmates, a jail official confirmed Friday.

“We have terminated one of our deputies for bringing in contraband to inmates, but that’s all I can tell you at this time,” said Capt. Mike Conger, administrator of Sebastian County Adult Detention Center.

Conger said the Criminal Investigation Division is investigating, and information might not be available until next week.

However, according to public records, including a jail booking docket and court documents, a jail deputy was recently arrested and charged with a felony.

Adam Colby Jordan, who worked at the Sebastian County Adult Detention Center, was arrested May 30 and booked into county jail on suspicion of furnishing prohibited articles, a Class B felony. He was released on a $5,000 signature bond.

The 12th Judicial District Prosecuting Attorney’s Office filed the charge formally on Tuesday. An information document states that the crime occurred between Jan. 1 and May 31.

Also Tuesday, defense counsel Barry Neal entered an appearance and waived formal arraignment.

Alison Houston, a deputy prosecutor, said the charge against Jordan, 24, carries a possible penalty of five to 20 years in prison and/or a fine of up to $15,000.

Deputy Prosecutor Stacey Slaughter said prohibited articles can be anything the jail prohibits, not necessarily illegal items.

According to a sheriff’s incident report, Jordan told investigators he smuggled tobacco, a cell phone and pills to an inmate in exchange for money. He said he did it because he feared for his safety and the safety of his family, and he was threatened by the inmates. A preliminary investigation indicated inmates requested contraband and told Jordan they would inform on him if he did not comply.

Investigators also interviewed an inmate, who stated he paid Jordan several times to supply tobacco, a cell phone and cold medicine. The inmate said he didn’t threaten Jordan, and the jailer was only interested in the money, according to the report.

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Former Pine Bluff Arkansas Police Officer Ronald Miller Arrested, Charged With Felony Theft

June 6, 2007

PINE BLUFF, ARKANSAS – A former Pine Bluff police officer faces felony theft charges after allegedly falsifying time sheets for his court appearances.

Pine Bluff police officials say they fired Ronald Miller from his position in May after an internal investigation. Prosecutor Steve Dalrymple says Miller received more than $2,500 in pay that he was not entitled to.

Miller, a former patrol sergeant and an 18-year veteran of the police department, surrendered to authorities earlier this week and was released on $1,500 bond.

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Little River County Arkansas Deputy Sheriff Jesse Ricks Accused Of Leaving An Accident Scene After Wrecking Patrol Car Wants Job Back

June 6, 2007

Jesse_RicksLITTLE RIVER COUNTY, ARKANSAS – A former Arkansas law enforcement officer, fired after wrecking a county patrol car, wants his job back. He’s got the support of several people, and some of those supporting him believe Lieutenant Jesse Ricks’ firing was racially motivated.

Ricks was fired after wrecking an unmarked Little River County patrol car he was driving while off duty in another county. He was also previously charged with leaving the scene of the accident and had allegedly been drinking. Sheriff Danny Russle says Ricks also did not report the accident to him.

Sheriff Russle says there are other circumstances related to Ricks’ dismissal that he is not at liberty to discuss at this time.

Jesse_Ricks_car

In the meantime, the NAACP was present for the meeting and will be investigating the racial allegations to determine if they will proceed with other measures to help Ricks.

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New Holly Grove Arkansas Police Chief Resigns After Gunshots Into City Hall, Break In At Police Department, Attempt To Blow Up Police Cars

June 6, 2007

HOLLY GROVE, ARKANSAS – Gunshots, a break-in and the attempted firebombing of two police cars in Holly Grove this weekend has led to the resignation of the town’s new police chief–only days after the city council fired the former chief.

The city council fired former chief Jason Johnston after a string of suspected arsons in the Monroe County town. Now with the new chief gone, Holly Grove finds its two-officer police force unmanned.

Early Sunday morning, the town awoke to find itself vandalized again. Officials say someone broke into a local store owned by Mayor Lula Tyler and the new police department. Officials say someone also fired six shots into the north side of city hall and tried to blow up the town’s two police cars.

The mayor describes the recent vandalism as horrible. Another resident, Wayne Endsley, says, “you’d have to be stupid not to be scared or want any part of it.”

The mayor said she planned to meet with the Monroe County Sheriff’s Department Monday to ask for help.

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NAACP Wasting Effort For Fired Little River County Arkansas Deputy Sheriff Jessie Ricks

June 5, 2007

ASHDOWN, ARKANSAS – ”Justice for Jessie” was the issue of a community meeting Monday night to show support for former Little River Deputy Sheriff Lt. Jessie Ricks, who was fired after wrecking a patrol car in Sevier County. About 75 people attended the meeting in the Little River Training School Alumni Association Brown Center to ask questions about Ricks’ dismissal. He was fired after an investigation into a single-car crash involving an unmarked 2007 Chevy Impala patrol car on U.S. Highway 71 in Sevier County about four miles north of Lockesburg, Ark. “We gave him a chance to resign, and he refused,” Sheriff Danny Russell said in a previous interview with the Texarkana Gazette.

Ricks was fired about 1:30 p.m. May 25. He was previously charged with leaving the scene of the accident and property damage (to the patrol car) on May 17. “He had apparently blown a 0.02, according to Arkansas State Police, on a portable breath test, but the decision was based on all of those things,” Russell said in the Gazette article. In Arkansas, drivers with a blood-alcohol level of 0.08 or higher can be charged with a DWI.

Russell said he was also concerned Ricks did not report the accident to him nor Sevier County. The sheriff did not attend the community meeting Monday night organized by Benjamin Dennis, president of the Texarkana, Texas, chapter of the NAACP. Ricks attended the meeting and sat at a table in front of the audience but said little.

“It’s sad it can’t be resolved. If it was a simple situation, it’s certainly taken some complex turns. The sheriff owes it to the community to explain the firing,” said Dennis. Dennis said a group of citizens met with Russell and Chief Deputy Ken Sutton on Friday about Ricks’ situation. “The sheriff informed us there were circumstances he was not privileged to discuss. We still don’t know why he terminated Lieutenant Ricks. The sheriff said it was the right decision and he was not inclined to change his mind. I asked the sheriff to attend the meeting tonight, but he did not,” Dennis said.

“We asked several pointed questions about the accident and why he terminated Lieutenant Ricks. As a group we tried to deliver the message there were other forms of punishment less than termination,” said Dennis. “The sheriff said Jessie knows the circumstances,” he said. Ricks responded to the remarks by Dennis and said, “I don’t know.”

Kwanza Khalie of Texarkana, Texas, who is helping the NAACP, said a legal fight may be required. If a lawsuit is filed the records will have to be subpoenaed. And then it can be determined how many deputies have wrecked patrol cars and their punishment, said Khalie, who moved from New Orleans, La., about 18 months ago and is a Hurricane Katrina survivor.” “I’m here for justice and justice for Jessie. If the sheriff didn’t ask for the car repairs to be made, something is wishy-washy,” Khalie.

He suggested getting political support for Ricks and bringing more people to the next meeting. “We need to mobilize people both black and white to get justice for Mister Ricks,” said Khalie. Curtis Winfrey Jr. asked Ricks if he wanted the job back and Ricks said, “Yes.”

The next meeting will be 7 p.m. June 18 in the Brown Center. Dorothy Henderson, who served as a moderator, told the audience a letter was sent to Russell asking for a reply within five days after he receives the letter to explain his reasons for firing Ricks.

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Former Crawford County Deputy Sheriff Child Molester John William “Bill” Seamster Jr. Arrested Again

June 5, 2007

CRAWFORD COUNTY, ARKANSAS – A former Crawford County law enforcement officer recently released from prison has been arrested.

John William “Bill” Seamster Jr., 57, of Omaha, Ark., was arrested on March 21 on a warrant out of Crawford County.

Prosecuting Attorney Marc McCune said it is alleged that Seamster did not complete the RSVP sexual offender program while in the Arkansas Department of Correction and has not scheduled the required counseling sessions since his release last month.

Seamster was released from the Crawford County Detention Center on $5,000 bond.

On Feb. 21, 2001, Semaster was sentenced to six years in prison after pleading no contest in Crawford County Circuit Court to two charges of sexual abuse in the first degree resulting from the alleged rape of two children. The former deputy was sentenced to prison on one sexual abuse charge.

Judge Floyd “Pete” Rogers gave Seamster a 10-year suspended sentence on the other count in a plea agreement worked out between the prosecuting attorney’s office and defense attorney Joel Price. McCune said the children approved the plea agreement because they wanted to avoid testifying at trial.

McCune said Seamster was persistently evasive and denied all sexual contact with any victim.

“However, he did state he had a problem in the past about sexual fantasies with children and masturbated to these thoughts, this being 20 years ago,” McCune said.

After taking a polygraph, Seamster admitted to the examiner he lied and did in fact have sexual contact with three minors, McCune said.

“One of those contacts extended over a five-year period,” McCune said, “and some of the offenses took place in his patrol car when employed with the Crawford County Sheriff’s Office.”

McCune said Seamster is classified as a level 4 sex offender, the highest level.

“This was based on his extensive and credible allegations of sexual misconduct involving skilled predation, force, and threats, multiple victims, including both sexes, and engaged in highly intrusive sexual activity with minors, much of it clearly involving misuse of a position of trust and authority,” McCune said. “It was determined that he has a predisposition to predatory sexual violence.”

In March 2000, the children told police that Seamster had sexual contact with them in 1995 when the boy was 10 and the girl was 7. The brother and sister alleged “Officer Bill” Seamster penetrated their bodies digitally and anally. The boy first made accusations against Seamster in 1995.

According to prosecuting attorney’s office records, seven more alleged sexual abuse victims have come forward – some now in their 30s.

According to the children, Seamster lured them into his apartment with free skating passes, movies and games. Once inside, he allegedly triple-locked his door, took them to a back room, pulled off their clothing and forced them to engage in the sexual contact.

Seamster retired from the Crawford County Sheriff’s Office in August 1999 after 25 years with the department.

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Huntington Arkansas Fires Its Only Police Officer Ryan Stephens For Insubordination

June 1, 2007

HUNTINGTON, ARKANSAS – The Huntington City Council fired the town’s sole police officer in a special called meeting May 25.

On Thursday, Huntington Mayor Craig Cotner said Officer Ryan Stephens was terminated for insubordination. The council backed the mayor’s decision in a 3-1 vote. One council member abstained, and one was absent, Cotner said.

Stephens had worked for the 688-population city for four to five years, and the city sent him through the police academy in 2003, Cotner said.

Cotner said the city had received several complaints from residents about Stephens, including several voiced during council meetings.

Asked if any disciplinary action had been taken, Cotner said he’d talked to Stephens several times but never gave him a written reprimand. He declined to elaborate on the nature of the residents’ complaints.

Cotner said the city is an at-will employer.

Huntington is looking to hire another police officer, the mayor said.

Previous plans to hire a reserve officer are on hold, he said, because having a reserve officer requires having someone to supervise that officer.

Cotner said the city has been contacted by Stephens’ attorney.

Stephens could not be reached for comment Thursday; he has no listed telephone number.

Stephens’ attorney, Kevin Ridgley of the Greenwood-based Walters, Gaston and Ridgley law firm, said he sent a letter to the mayor and city attorney, asking that Stephens be reinstated immediately.

If the matter cannot be resolved any other way, Ridgley said, his client will consider a wrongful termination lawsuit.

Ridgley said he was not aware of residents’ complaints about Stephens.

He said his clients’ position is that Stephens was fired in retaliation after asking to have placed on the City Council agenda a request that police equipment in the mayor’s personal possession — badges, firearms, radios and uniforms from previous officers — be returned to the possession of the Police Department.

“It is not the first time something like that happened,” Ridgley said.

Following a dispute over his use of a city-owned car, former Huntington police chief Robert Mikles filed a breach-of-contract lawsuit against the city in April 2004. He was fired in October 2004.

A Sebastian County jury ruled in his favor both for breach of contract and wrongful termination.

In September 2006, the Arkansas Court of Appeals reversed Mikles’ breach of contract award but upheld the wrongful termination award, saying it agreed that Mikles provided substantial evidence he’d been fired in retaliation for filing the breach of contract suit.

Huntington City Attorney Dianna Ladd of the Verkamp and Ladd law firm in Fort Smith and Charleston did not return a call by report deadline.

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Holly Grove Arkansas Police Chief Jason Johnson Fired After String Of Arsons Hits Town, Latest Damages Mayor’s Preschool

June 1, 2007

HOLLY GROVE, ARKANSAS – The police chief in the town of Holly Grove has been fired.

Mayor Lula Tyler says her community has lost confidence in Chief Jason Johnston’s ability to do his job.

The Holly Grove council made the decision to fire Johnston following a series of arson fires in the Monroe County town.

The latest, two weeks ago, damaged a preschool owned by the mayor.

Holly Grove now has only one police officer. Monroe County deputies will provide extra security until a new chief is hired.

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Arkansas Woman’s Bogus Drug Possession Conviction Reversed Based On Unmeasurable Residue

May 30, 2007

LITTLE ROCK, ARKANSAS - The Arkansas Court of Appeals today reversed the drug possession conviction of a Crawford County woman, ruling that methamphetamine residue in a bag wasn’t enough to warrant her arrest.

Judges reversed and dismissed Kathleen Ann Porter’s conviction for possession of methamphetamine by a Crawford County circuit court.

According to the ruling, police went to Porter’s duplex and questioned her after receiving information about drug activity at her home. Porter got upset, said any “stuff” they were looking for was gone. She eventually led officers into a bedroom, where she pulled out a plastic bag and handed it to the detectives. The court noted there was not enough residue to weigh and that no law officer said the woman had a usable amount of the drug. The judges ruled that the amount of the drug found did not constitute possession of a controlled substance under Arkansas law.

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Former Lonoke Arkansas Police Chief Jay Campbell, Sentenced To 40 Years, Moved To Missouri Prison

May 23, 2007

Jay_Campbell2LONOKE, ARKANSAS – The Arkansas prison system has moved the convicted former Lonoke police chief to custody in Missouri to help protect him from other inmates.

Former Lonoke chief Jay Campbell was sentenced to 40 years in prison after being convicted on corruption-related charges. His wife, Kelly Campbell, was sentenced to 20 years in prison after similar convictions. The charges involved allegations of illicit drugs, sex and theft. (See link below picture for more stories on the Campbells.)

Jay Campbell had been held in the Diagnostic Unit in Pine Bluff. Correction Department spokeswoman Dina Tyler says there are inmates that Campbell helped lock up from his time as chief and as a Pulaski County sheriff’s deputy.

Kelly Campbell is in the state prison system’s McPherson Unit in Newport.

The Campbells are appealing their convictions.

They were convicted in a seven-week trial that began in February and included a mistrial of a co-defendant, bail bondsman Bobby Cox Jr.

Trial dates are pending against three others, including a former Lonoke mayor. Sentences were pronounced April 24.

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Jimmy Carter Calls George W. Bush Administration “The Worst In History”

May 19, 2007

WASHINGTON, DC – Arkansas Democrat-Gazette religion editor Frank Lockwood interviewed former President Carter on Friday.

Arkansas Democrat-Gazette Audio Here

Carter called the Bush administration “the worst in history” when it comes to foreign affairs and accused the president of abandoning “America’s basic values.”

The ex-president also accused Bush of erasing the line between church and state and sharply criticized Bush’s war policies, his arms-control stances and his environmental record during the interview. Carter spoke during a telephone interview from the Carter Center in Atlanta.


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Former Fort Smith Arkansas Police Officer Dean Arter Denies Photographing Under Co-Workers Dress – Throwing Camera Phone In The River When Investigators Questioned Her Just A Coincidence?

May 11, 2007

FORT SMITH, ARKANSAS – A former Fort Smith police officer accused of using his cell phone camera to take photos under a female worker’s dress says he threw the phone away when he saw his accuser being interviewed by investigators.

Dean Arter, who resigned from the police force, says he panicked and tossed the phone into the Poteau River in Arkoma. The 48-year-old Arter is charged with misdemeanor harassment.

The worker says that on one occasion in April, Arter came up beside her, dropped a coin, then stooped down to pick it up, and she felt something graze her leg. She says that again in April, Arter tried to take a picture under her dress when she was reading a flier.

Arter denies the allegations.

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Fort Smith Arkansas Police Officer Harold Dean Arter Quits, Tells Investigators He Tossed His Camera-Cellphone In The River

May 11, 2007

FORT SMITH, ARKANSAS – A former Fort Smith police officer suspected of taking unwanted pictures of a female employee with his cell phone camera told investigators he threw his phone into a river, according to court documents.

Harold Dean Arter, who resigned from the Police Department on Monday after being charged with harassment, told detectives on May 1 that he panicked when he saw that his accuser was being interviewed behind closed doors. He said he tossed his personal cell phone into the Poteau River in Arkoma that morning.

According to an offense report filed May 1, the complainant, who works at the Police Department, said two incidents involving Arter, 48, occurred between April 18 and April 30. She was wearing a dress both times and believed he was trying to take pictures under her clothes.

The woman told detectives the first incident happened when Arter came up beside her at her desk, where she was standing while another officer installed a computer. She said Arter was playing with a coin, stepped back and dropped it, then stooped to pick it up. She felt something graze her leg, but said nothing.

In the second incident, the woman said Arter called her into his office to proofread a flier for him. She said that as she stood reading, Arter, who was seated, leaned back and stretched his left arm behind her.

She stepped back and turned, and he quickly put his left hand in his lap. She said he was holding his personal cell phone in that hand.

After detectives David Joplin and Tammy DeMier took the woman’s statement, they visited Chief Deputy Prosecuting Attorney Dan Shue to discuss pressing charges and the possibility of obtaining a search warrant for Arter’s personal cell phone.

“While discussing this with Shue, I was advised that Arter had left the FSPD and his whereabouts were uncertain,” Joplin’s report states.

Upon their return around noon, Joplin and DeMier were shown a memo in which police officer Crystal Davis reported that Arter went to her office, asked her repeatedly what was going on and wondered if he should go home.

Arter arrived back at the station and submitted to a recorded interview with Joplin and DeMier.

According to Joplin’s report, Arter denied taking any pictures.

He said that in the second incident he tried to take a picture “from behind,” but his camera did not work.

When Joplin asked if he had any objections to someone looking at his phone to see if there were photos, Arter said he didn’t have the phone because he threw it in the river.

“He told me that he had just panicked,” Joplin’s report states. “He said that he assumed that she was making some allegations. … I asked him where he threw the phone. He said … in the Poteau River in Arkoma.”

According to DeMier’s report, while the recorder was off briefly, Arter said he felt he had just thrown 18 years away, and that he had “no excuse for what he did other than he is an alcoholic.”

Arter said he suffered depression and was on medication.

The detectives searched Arter’s desk, filing cabinets, locker and city-issued vehicle for his personal cell phone.

Arter was placed on administrative leave pending an internal investigation, which ended when he resigned.

He is set for trial in the state division of Fort Smith District Court on June 14.

Harassment is a Class A misdemeanor punishable by a sentence of up to one year and/or a fine of up to $1,000.

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Former Rogers Arkansas Police Records Clerk Sheila Villalpando Admits Theft

May 11, 2007

BENTONVILLE, ARKANSAS –A former records clerk at the Rogers Police Department pleaded guilty Wednesday to stealing $2,000 from the department’s fine collections in December 2005.

Sheila Villalpando, 35, of Fayetteville pleaded guilty to felony theft of property and was sentenced to up to one year in a regional punishment facility and five years of probation by Benton County Circuit Judge David Clinger.

If she meets all conditions of her sentence, she can have her record expunged under Act 346. She must also complete a life skills program and pay $2,000 in restitution and $1,400 in fines and fees.

An investigation into the theft was launched Nov. 29, 2005, when a bank bag with the money went missing at the police department. The bag was found in a women’s restroom without the cash.

Villalpando didn’t show up for work the next day and turned herself in Dec. 2, 2005.

It was later discovered she was hired despite admitting in an employment interview she stole more than $1,000 in cash and merchandise from former employers.
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In a personal history statement, she admitted taking $900 in cash from one former employer and $200 in merchandise from another former employer — and to using drugs at work.

The personal history statement was in her personnel file, which the department made available to The Morning News.

Her personnel file also contained the results of several failed attempts to verify her previous employment. Four businesses she listed as former workplaces had no record of her employment.

Police Chief Steve Helms had said he was surprised to find the admissions in Villalpando’s personnel file and he didn’t know the circumstances of her hiring because she was hired in 2003 during the tenure of a former chief.

Villalpando is to report June 11 to begin serving her sentence.

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Former Betonvile Arkansas State Trooper Larry Norman Pleads Guilty To Killing Unarmed, Innocent Disabled Man – Faces A Whole Year In Jail

May 11, 2007

BETONVILLE, ARKANSAS – A former Betonville, Ark., state trooper pleaded guilty last week to a negligent homicide charge over the fatal shooting of a mentally disabled man mistaken for a Michigan fugitive last year.

Larry Norman’s guilty plea came days after the Arkansas State Police gave a $1 million settlement check to the family of Joseph Erin Hamley.

“I mistook this young man’s actions as threatening toward me and the other officers and I made the mistake of acting on this misunderstanding, sir,” Norman told Benton County Senior Circuit Judge Tom Keith.

Norman of West Fork, Ark., faces up to a year in the county jail and a fine of $1,000 over the misdemeanor charge. Norman, who is on medical retirement, faces a sentencing hearing June 28.

In pleading guilty, Norman waived his right to a jury trial and the right to appeal.

“The (Hamley) family didn’t want to have to go through a trial,” said Prosecutor Van Stone. “It’s a good way to resolve this particular case, given all the circumstances.”

Several members of Hamley’s family, including his mother, attended last week’s hearing. They declined to speak with reporters.

Hamley, 21, suffered from cerebral palsy. On March 7, 2006, police mistook him for Adam Lee Leadford, 20, an escapee from Michigan who had eluded police for two days.

Norman was one of several officers who responded to a call that the suspected escapee had been spotted. Instead, officers found Hamley, who refused officers’ commands to keep his hands out of his pockets, which his mother later described as a nervous habit.

A grand jury indictment last year showed Hamley was lying on his back at Norman’s direction, but later rolled toward the officer. The indictment said Norman fired his shotgun once from 25 feet, its slug hitting pavement before striking Hamley. The jury said Hamley moaned “I’m sorry” and later, ‘Why did you shoot me?’ “

None of five other officers at the scene fired their weapons, the panel said. The grand jury said Norman fired after being on the scene less than a minute, after ignoring a command to block traffic and driving to the scene at 100 mph with his radio on.

Police captured Leadford later that day at a Wal-Mart in Springdale, Ark., where he sprayed an officer with pepper spray and the officer shot Leadford in the jaw.

Leadford was serving 14 sentences for breaking and entering, resisting arrest and vandalism of buildings and school buses, all in Saginaw County in 2005. His earliest possible release date was to have been Sept. 18, according to a state Department of Corrections Web site.

Cameras mounted on police cars captured some of Hamley’s shooting.

Stone said the images will be made public after the sentencing hearing.

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Veteran Fort Smith Arkansas Police Officer Harold Dean Arter Quits Amid Internal Investigation Into Woman’s Harassment Charge Against Him

May 8, 2007

FORT SMITH, ARKANSAS – A Fort Smith police officer charged with harassment last week resigned Monday after a trial date was set in Fort Smith District Court, a police spokesman confirmed.

Harold Dean Arter, a police corporal and a 17-year veteran of the Police Department, was set for arraignment at 1:30 p.m. Monday on the misdemeanor harassment charge.

According to district court records, attorney Sam “Chip” Sexton III entered an appearance, waived formal arraignment and filed a plea of not guilty on Arter’s behalf.

Arter’s case was set for trial June 14. Harassment is a Class A misdemeanor punishable by a sentence of up to one year and/or a fine of up to $1,000.

Police public information officer Sgt. Jarrard Copeland said Arter, 48, submitted a written resignation around 2 p.m. Monday, effective immediately. He said an internal investigation by the Office of Professional Standards ended with the resignation.

Arter was placed on administrative leave after a female employee filed a complaint with the office on May 1 alleging he had used his camera cell phone to take pictures of her without her knowledge.

Copeland said the separate criminal investigation into the woman’s harassment complaint ended when investigators turned over their findings to the Sebastian County prosecutor’s office.

“The criminal investigation revealed that a violation did take place and a warrant was issued,” Copeland said.

After an arrest warrant was issued May 2, Arter turned himself in to the Sebastian County Sheriff’s Office. He was booked and released on a $1,000 signature bond.

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Stuttgart Arkansas Police Officer Kenny Witt Fired After Making Up Story About Police Chase And Firing His Gun At… Nothing.

May 4, 2007

Kenny_WittSTUTTGART, ARKANSAS – A Stuttgart police officer has been fired after making up a story about a police chase and firing his weapon at what he says was a suspect. Now the officer in question, who suffers from post traumatic stress disorder, isn’t so sure about what he saw and is apologizing.

The former officer, 25-year-old Kenny Witt is an Iraq war veteran. He serves with the Arkansas National Guard’s 39th Infantry Brigade. For eight months, he was in the middle of combat in Baghdad.

Witt thinks some of those experiences are to blame for what happened on April 27 in Stuttgart. Early that morning Witt, a Stuttgart police officer at the time, started pursuing a black truck that didn’t have taillights. He never caught up to it, and eventually stopped his car and got out to continue searching.

Witt says, “I perceived danger when I exited my vehicle and I fried my weapon but I don’t think there was anything there, but I do believe there was a truck there.”

Several agencies were called out in the middle of the night to help Witt. After hours of searching for a suspect, it was then according to Stuttgart Police Chief Mike Smith, that Arkansas State Police determined the whole thing was a hoax.

Smith fired Witt that day. The chief says Witt was a good officer, but that type of behavior won’t be tolerated in Stuttgart.

Witt says after the shooting, he quickly realized his mind may have been playing tricks on him and several hours later gave a statement to investigators that the suspect may have never existed.

Witt says, “I’m unsure of myself. I know I don’t need to be an officer right now, but I want to be an officer. I served my country, now I want to serve my community. I think right now I need some time to deal with what I got going on in my life.”
The end result is Witt’s career with the Stuttgart Police Department is now over.

Witt says he fired a total of seven rounds into the darkness while fearing for his life. He has filed for unemployment and already has appointments set with counselors at the VA.

He is scheduled to return to Iraq later this year with the Arkansas National Guard.

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Jackson County Arkansas Deputy Sheriff Jim Neeley Under Investigation And Unemployed

May 4, 2007

Jim_NeeleyJACKSON COUNTY, ARKANSAS – A Jackson County Sheriff’s Department Investigator now finds himself under an investigation as well as unemployed.

Jim Neeley of Tuckerman was relieved of his duties at the department late last week, by Jackson County Sheriff David Lucas.

According to Lucas, Neeley was terminated from his position for conduct unbecoming of an officer, a charge which Neeley refutes.

Neeley’s termination comes on the heels of an investigation by the Arkansas State Police – on Lucas’s request – concerning the officer.

Lucas noted that he received a complaint on the evening of Thursday, April 19 which alleged misconduct on Neeley’s part.

Upon receiving the complaint, Neeley was placed on administrative leave – with pay – on April 20, pending an investigation.

On Monday, April 23, Lucas contacted the Arkansas State Police Criminal Investigation Division asking them to conduct an investigation, due to the fact that an internal investigation could be a conflict for the Sheriff’s Department.

According to Lt. Dickinson of the Arkansas State Police CID, the investigation is currently open and will remain as such until Third Judicial District Prosecutor Henry Boyce has had time to review the results of the initial investigation and determine whether criminal activity has taken place.

In a statement to the Newport Independent, Neeley said, “At no time did I ever mean to cause the Jackson County Sheriff or the people of Jackson County any embarrassment. I am proud that I got to serve the community in my capacity as a law enforcement officer in the time that I did.”

When contacted by the Independent, Lucas had no further comment.

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Trigger-Happy Arkansas State Police Trooper Larry Norman Shoots And Kills Disabled Man Who Had Toy Balls, Pleads Guilty To MISDEMEANOR Negligent Homicide – Stay Tuned For Upcoming Tiny Slap On The Wrist

May 4, 2007

BENTON COUNTY, ARKANSAS – A judge will decide next month if a former Arkansas State Police trooper should go to jail for shooting and killing a disabled man.

Larry Norman, 41, an 18-year police veteran from West Fork, pleaded guilty to misdemeanor negligent homicide in the death of Joseph Erin Hamley, 21, of Springdale.

Norman faces up to a year in the county jail and a $ 1, 000 fine. Benton County Circuit Judge Tom Keith will sentence Norman on June 28.

Norman shot Hamley on March 7, 2006, along U. S. 412 in Benton County, believing he was a fugitive reaching for a gun.

A grand jury’s report states all Hamley had in his pockets were toy balls. He had cerebral palsy and was mentally disabled.

“I mistook this young man’s actions as threatening toward me and the other officers,” Norman said Thursday in court. “I made the mistake of acting on this misunderstanding.”

Prosecuting Attorney Van Stone said Norman’s “open plea” calls for Keith to decide punishment, rather than the prosecution and defense agreeing beforehand on a recommended sentence.

“It seems like the best resolution for everyone,” Stone said. “The family doesn’t want a long, drawn-out trial. They’re satisfied that Larry Norman stood up there today and admitted guilt. They like the idea of putting the decision in Judge Keith’s hands.”

Keith ordered a pre-sentencing investigation that will address Norman’s character and his work history.

Norman was a Fayetteville police officer for 11 years before joining the state police at Troop L in Springdale in 1999. Records from both jobs show Norman was a good officer who had no major reprimands.

He retired in August, claiming a medical disability.

The pre-sentencing investigation also will address the Hamley family’s wishes, Stone said.

Hamley’s mother, Mary Hamley, had no comment after Thursday’s hearing but will testify June 28. Several of Erin Hamley’s eight siblings will testify, too.

On Tuesday, the Arkansas State Police paid a $ 1 million settlement to Erin Hamley’s estate.

A probate case in Washington County Circuit Court distributing the money is sealed.

Bud Hamley, one of Erin Hamley’s brothers, said some of the settlement money will fund a $ 500 scholarship awarded each May to a “special needs” student at Springdale High School.

“Erin was a Springdale Bulldog, and he loved that school,” Bud Hamley said Thursday. “This is a way to remember him.”

Sandra Daniels, a friend of the Hamley family, talked about Erin Hamley after Thursday’s hearing.

He was sweet natured but slow, she said. He couldn’t write his name, and he fiddled with marbles in his pockets when he was nervous.

“Erin wouldn’t hurt a fly,” Daniels said. “The judge should throw the book at” Norman.

The grand jury said Norman took for granted that Hamley was a fugitive, disregarded instructions by a fellow trooper already at the scene, then fired his shotgun when Hamley didn’t comply quickly or correctly enough.

The officers thought Hamley was Adam Lee Leadford, 18, who had escaped from a Michigan prison boot camp and had been spotted in Northwest Arkansas.

Norman said he was parked at Blockbuster Video on Sixth Street in Fayetteville and heard police being dispatched to U. S. 412 to check on a man who resembled Leadford, according to the grand jury report.

He sped at more than 100 mph to get there, the report states. He had a “gut feeling” the man was Leadford, he said, and that “there would be a problem,” the report states.

When he arrived, Norman disregarded instructions from the trooper in charge to block traffic. Instead, he grabbed his shotgun and took cover behind his car.

The officers shouted commands, but Hamley didn’t comply. He raised and lowered his arms three times, sat down and then lay on his back.

When Hamley began moving his right arm toward his left side, Norman fired, the report states. The other officers retreated.

The slug hit the pavement, then grazed Hamley’s arm and pierced his body.

He was pronounced dead at Northwest Medical Center in Springdale.

That evening, Springdale police shot and wounded Leadford after a car chase that ended at the Wal-Mart Supercenter in Springdale.

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Fort Smith Arkansas Police Officer Dean Arter Faces Harrassment Charge After Cellphone Picture Of Female Department Employee

May 2, 2007

FORT SMITH, ARKANSAS - A police officer in Fort Smith faces allegations of harrassment.

Fort Smith Officer Dean Arter turned himself in on Wednesday afternoon. Officials said he was arrested on suspicion of harrassment after a female employee filed a complaint saying Arter used his camera phone to take pictures of her without consent.

Police representatives said they take the allegations very seriously.

Arter is under administrative leave until an internal investigation is completed.

“She was here at work, and the officer who’s alleged to commit this crime as it is was in close proximity to her, dropped something on the floor, bent over to pick it up, and at that time, she felt something brush up against her leg. She felt like he had taken a picture,” said Fort Smith police spokesman Jarrard Copeland.

Arter is out of jail on a $1,000 signature bond.

Police said the internal investigation should wrap up by the end of the week.

Officers said Arter should be arraigned in a few days.

If convicted of harrassment, Arter could face up to a year in jail and a $1,000 fine.

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Former Baxter County Arkansas Deputy Sheriff David Paul Pleads Not Guilty After Microphone Found In Neighbor’s Apartment

May 2, 2007

BAXTER COUNTY, ARKANSAS – A former Baxter County deputy who is charged with harassment and criminal mischief pleaded not guilty Tuesday in court.

David Paul, 35, of Mountain Home appeared in Baxter County District Court on the misdemeanor charges. His next court date is June 5, according to the clerk’s office.

Paul was arrested in April for allegedly putting a listening device through his apartment ceiling into his neighbor’s upstairs apartment, authorities said.

Paul, who had worked at the sheriff’s office for 3 1/2 years, was fired from the sheriff’s office the day the microphone was discovered. Police did not release a motive for the alleged incident.

Authorities said Paul installed the computer-type microphone in February, and the upstairs neighbor discovered it two months later.

When Paul agreed to be interviewed at the city police department that day, an officer saw him pull out the base to a computer microphone from beneath his bulletproof vest, police said.

After police searched Paul’s apartment, they allegedly found a portion of the broken microphone cord in a trash can, police said.

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No Appeal Bond For Convicted Lonoke Arkansas Police Chief Jay Campbell And Wife

May 2, 2007

LONOKE, ARKANSAS – After a week in prison, former Lonoke Police Chief Jay Campbell and his wife Kelly thought they’d be freed on bond and back home in Lonoke Tuesday afternoon, reunited with their three children.

Instead, they were locked in Lonoke County Sheriff’s Office patrol cars and transported back to prison to continue serving lengthy prison terms. In their wake, they left stunned and sobbing relatives in the parking lot of the Cabot City Annex.

The sudden change in their expectations occurred when Special Judge John Cole vacated his own April 24 ruling that the Campbells were eligible to be free on appeals bonds—he on a $200,000 bond, she on a $100,000 bond.

Getting into the patrol car, Jay Campbell said he couldn’t go back to prison, so for security purposes, a second deputy rode in the car. He arrived back at the Corrections Department without incident.

Jay Campbell is assigned to the Diagnostic Unit at Pine Bluff, and she’s at the McPherson Unit at Newport.

An unsuspecting Kelly Campbell had entered the courtroom wearing a big smile, handcuffs and bright prison whites.

But the smile vanished from her face when Cole ruled that he had been in error last week when considering only the flight risk while determining that the Campbells could be freed on bond. Tuesday he said he was not convinced they didn’t pose other sorts of risks.

Defense attorneys have speculated that it would take 18 months to get the appeal before the state Supreme Court—seven months alone for the court recorder to transcribe the two-month-long trial.

Until 9:30 a.m. Tuesday, the Campbells had expected to be free during that year and a half.

Jay Campbell is sentenced to a 40-year term for running an ongoing criminal enterprise, conspiracy to manufacture methamphetamine and 21 other charges including several residential burglaries and several counts of receiving of a controlled substance by fraud.

Unless his case is overturned on appeal, he’ll serve at least 10 years in the state Correction Department.

Kelly Campbell is sentenced to 20 years for 26 convictions including several residential burglaries and several charges of receiving a controlled substance by theft. With good behavior, she could be out in about three years and four months.

Cole informed Lonoke County Prosecutor Lona McCastlain and defense lawyers Patrick Benca and Mark Hampton at 2 p.m. Monday that he would not allow the Campbells to be freed on bond, but neither defendant knew that until arriving at the temporary circuit courtroom in Cabot.

“I’m happy,” said McCastlain. “I think the people will be pleased that justice was served and the appeal bond denied.”
Both Campbells tested positive for drugs in urinalysis, McCastlain told the court, but since Cole ruled they were not eligible for bond under Rule Six of the Arkansas Code, she did not call the witnesses to establish that the couple had drugs in their system.

McCastlain said Jay Campbell tested positive for hydrocodone and that Kelly’s urine revealed the presence of opiates, cocaine and methamphetamine.

Benca told the court that his client, Jay Campbell, had a prescription for the drug in his system.
In the emotional aftermath of Cole’s ruling, Kelly Campbell glared at McCastlain.

McCastlain dismissed her behavior later, saying it was a reasonable reaction to the sudden change in expectations and loss of liberty.

Cole also denied Benca and Hampton’s challenge of his appeal-bond ruling and their motions for mistrials and retrials.
Benca argued that since Kelly Campbell was found innocent of participating in a continuing criminal enterprise with her husband, that Jay Campbell’s guilty verdict on that count must be set aside.

Cole denied his motion.

He did relieve both attorneys of the responsibility of further defending their clients during the appeals process and also ruled that both Campbells were indigent and that he would appoint them new lawyers.

Benca said it was probable that new lawyers for the Campbells would challenge Cole’s ruling on the appeals bond within the next 30 days.

The indigency ruling also meant they would not have to pay the estimated $70,000 to have the trial notes transcribed.
Jay Campbell’s easy smile, decreasingly evident over the past few court appearances, surfaced only briefly for his mother. Otherwise, he sat in quiet concern.

Waiting for the hearing to begin, the gallery behind the prosecutors’ table was chatty and festive. It included at least one victim of the Campbells, one jury member and some of McCastlain’s staff.

In stark contrast, across the aisle and behind the defendants and their attorneys, somber family members and a former co-defendant sat quietly, some crying and hugging. The families knew what Jay and Kelly Campbell did not—that they were headed back to prison—but relatives couldn’t reach them in prison.

“Until (new inmates) have an account and a phone list, they don’t have phone privileges,” according to George Brewer, a Correction Department spokesman. “We don’t set that up during intake.”

One former juror, who last week complained in tears to McCastlain that the system didn’t work and that the jury had expected the Campbells to go straight to jail two weeks ago, when they were convicted, was all smiles Tuesday when the judge ruled the Campbells were not eligible for bond.

Speaking for the first time to the press on the condition of anonymity, the woman said the jurors were appalled by Campbell’s breach of trust and abuse of his position.

That’s why they gave the maximum penalty on almost every count. But, she said, the Campbells were young enough to learn and perhaps earn redemption, so they recommended the judge run the sentences concurrently.

Also happy to see Jay Campbell in prison was Linda Ives, who has long held that he and another lawman killed her son Kevin and another teenaged boy 20 years ago and left their bodies on a Saline County railroad track, where they were struck by a train.

She said Campbell’s high-placed friends were no longer able to protect him. “None of this is new,” she said Tuesday.
“It’s not fair. She didn’t get to come home today,” said Tammy Crow, Kelly Campbell’s sister. “We’ve had no contact with her.”

Crow is the primary custodian of the Campbells’ three children while their parents are in prison.

Crow, her mother Caroline Hoagland, and two other sisters huddled and hugged after Kelly Campbell was driven off.
“We’re a strong, close family and we’ll get through this,” she said. “We’re trying to be strong for Kelly and the children,” she said.

Benca said Campbell needed a new attorney for the appeal, someone who wasn’t so close to the case and someone who could argue, if necessary, that Benca did a poor job of representing the former chief.

Hampton asked to be replaced because he’s not an appeals attorney.
“I have approved (Pulaski County Prosecutor) Larry Jegley as (Larry) Norwood’s special prosecutor,” Cole said in a related matter. Norwood, a bail bondsman, was at one time a codefendant in the Campbell case and is charged with conspiracy to manufacture methamphetamine with Jay Campbell and fellow bail bondsman Bobby Junior Cox.

There was testimony in the Campbell trial that Cox, then a codefendant, solicited Ron “Bear” Tyler to kill McCastlain and also witness Ryan Adams, the meth cook.

While currently neither Cox nor Norwood is charged with soliciting capital murder, Jegley instead of McCastlain will handle their charges. McCastlain is an alleged intended victim.

Jegley could not be reached for comment Tuesday and it was uncertain whether the two bail bondsmen would be tried together, and also whether or not he expected to charge one or both Cox and Norwood with solicitation of capital murder charges.

Cole will be the judge not only for charges against Cox and Norwood, but for former dispatcher Amy Staley’s charge of having sex with inmates and former Lonoke Mayor Thomas Privett’s misdemeanor theft-of-services trial for having Act 309 inmates hang his Christmas decorations and repair an air conditioner at his home.

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Stuttgart Arkansas Police Officer Kenneth Witt Fired After Bogus Chase, Shooting Story, And Multi-Agency Manhunt

April 30, 2007

STUTTGART, ARKANSAS – The Stuttgart Police Department has fired one of its officers after he allegedly made up a story about being involved in a chase and shootout last week.

Police Chief Mike Smith said patrolman Kenneth Witt was fired Friday afternoon after reporting being involved in a fictional pursuit earlier that morning. Witt had said he pulled over a dark-colored truck for a traffic stop at 4 a.m. when the driver started a chase and shot at him, Smith said.

Witt, a two-year veteran of the department, had told others he never got close enough to read the license plate number on the truck, according to police.

“The shooting didn’t happen,” Smith said.

After Witt’s initial report, three different police agencies responded, using dogs to search for the suspect the patrolman described. After receiving a call from the Arkansas State Police informing him the incident was a hoax, Smith said Witt already had his badge ready to turn in.

Smith did not offer a reason why Witt made up the chase and shooting.

As of Monday, no charges have been filed against Witt over the incident. Prosecutor Robert Dittrich said he would review the case and will decide whether charges will be filed.

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State Supreme Court Says Arkansas State Police Trooper Dennis Simons Should Be Shielded From Lawsuit For Sexual Assault Of Motorist During Traffic Stop

April 28, 2007

WEST MEMPHIS, ARKANSAS – The Arkansas Supreme Court says a state police trooper accused of groping a suspect should be immune from a lawsuit because there wasn’t enough evidence to show he broke the law.

The court also found that the trooper should be shielded from such a suit because the alleged incident happened on the job, and state employees can’t be sued in that capacity.

Arkansas State Police Trooper Dennis Simons was sued after the passenger of a car he’d pulled over accused him of groping her during the traffic stop. Simons filed a response saying he was immune from the suit because of a state statute shielding state employees from lawsuits except for “malicious acts or omissions.”

Phillips County Judge L.T. Simes II refused to dismiss the suit. On Thursday, the state Supreme Court overturned Simes’ decision, saying the plaintiff hadn’t shown that Simons violated any laws.

“Her conclusion that this search was sexual in nature is nothing more than that, a conclusory allegation,” Associate Justice Donald L. Corbin wrote in the unanimous opinion. “As such, it is insufficient to establish that Simons consciously violated any existing law.”

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Presidential Candidate Mike Huckabee’s Son Arrested With Gun At Arkansas Airport

April 27, 2007

LITTLE ROCK, ARKANSAS — David Huckabee, son of Republican presidential candidate Mike Huckabee, was arrested at Little Rock’s airport Thursday after a federal X-ray technician detected a loaded Glock pistol in his carry-on luggage.

“I removed the bag and asked Mr. Huckabee if he knew what he had in the bag,” Little Rock police officer Arthur Nugent wrote in a report after being summoned to a security checkpoint. “He replied he did now.”

Huckabee, 26, later pleaded guilty in Little Rock District Court after being charged with a misdemeanor count of possessing a weapon in a prohibited place.

“It was a silly mistake,” Huckabee told reporters as he left the Pulaski County Jail. When asked whether it would affect his father’s presidential campaign, Huckabee responded, “It shouldn’t.”

District Judge Lee Munson gave Huckabee a one-year suspended jail sentence and ordered him into 10 days of community service — which Huckabee can avoid by paying $100. Huckabee will be on probation for a year. Fines and costs totaled $855.

The son of the former Arkansas governor held a concealed weapons permit at the time of the incident but state police are taking steps to revoke it. The elder Huckabee, who said last week Virginia Tech gunman Seung-Hui Cho perhaps could have been stopped if a teacher or student had also been armed, also has a concealed weapons permit.
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“My wife and I love our son. What he did was irresponsible but not intentional,” Mike Huckabee said in a telephone interview with The Associated Press. Mike Huckabee said his son grabbed the bag on the way to the airport and didn’t realize the gun was inside.

“It’s one of those stupid things,” Mike Huckabee said. “He knows better.”

Nugent said David Huckabee had a .40-caliber Glock pistol in his black carry-on bag. Eight live rounds were in the gun — none in the chamber — and a nine-round clip was also in the bag. The weapon and ammunition were detained by Little Rock police while David Huckabee’s gun permit was seized and given to the Arkansas State Police.

Little Rock Police Lt. Terry Hastings said it is not unusual for people to forget they have a gun in their carry-on luggage.

“He just forgot it was there,” Hastings said.

A Transportation Security Administration worker at Little Rock National Airport summoned Nugent after seeing the image of a gun on an X-ray machine. Nugent checked the bag and found the gun and ammunition.

Neither Sari Koshetz, a TSA spokeswoman in Miami, nor Little Rock police knew where Huckabee was heading when arrested.

Koshetz said any interruption of security checks for other passengers would have lasted only a moment. She said Huckabee — whom she declined to identify by name — was cooperative and that other passengers were not endangered by the incident.

In addition to the criminal charge, TSA can seek separate civil penalties of up to $10,000, Koshetz said.

“In any situation like that, we will investigate the situation and determine whether civil penalties will be imposed,” Koshetz said.

The Arkansas State Police suspended Huckabee’s concealed-weapon permit and once it receives word from the court about the guilty plea it will convert the suspension to a permanent revocation. Because people are barred from holding a concealed-gun permit if they have a weapons-related violation on their record from the previous five years, it will be 2012 before Huckabee can reapply, state police spokesman Bill Sadler said.

In 1998, Huckabee was among two boys fired from a Boy Scout camp after a stray dog was killed after wandering onto camp property. Huckabee, 17 at the time, said the dog appeared ill; no charges were filed. The elder Huckabee said then that politics was behind the dog-killing accusation.

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Lonoke Arkansas Police Chief Jay Campbell Begins His 40 Year Prison Sentence, Wife Begins Her 20 Year Sentence

April 25, 2007

LONOKE, ARKANSAS – Jay Campbell, the disgraced former Lonoke police chief, spent the first night of a 40-year prison sentence Tuesday night in a cell at the Correction Department’s Diagnostic Unit at Pine Bluff , while his wife Kelly was transported to the McPherson Unit, a women’s prison, at Newport to begin her 20-year sentence.

Special Circuit Judge John Cole Tuesday formally imposed the exact sentences recommended last week by the jury, but at least one of the jurors, who returned for Cole’s sentencing, told the prosecutor that the justice system didn’t work—that she had expected the Campbells to go to prison last week after the jury made its recommendation.

That jury recommended the maximum sentence for all but one of Jay Campbell’s 23 convictions and all but two of Kelly Campbell’s 26 convictions.

In all, his sentences would have added up to 315 years and hers to 304 years, but the jury recommended that all sentences run concurrently—at the same time.

With good behavior, Jay Campbell could be released after 10 years, Kelly Campbell after three years and four months.

Over the strenuous objection of Prosecutor Lona McCastlain, Cole ruled the Campbells were eligible for release on bond after their appeals are filed.

“They were in a position of trust,” said McCastlain. “They were leaders and community members and they will be going to church and see them every day. It’s a slap in people’s faces for them to go about their business like every other person.

“These people are trying to put their lives back together,” she said, referring to the victims.

“Why do you think more victims didn’t come forward?” she asked. She asked that the judge issue a no-contact order to keep the Campbells away from former friends and victims.

Kelly Campbell’s lawyer, Mark Hampton, has already filed a new motion for a directed verdict of not guilty and asked for a new trial.

“This case is full of more errors than any 10 cases I’ve seen combined,” Hampton said.

He said he believed that Patrick Benca, Jay Campbell’s lead attorney, would file a similar motion this week. Then Cole will hold a hearing, perhaps next Tuesday, according to Hampton, on the motion for a new trial. If the judge rules no new trial is in order, then Hampton and Benca could file notice of intent to appeal, at which point the Campbells would be eligible to bond out if they can raise the money.

Each Campbell had been held on a $50,000 bond, but Cole raised Jay Campbell’s bail to $200,000 and Kelly Campbell’s to $100,000.

Deputy Prosecutor Stuart Cearley argued that if the Campbells could afford those bonds, that they must not be indigent and eligible for continued court-ordered representation by these lawyers.

Prison spokesman Dina Tyler said she didn’t remember having another former police chief in the prison population, but she said, “He won’t be the first lawman we’ve had.”

Campbell will be in a cell alone during processing at the diagnostic center, where prison officials decide where to house a prisoner, Tyler said.

After that, he could be placed in administrative segregation or protective custody, she said.

“Another option is the interstate compact agreement among states,” she said. If necessary, he could be moved to another state.

At McCastlain’s request, the Campbells were ordered to undergo drug-urine screens, but Kelly Campbell, who is convicted of repeatedly stealing prescription drugs, reportedly was unable to urinate at the Cabot Annex bathroom.

Hampton said he was confident the only drugs to be found in her urine screen would be her multiple-sclerosis medication.

“Her MS has flared up,” he said. In his motion, filed Friday, Hampton said he asked for “every sort of relief.”

He said he was preserving the record on all issues for appeal.

The prosecutors drew a picture of the Campbells as a team that preyed on friends, fellow church members and people in ill health or recovering from surgery. Jay Campbell, a charming and likable man by all accounts, would routinely visit with them while his wife rummaged through kitchen or bathroom cabinets for prescription narcotics.

Charles McLemore, the State Police investigator who compiled most of the information that led to the Campbell’s arrests, said he would retire in October and that this may have been his last investigation.

“It was almost two years,” said McLemore, calling it the worst abuse by a lawman in his 12 years as a lawman.

“It’s good to go out on a victory,” he said.

Jackie and Donna Moore, who were prosecution witnesses, victims and former friends of the Campbells, attended the sentencing, but had no comment.

Roger Light, the former firefighter and methamphetamine user who testified regarding Jay Campbell’s charge of conspiracy to manufacture methamphetamine, sat in the courtroom for the formal sentencing. He said the judge and jury got it right.

Before her sentencing, Cole asked Kelly Campbell if she had anything to say. “No, your honor.” He then sentenced her to 20 years of each of nine residential burglaries, 10 years for each of nine charges of obtaining a controlled substance by theft and various other charges.

Jay Campbell was sentenced to 40 years as the kingpin of a continuing criminal enterprise, 30 years for conspiracy to manufacture methamphetamine, 20 years for each of six counts of residential burglary, 10 years for each of seven counts of obtaining a controlled substance by fraud and various other drug or theft related charges.

Benca told the judge that he was concerned about the reason that one juror was excused from the trial and wanted to question that juror prior to filing an appeal.

Still to be tried in connection with this case are former Lonoke Mayor Thomas Privett, charged with misdemeanor theft of services for having Act 309 jail trustees hang his Christmas lights and work on a faulty air conditioner; former dispatcher Amy Staley, charged with having sex with an inmate; bail bondsman Bobby Junior Cox, accused to conspiracy to manufacture methamphetamine, participating in an ongoing criminal enterprise and intimidating a witness, and bail bondsman Larry Norwood, charged with conspiracy to manufacture methamphetamine.

Ron (Bear) Tyler, a prosecution witness, testified in the absence of the jury that Cox had solicited him to kill the prosecutor and a witness and that Norwood was involved as well, but so far no additional charges related to that solicitation have been filed against the bail bondsmen. Linda Ives, whose son Kevin was one of two teenagers found dead on the tracks after having been struck by a train nearly 20 years ago, greeted the Campbells and court watchers with a placard and her son’s picture at about 8 a.m. in the parking lot.

Various conspiracy theorists have linked the boys’ deaths to Jay Campbell, former Saline County Prosecutor Dan Harmon and to then-Gov. Bill Clinton.

Officially that case has never been solved. Campbell won a civil case, clearing his name.

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Saline County Arkansas Deputy Sheriff Ed Clements Shooting Incident In IHOP Bathroom Ruled An Accident

April 25, 2007

SALINE COUNTY, ARKANSAS – Saline County Sheriff Phil Mask has admonished a member of his department and ordered the officer to attend firearms safety training following an incident three weeks ago at the International House of Pancakes restaurant in Benton. Mask’s office issued a statement Monday on the investigation by his department of the shooting incident involving Cpl. Ed Clements in the men’s restroom at IHOP on April 2.

The restaurant is located at 17821 Interstate 30.

The release stated:
“On April 2, 2007, an incident occurred at the IHOP in Benton involving Corporal Ed Clements and Reserve Deputy Lee Howell. During the course of eating lunch, Cpl. Clements used the men’s room. Due to the type of holster Cpl. Clements was wearing at the time, he removed the weapon [a Glock 40-caliber pistol] from the holster and placed the weapon by the trigger guard on a coat hook inside the stall. When he removed the weapon, he inadvertently discharged the weapon. The bullet went into the ceiling and lodged into the wooden beam. Deputy Howell then entered the men’s room and Cpl. Clements told him what happened. In order not to further alarm the patrons or staff, Deputy Howell told a waitress that a toilet seat slammed down. However, Cpl. Clements spoke with the [IHOP] Area Manager [Gregg Anderson] outside and he told him the truth. Both deputies stayed on the scene until Captain Jason Massey arrived. Cpl. Clements was embarrassed by the dangerous situation, but at no time did he attempt to leave.”
Massey and Clements then went into the restaurant and discussed the incident with Anderson, the release stated. The area manager said he was not upset about Clements’ behavior after the incident and told the officers that all he needed was a report to turn in to his company, the statement said. He told them that he had called a repair company to come and assess the damage. Clements told him that he would make restitution for the damage to the ceiling and later did so, according to the release.
Massey and Clements then went to the men’s room and “looked at the small hole in the ceiling.”
The incident was turned over to “a detective” for investigation, the sheriff stated. The detective confirmed Clements’ report of the incident and the file was turned over to the Internal Review Board, which reviewed the incident and recommended to the sheriff that no action be taken against Clements.
Because of the severity of the incident, however, Mask issued a letter of admonishment to be placed in the deputy’s file and ordered him to attend a firearms safety course, the release stated.
At the time the incident occurred, the sheriff’s department would not comment. A representative said the incident was under investigation and that nothing would be released because the sheriff was out of town. Massey later reported that Mask was on a family vacation in California.
Massey had not returned a phone call from the Courier by press time this morning. A representative answering the phone at the sheriff’s office said “everyone on the staff” was in a meeting when a reporter called.

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Former Lonoke Arkansas Police Chief Sentenced to 40 Years In Prison, Wife To 20 Years In Prison

April 24, 2007

CABOT, ARKANSAS - A former police chief and his wife were sentenced to prison Tuesday on numerous convictions in a corruption investigation involving drugs, jewelry and sex, but a judge said they could be released on bond during their appeals.

Special Circuit Judge John Cole followed jury recommendations and sentenced Jay Campbell to serve a total of 40 years in prison and his wife, Kelly Campbell, to a total of 20 years.

The Campbells were convicted in a trial that began in February and included a mistrial of a co-defendant, bail bondsman Bobby Junior Cox. Trial dates are pending against three others, including a former Lonoke mayor.

In all, the judge sentenced Jay Campbell to 315 years in prison for convictions on 23 counts, including a charge that he ran a criminal organization to obtain drugs and jewelry. Kelly Campbell was sentenced to 303 years in prison on 26 convictions, plus she was ordered to serve 20 years and one month probation. The judge ordered the sentences to run concurrently, making for the 40- and 20-year terms.

The Campbells showed no emotion while they stood before the judge for sentencing and they made no comments. They declined to answer questions from reporters as they left the courthouse in handcuffs.

Both were being held in Arkansas Department of Correction units Tuesday evening. Kelly Campbell was being held at the McPherson Unit in Newport and Jay Campbell was sent to the state prison system’s diagnostic unit in Pine Bluff.

The judge set a $250,000 bond for Jay Campbell and a $100,000 bond for Kelly Campbell, to go into effect when their lawyers file notice of appeal. As part of their bonds, they are to undergo drug testing.

Prosecutor Lona McCastlain said she was pleased the judge agreed with the jury in sentencing the Campbells but disappointed the Campbells could be free on bond. She said the appeal bonds were “a slap in the people of Lonoke’s face.”

“They’re walking off and going back with their lives while this appeal goes on,” McCastlain said. “If they were average criminals that would not have happened. If they were average criminals they would be in the pen while their attorneys filed their appeals.”

Before the Campbells were sentenced, McCastlain argued against the bonds and said releasing the couple would cause pain to the victims who would have to see them every day in the community.

“They’re going to go about their daily business in the face of their victims,” McCastlain said. “They’re going to be going to the same church as these victims every day.”

Patrick Benca, an attorney for Jay Campbell, said Jay Campbell had not posed any flight risk during the trial and had met all of the conditions of his release.

Several people sitting in the courtroom groaned loudly when Cole approved the appeal bonds for the couple.

Benca said he would ask the judge for a new trial and would not file an appeal until after the court rules on the request. Kelly Campbell’s attorney, Mark Hampton, filed a similar motion Monday and said he would wait to file his notice of appeal.

Hampton said a hearing was scheduled next Tuesday on his motion for a new trial.

“This case is full of more errors than any 10 cases I’ve seen combined,” Hampton said.

The Campbells originally were accused of conspiring as part of a criminal organization to obtain drugs, money and jewelry illegally and to obtain construction labor and sex from state prisoners.

Prosecutors sought to portray Jay Campbell as running his department as a king above the law and willingly ignored the claim that his wife having a sexual relationship with an inmate.

But during the trial, the judge dismissed two charges against Kelly Campbell that accused her of having sex with Lonoke jail inmates. She also was acquitted by the jury of taking part in a criminal organization with her husband and others.

Also in the case, former Lonoke Mayor Thomas Privett was charged with misdemeanor theft; former Lonoke Police Department dispatcher Amy Staley faces counts of engaging in a continuing criminal organization and third-degree sexual assault, and bail bondsman Larry Norwood was charged with conspiracy to manufacture methamphetamine. Their trials are pending.

In a motion filed Monday afternoon, Hampton argued several reasons for a mistrial in Kelly Campbell’s conviction. Among other points, the brief argued that allegations of her sexual contact with prisoners “contaminated the minds of the jurors to the point that they were not able to separate the evidence of the sexual allegations from the other charges.”

During Tuesday’s hearing, Cole mentioned he had been contacted by one of the jurors over the weekend. McCastlain afterward said that Cole told the attorneys Saturday night about the juror, who had expressed “remorse” about the verdict.

“This happens from time to time, and that doesn’t really concern me. Remorse happens. When you get out and read the paper and see the newscasts, it’s easier for that to happen,” she said. “Once that jury is released, that really doesn’t cause me much concern.”

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Arkansas Highway Police Officer Michael Partain Charged with DWI And Hit-And-Run After Drunken Wreck In West Memphis

April 14, 2007

WEST MEMPHIS, ARKANSAS -Dwayne Boatwright can’t forget what happened to him just before 3:00 Monday afternoon. His wrecked Buick shows the damage he says was caused by an Arkansas Highway Police Officer at the intersection of Missouri Street and Dover in West Memphis.

“We saw him coming when he made that turn. I told my wife he gonna hit that pole and when he missed that pole and come back and said he gonna hit us.” says Boatwright.

A 2001 Kia slammed into Boatwright and sped away. The man allegedly behind the wheel was 31 year old Michael Partain, an off duty Arkansas Highway Police officer.

Witnesses say Partain’s car was going pretty fast when it came through the intersection, turned, just missing this light pole and then swerving back and slamming into the Boatwright’s car. The Kia’s front bumper was lodged inside the front of the Buick.

A witness followed Partain as he drove home and called police. Officers say when Partain finally came out of his home, they discovered something else.

“Our officers attempted a field sobriety test. They did detect a odor of alcohol and the appearance of an intoxicated state.” says West Memphis Assistant Police Chief Mike Allen.

Partain was in court Thursday charged with failure to maintain control of his vehicle, leaving the scene of a accident with injuries, DWI and refusing breathalyzer. Police say he stated he had started drinking a 12 pack of beer at 1:00pm. He is out on $25,000 bond.

We went to Partain’s home, but he wouldn’t come to the door. Neighbors who know the father of two are surprised.

“He’s such a sweet person, good father, hard worker. I guess things like this happen to the best of us.” says one neighbor.

“He’s an officer of the law. He is supposed to uphold the law. He knows what he done when he did it.” says Boatwright.

Now he is having to face the consequences.

Michael Partain resigned from the Arkansas Highway Police the day after the accident. He is back in court April 25th.

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Federal Judge Says Prisoner Restrained Too Long In Washington County Arkansas Jail Torture Chair

April 12, 2007

FAYETTEVILLE, ARKANSAS – A pre-trial detainee held in a restraint chair overnight had his constitutional rights violated and Washington County should pay $1,500 in damages, a federal magistrate judge is recommending.

David Pardue was being booked into the jail Aug. 2, 2002, when he was placed in the restraint chair by jail personnel after he refused to cooperate. Pardue sued claiming that being left in the chair overnight without being allowed up to use the restroom, stretch and get a drink constituted punishment.

Punishment is not allowed against prisoners who have not been convicted.

Magistrate James Marschewski’s report and recommendations will now go to U.S. District Judge Jimm Larry Hendren. Hendren can accept the report and recommendation or modify it.

Marschewski’s report recommends judgment should be entered against Sgt. Emily Glass Augustine and Sheriff Tim Helder, in his official capacity after being substituted for former Sheriff Steve Whitmill.

Marschewski rejected claims by Pardue that jail personnel violated his constitutional rights by placing him in the restraint chair to begin with and used excessive force against him by performing a “sternum rub” while he was restrained. He also rejected a claim for punitive damages.

Jail policy says the chair is only to be used when an inmate is violent, resisting officers physically, disrupting the operation of the jail, is a threat to himself, other inmates, officers or the safe operation of the facility, according to the report. Other methods must be tried first and the inmate cannot be left in the restraint chair for more than two hours at a time without direct medical supervision.

Marschewski said putting Pardue in the chair was reasonable because Pardue was being hostile to jail matrons trying to book him, was disrupting the facility and refused to respond to questions. The chair was used because the holding cell was occupied by a number of other detainees at the time.

But, Marschewski said leaving Pardue in the chair from 6:30 p.m. to 8:15 a.m., allowing him out only once about 3 a.m. and failing to medically monitor him, constituted protracted, impermissible punishment.

“While some use of such a restraint chair might serve a legitimate purpose, its use on Pardue under the circumstances at issue in this case clearly constitutes punishment,” Marschewski said. “Its use was excessive in relation to the purpose assigned to it — for the safety and security of the facility.”

Marschewski said the sternum rub is a viable medical procedure and was used, along with ammonia nitrate, to determine whether Pardue was faking a seizure or actually needed medical attention and didn’t amount to excessive force.

Sheriff Tim Helder said that while he hasn’t seen the report and recommendation, he’s disappointed but not surprised. Helder said records from that time period are missing from county archives and without them, the county could not prove Pardue was let out of the chair.

Helder said he believes Pardue was removed from the chair regularly.

Policies are in place and training has been done to assure that, if the restraint chair is used, it is done properly, Helder said.

Benton County lost a similar suit in 2003. Gilbert Guerra, then a pre-trial inmate before being convicted of murder, sued claiming he was restrained too long and was awarded $1,500 damages in federal court.

The court found that Guerra was restrained in the chair with his hands cuffed behind him for at least three hours at a time without close monitoring or a chance to stretch, have a drink or relieve himself. He was awarded $500 for each period of restraint.

Pardue, 55, pleaded guilty in Washington County Circuit Court in March 2003 to aggravated robbery and two counts of aggravated assault for stealing items from a Springdale Wal-Mart and then getting into an altercation outside the store where he tried to stab one employee and hit two employees with a truck as he fled the parking lot.

He was sentenced to more than 24 years in prison, 12 years on each of the assault charges to run consecutively and to 11 years on the robbery charge to run concurrently.

Federal prosecutors then chose to revoke Pardue’s supervised release stemming from a federal conviction for trying to hire a hit man to kill an informant in an earlier case.

Pardue, following a similar theft and altercation incident at a Rogers Wal-Mart in 1987 for which he received five years in state prison, set out to hire someone to kill an informant against him and the informant’s wife. The plan unraveled after the man that Pardue tried to hire turned him in to the FBI.

The FBI staged murders of the couple and then arrested Pardue after the balance of payment was made. Pardue was sentenced to 105 months in federal prison, fined $3,479, and required to serve three years’ supervised release.

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Veteran Arkansas Highway Police Officer Michael Partain Charged With DWI, Leaving Scene of Accident With Injuries After Drunken Wreck. Quits.

April 11, 2007

WEST MEMPHIS, ARKANSAS – An officer with the Arkansas Highway Police resigned his post after being involved in an accident that sent one person to the hospital. Pfc. Michael Partain was charged with DWI, refusal to submit to a breathlyzer test, failure to maintain control and leaving the scene of an accident.

The accident happened on Monday, April 9 in West Memphis, Arkansas. Partain was driving his personal car when the accident occurred.

Investigators say two people were in the other car involved in the accident. 42 year-old Dewayne Boatwright and his passenger, 40 year-old Veader Boatwright were stopped at a traffic light when they were hit by Partain. Police say Partain left the scene and a witness followed him and saw him go into his home. Police arrived and arrested Partain at his house.

Veader Boatwright was taken to the Crittenden Memorial Hospital to be checked out. She was treated and released.

Partain had been an officer with the Arkansas Highway Police since May 2001. He resigned yesterday, April 10. The highway patrol is responsible for monitoring large trucks and weigh stations.

Partain is scheduled to be in West Memphis District Court on Wednesday.

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Former Fort Smith Arkansas Police Officer Daniel Martinez Shot In The Head

April 11, 2007

FORT SMITH, ARKANSAS – A Fort Smith police officer, killed while helping a woman retrieve her child, was shot in the top of his head, according to the state medical examiner’s office.

Police originally believed that Officer Daniel Martinez, 33, of Summerfield, Okla., was shot in the back of the head March 23 when he answered a call to help Donna Stevens retrieve her 3-year-old son from the residence of her estranged boyfriend, Bobby Englebright.

When the officer and Stevens, 22, approached the house, they were met at the front door by Englebright’s brother, Richard Englebright, police say. Richard Englebright asked them to wait at the door, then returned with a gun and shot the officer and Stevens.

Sgt. Jarrard Copeland, a police spokesman, says that immediately before the shootings, Martinez received a call from a police radio clipped to his shirt and may have tilted his head down to respond to the call. He was shot at the hairline on the front top of his head and the bullet exited the back of his head.

Richard Englebright fled toward Arkoma and shot himself while in his vehicle after the Oklahoma Highway Patrol stopped him near Spiro, police say.

Stevens is recovering from her gunshot wounds. The night of the shooting, her son was placed in the care of a relative.

Martinez worked for several years in the Poteau and Panama police departments in LeFlore County and served as police chief in Shady Point and Wister.

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Former Lonoke Arkansas Police Chief Jay Campbell Testifies In His Conspiracy Trial

April 8, 2007

CABOT, ARKANSAS – Former Lonoke Police Chief Jay Campbell acknowledged “making mistakes” in his management of state prison inmates formerly housed at the Lonoke jail, but denied that he and his wife were part of a criminal organization conspiring to get drugs, sex and money.

Campbell’s statement came Friday, the second day of defense testimony in the trial against Campbell and his wife, Kelly Campbell.

The Campbells were arrested along with four others, and are accused of conspiring as part of a criminal organization to obtain drugs, money and jewelry illegally, and to obtain construction labor and sex from state prisoners. Their trial began in February.

Under questioning by his attorney, Patrick Benca, Jay Campbell denied stealing money from police funds and he denied using illegal drugs.

“I would never put my career on the line for something like that,” Jay Campbell said. “I have never in my life purchased or taken any kind of illegal drug.”

Regarding the inmates, Campbell said his mistakes were honest ones, based on an unfamiliarity with state regulations governing the program. For example, Campbell said, inmates are allowed to earn money through “hobby crafts” when they are not doing public chores.

“To me, I guess I thought that it is whatever my hobby is,” he said. “Your hobby craft may be different than mine.”

Campbell said he paid inmates to do personal chores for him so they could earn extra money.

“I didn’t need a 309 (inmate) to help me move a motor from one boat to another. I had a neighbor across the street who was a mechanic by trade,” Jay Campbell said. “This was more of a way to help them (the inmates) than to help us.”

Kelly Campbell is accused of having an affair with inmate Shane Scott. The former police chief acknowledged that Kelly Campbell had a strong “friendship” with Scott, but Campbell said he believed his wife when she denied the rumor.

Deputy Lonoke County Prosecuting Attorney Stuart Cearley began cross-examining Jay Campbell on Friday, asking the ex-chief about his practices at the Lonoke Police Department. Cearley is expected to continue the cross-examination Monday.

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Fired Baxter County Deputy Sheriff David Paul Arrested For Bugging Neighbor’s Apartment

April 7, 2007

BAXTER COUNTY, ARKANSAS – A fired Baxter County sheriff’s deputy was arrested Thursday on misdemeanor charges of harassment and criminal mischief.

David Paul, 35, was arrested for allegedly putting a listening device through his apartment ceiling into his neighbor’s upstairs apartment, said Police Chief Carry Manuel.

Paul allegedly installed the listening device about two months ago, Manuel said. The computer-type microphone was discovered by the upstairs resident Sunday, and Paul was fired that day. Paul had worked at the sheriff’s office 3 1/2 years, said Sheriff John Montgomery.

According to dispatch tapes, Paul was on duty that day and tried to discourage city police from responding to the incident.

About 10:50 p.m., Paul’s wife called him, telling him to come home because the neighbors were beating on the door, according to officials.

About two minutes later, Paul called dispatch to report where he was headed and told them it was not an emergency, but to keep police on standby, according to the dispatch tape. He later came back on the radio and told police to disregard the situation, according to the tape.

A few minutes later, the upstairs resident called 911, saying Paul was bugging his apartment and would be angry when he arrived, according to the 911 tape. Police officers then were dispatched to the apartment complex.

When Paul agreed to be interviewed at the city police department Sunday, an officer saw him pull out the base to a computer microphone from beneath his bullet proof vest, Manuel said. After police searched Paul’s apartment, they allegedly found a portion of the broken microphone cord in a trash can, he said.

Police did not release a motive for the alleged incident. Paul could not be reached for comment.

Montgomery announced Monday that Paul had been fired and that there was an investigation into alleged criminal conduct. He said that the evidence indicated that Paul was “engaged in conduct that was unbecoming to a law enforcement officer” and called the alleged actions “serious and unethical.”

In a statement, Montgomery said, “It is sad when someone who has the public trust betrays that trust and tarnishes the badge of law enforcement. When one officer fails, it reflects badly on all officers, no matter what branch of law enforcement they serve in. I believe law enforcement must be held to a higher standard.”

Paul was booked into the Baxter County jail Thursday and was released on his own recognizance by a district court judge, Manuel said.

Damages to Paul’s apartment consisted of four holes in his ceiling and are estimated to be about $300, police said.

According to Arkansas law, if convicted, Paul could be sentenced up to two years in jail and be ordered to pay a fine of up to $2,000. The Baxter County Sheriff’s Office also assisted in the investigation.

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Baxter County Arkansas Deputy Sheriff David Paul Fired For Gross Misconduct

April 3, 2007

BAXTER COUNTY, ARKANSAS – A Baxter County Sheriff’s deputy was fired Sunday after an investigation allegedly revealed “gross misconduct,” according to a Baxter County Sheriff’s Office news release.

About 11 p.m. Sunday, a resident from Quail Run Apartments in Mountain Home called 911 to report allegations of criminal conduct involving Cpl. David Paul, 35, according to the news release.

Paul lives in an apartment below the caller and was on duty at the time of the call, according to the release. When authorities arrived, they found the complaint involved an issue of alleged invasion of personal privacy.

After a preliminary investigation between the Mountain Home Police Department and the Baxter County Sheriff’s Office, Paul was fired Sunday night, said Baxter County Sheriff John Montgomery.

Paul had worked with the department 3 1/2 years, Montgomery said. Paul could not be reached for comment Monday. A message was not returned to a phone number listed in Paul’s name.

Evidence indicated that Paul engaged in conduct that was unbecoming to a law enforcement officer, which constituted gross misconduct, according to the news release. Montgomery also referred to Paul’s alleged actions as “serious and unethical.”

“It is sad when someone who had the public trust betrays that trust and tarnishes the badge of law enforcement,” Montgomery said. “When one officer fails, it reflects badly on all officers, no matter what branch of law enforcement they serve in. I believe law enforcement must be held to a higher standard. Public trust is vital to the success of this office. Therefore, I am taking the incident very seriously and want to assure the public that the matter will be handled in the appropriate manner.”

Details will be released once the investigation is complete, Montgomery said.

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Madison Arkansas Police Officer Victor Crawford, WITH LENGTHY CRIMINAL HISTORY, Found Guilty After Attack On His Wife

March 29, 2007

MADISON, ARKANSAS – A Madison police officer with a lengthy criminal history was convicted of domestic battery on his estranged wife Wednesday afternoon by St. Francis County District Court Judge Steve Routon.

The incident took place on Feb. 26 of this year involving Victor Crawford, 34, of Forrest City, and his wife Erica Crawford, 29, 2320 Merrill #B3, Forrest City. Police reports on file at the Forrest City Police Department show the incident occurred at Crawford’s current residence of 203 South Beech in Forrest City.

The Crawfords filed police reports against each other claiming each had been attacked by the other.

Erica Crawford claimed a large portion of her hair had been pulled out, exposing her scalp.

Both Crawfords were tried on Wednesday in one trial on dueling misdemeanor third-degree domestic battery charges.

Several witnesses were called before Routon entered a judgment, saying that it was based on the testimony and the pictures of the injuries submitted to the court.

“Both parties are charged with third-degree domestic battery, but there is a major difference in the injuries,” said Routon, “and this is important to the court.”

Routon found Erica Crawford not guilty of the charge. Victor Crawford was found guilty and given a $2,000 appeal bond. He was also ordered to give a DNA sample at the jail.

Cline asked for and received a no contact order from Routon for a year against Victor Crawford. Crawford’s attorney was given until Thursday, April 5, to prepare the paperwork for Crawford’s appeal.

According to records provided by the SFC District Court, Victor Crawford has a long history of criminal offenses dating back to the early 1990’s. The records show that he has been found guilty by the District Court for violent crimes including third-degree battery in 1992 and third-degree assault twice in 1994. He has also been found guilty of various traffic violations, failure to appear and disregarding a police officer. All of these verdicts came between 1992 and 2003.

Crawford has had two stints with the Madison Police Department, according to records from Madison City Hall. His second stint began with the department in 2006. He was originally hired before, according to officials, but no records were available at press time.

Madison Police Chief Jonathan Parks commented on the situation and Crawford’s status with the department.

“I have a meeting scheduled today with the mayor (Bobby Hardrick) about the situation,” said Parks. “There will definitely be some action taken. If he was found guilty, we will likely have to terminate him.”

Parks was asked if a background check was done when Crawford was hired, and he said there was. When asked if he was aware of the other convictions that Crawford had, he said he was not aware of them and that Crawford had been hired by another chief.

Parks was also asked that since the nature of some of the crimes were violent, although misdemeanors, would that have disqualified him as an officer.

“The third-degree battery and the two third-degree assaults are the lowest levels of those charges, but I would categorize them as violent crimes,” answered Parks. “On our applications, they are asked if they have ever been charged or convicted of any crime. It would have disqualified him, but again he was hired under another administration and we will take care of this.”

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Former Crawford County Arkansas Deputy Sheriff, Child Molester John William “Bill” Seamster Jr, Arrested Again After Release From Prison

March 28, 2007

CRAWFORD COUNTY, ARKANSAS – A former Crawford County law enforcement officer recently released from prison has been arrested.

John William “Bill” Seamster Jr., 57, of Omaha, Ark., was arrested on March 21 on a warrant out of Crawford County.

Prosecuting Attorney Marc McCune said it is alleged that Seamster did not complete the RSVP sexual offender program while in the Arkansas Department of Correction and has not scheduled the required counseling sessions since his release last month.

Seamster was released from the Crawford County Detention Center on $5,000 bond.

On Feb. 21, 2001, Semaster was sentenced to six years in prison after pleading no contest in Crawford County Circuit Court to two charges of sexual abuse in the first degree resulting from the alleged rape of two children. The former deputy was sentenced to prison on one sexual abuse charge.

Judge Floyd “Pete” Rogers gave Seamster a 10-year suspended sentence on the other count in a plea agreement worked out between the prosecuting attorney’s office and defense attorney Joel Price. McCune said the children approved the plea agreement because they wanted to avoid testifying at trial.

McCune said Seamster was persistently evasive and denied all sexual contact with any victim.

“However, he did state he had a problem in the past about sexual fantasies with children and masturbated to these thoughts, this being 20 years ago,” McCune said.

After taking a polygraph, Seamster admitted to the examiner he lied and did in fact have sexual contact with three minors, McCune said.

“One of those contacts extended over a five-year period,” McCune said, “and some of the offenses took place in his patrol car when employed with the Crawford County Sheriff’s Office.”

McCune said Seamster is classified as a level 4 sex offender, the highest level.

“This was based on his extensive and credible allegations of sexual misconduct involving skilled predation, force, and threats, multiple victims, including both sexes, and engaged in highly intrusive sexual activity with minors, much of it clearly involving misuse of a position of trust and authority,” McCune said. “It was determined that he has a predisposition to predatory sexual violence.”

In March 2000, the children told police that Seamster had sexual contact with them in 1995 when the boy was 10 and the girl was 7. The brother and sister alleged “Officer Bill” Seamster penetrated their bodies digitally and anally. The boy first made accusations against Seamster in 1995.

According to prosecuting attorney’s office records, seven more alleged sexual abuse victims have come forward – some now in their 30s.

According to the children, Seamster lured them into his apartment with free skating passes, movies and games. Once inside, he allegedly triple-locked his door, took them to a back room, pulled off their clothing and forced them to engage in the sexual contact.

Seamster retired from the Crawford County Sheriff’s Office in August 1999 after 25 years with the department.

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Former Lonoke Arkansas Police Chief Jay Campbell’s Staff Testifies Against Him In Criminal Enterprise Trial: Drugs, Sex, Money…

March 27, 2007

Jay_CampbellLONOKE, ARKANSAS – The third week of testimony has begun in the scandal trial of former Lonoke Police Chief Jay Campbell and his wife Kelly. They are charged with running a criminal enterprise seeking drugs, sex and money.

The third week kicked off with members of the former chief’s staff taking the stand. One by one several of Jay Campbell’s former officers testified against him.

Sgt. Randy Mauk claimed at least four or five times the chief called him in the middle of the night and asked him to open a file cabinet that contained confiscated drug money. Mauk testified the chief would tell him he needed cash to pay off informants. Mauk said he would give the chief blank receipts for him to fill out in exchange for the cash, some that were entered as evidence to the jury remain unsigned.

Mauk also testified those arrested for having drugs on them while Jay Campbell was chief were able to walk out the door without being arrested.

The defense spent most of its time Monday charting out exactly who has access to the evidence file cabinet, which is up to four people and does not include the chief.

Defense attorney Patrick Benca says, “It’s an important issue. Who has controlled to those evidence lockers has control of the evidence and has control of the money. It’s a very important point.”

Lonoke County Prosecuting Attorney Lona McCastlain says the trial is so long she worries about overwhelming the jury.

McCastlain says, “When you go for more than a week you worry about that. There’s a lot of things that have been put up there in front of this jury to digest and I expect closing will take awhile because we have to go back and revisit some of this because five weeks was a long time ago and by the time we close, it’ll be six or seven weeks.”

Another one of Jay Campbell’s former officers testified that Campbell asked him to pick up a robbery suspect and bring him to police station for questioning. The officer testified that during the interview Campbell punched the suspect.

Jay Campbell is expected to take the stand in his own defense.

The state may rest its case this week or early next week. Once that happens, the defense will take a week to 10 days for its case.

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Bentonville Arkansas: Senior Circuit Judge Tom Keith Sentences Child Molester To Only 120 Days In Jail – 2 Counts – 6 Year Old Victim – Hopefully Someone In Jails Kills Him…

March 27, 2007

BENTONVILLE, ARKANSAS – The family of a girl sexually assaulted at age 6 accepted a lenient sentence against the abuser Monday, saying they didn’t want the child to endure a court battle.

Denver Lee Townsend, 66, pleaded guilty to a reduced charge of second-degree sexual assault and will spend 120 days in the Benton County Jail for sexually assaulting the girl.

He will also serve 10 years of probation, ruled Senior Circuit Judge Tom Keith.

The girl was molested by someone else previously, and her guardian told the court the family accepted the agreement “to keep that baby out of it.”

Townsend was arrested June 8, 2004, on two counts of rape based on statements the girl made during a forensic interview at the Child Advocacy Center in Rogers.

In an interview with police, Townsend denied all the girl’s claims. He was arrested, spent eight days in jail, then posted a $25,000 bond.

Defense attorney Louis Lim said his client suffers health problems and told the judge the arrangement would bring closure to the child and family.

“There’s no justification or excuse, but in order to begin to heal, he is coming out and stating the truth,” Lim said. “This saves the young girl the (court) experience.”

Chief Deputy Prosecutor Shane Wilkinson said he and the family had a “frank discussion about what the child would have to go through” in a trial.

Townsend must register as a sex offender after release from prison.

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Vian Arkansas Police Chief Mike Thomas, Asst. Chief Steve Brackett And Two Police Officers Monte Davis And Tim Wiley Fired By Council, Four Resign, Leaving Town With Just Two Officers…

March 21, 2007

VIAN, ARKANSAS – Four members of the Vian Police Department were fired and four more resigned following a 3-2 City Council vote Monday night, leaving the department with two officers to cover the city.

Fired were Police Chief Mike Thomas, Assistant Police Chief Steve Brackett and officers Monte Davis and Tim Wiley. Thomas said Tuesday afternoon that the council invoked a rule against nepotism to fire Davis and Wiley.

However, Thomas said the department had already checked and found Wiley’s relation fell outside the flow chart the department uses to determine possible violations. And while council member Vic Harris is Davis’ uncle by marriage, Thomas said he believes the wrong man was punished.

“I don’t feel that the officers should pay for the council members’ mistakes because the council members are the ones that are supposed to know what guidelines are for municipalities (and) they failed to follow those,” Thomas said. ”One of them should have stepped down, (Harris) is the one who actually started problems.”

Harris, as well as council members Kenny Johnson and James Smith, voted to fire the four. Johnson and Harris did not return calls seeking comment Tuesday evening, while Smith told the Times Record, “Thank you, but I have nothing to say right now.”

Mayor Jim Lewis and council member Luther Irish voted against the firings.

Thomas said he and Brackett were fired illegally for “the good of the service,” a rule which allows municipalities to hire and fire at will in most cases. However, Thomas said under Oklahoma Municipal League rules, police officers are exempt from that rule. He said there would be an appeal forthcoming, although he was still researching where that appeal would be filed.

“All four of us are sticking together on this appeal,” he said. “We are also going to, if need be, take it as far as possible. There are possible legal repercussions for the town as well as whoever we need to take legal action against.”

He said the four would also seek the removal of the three council member who voted for the firings.

“None of the guidelines for due process last night were followed, that’s been the case in several officers (fired) there before and we’re going to bring everything right, we’re going to be the ones to stand up,” Thomas said. “We’re not going to let the town run over police officers or employees of the city and the townspeople because the people, most everyone we’ve talked with except for a select few, have all backed (the officers).”

All four reserve members of the Police Department resigned following the firings. Thomas said the two full-time officers that remain are currently working 12-hour shifts, with a third full-time officer just hired.

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Hearing Ordered In Arkansas Correctional Officer James Mallard Excessive Force Case

March 20, 2007

LITTLE ROCK, ARKANSAS - A federal appeals panel ordered a new hearing Monday in an Arkansas prison inmate’s lawsuit claiming excessive force by a state correctional officer.

Brett Surveyor, who is serving a 60-year sentence from Jefferson County on aggravated robbery and other charges, alleged in the lawsuit that twice in 2002 Cpl. James Mallard with the Department of Correction used excessive force on him because he filed grievances with the department. Monday’s order did not specify the grievances.

A federal judge later dismissed Surveyor’s lawsuit, which also included all of the federal judges and magistrates in the state and several U.S. Court of Appeals judges as defendants. He alleged that the judges and magistrates were involved in a conspiracy with prison authorities to violate his constitutional rights.

In Monday’s decision, a three-judge panel of the 8th U.S. Court of Appeals upheld the decision to remove the federal judges and magistrates from the lawsuit, but said Surveyor deserved another hearing on his claim against Mallard.

“As to the merits of Surveyor’s complaint, we conclude that the record presents trialworthy issues on the excessive-force claims based on Surveyor’s deposition testimony,” the court said in an order.

Surveyor alleged in his lawsuit that the guard threatened to hurt him and then let him out of the cell and hit him on the head.

Prison spokeswoman Dina Tyler said Mallard was disciplined “for not using good judgment” when he let the inmate out of his cell. She also said Mallard still works for the department and is now a sergeant.

She said Surveyor has a lengthy disciplinary record in state custody.

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Legislative Panel: Arkansas State Deputy Prosecutors Must Pay For Man’s 5 Years Of False Imprisonment After Drug Task Force Officer Keith Ray’s Suspect Testimony

March 15, 2007

LITTLE ROCK, ARKANSAS – A legislative panel has recommended that a 200-thousand dollar claim for a man falsely imprisoned should be paid out of the budget of the state’s deputy prosecutors.

An attorney for Rodney Bragg told a subcommittee of the Joint Budget Committee today that prosecutors could have prosecuted a drug task force agent who offered false testimony leading to Bragg’s conviction. Lawyer Patrick Benca said Bragg spent five years in prison for a crime he did not commit.

Benca, with Bragg at his side, asked the panel to uphold a Claims Commission recommendation that the Legislature pay the Arkadelphia man for the five years he spent in prison.

Bragg was freed December Eighth, 2000, from Cummins prison, where he was serving a 40-year sentence. He was convicted in early 1996 in Nevada County of delivery of a controlled substance. He was released after a federal magistrate ruled that Bragg’s conviction was based primarily on suspect testimony from Keith Ray, then an agent with the South-Central Drug Task Force.

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Crazed Arkansas Judicial Discipline And Disability Commission To Conduct Misconduct Hearings For Judge Wendell Griffen For Comments About Criminal U.S. President George W. Bush

March 15, 2007

LITTLE ROCK, ARKANSAS — An Arkansas Court of Appeals judge will face a disciplinary hearing over his comments about the Bush administration and other issues, a state judicial commission ruled Friday, ignoring his claim of First Amendment protection.

By a 5-3 vote, the state Judicial Discipline and Disability Commission decided misconduct charges against Judge Wendell Griffen warranted a full hearing.

The commission rejected several attempts by Griffen to dismiss the charges, based mostly on newspaper accounts of critical speeches he made about President Bush, the appointment of John Roberts as chief justice of the U.S. Supreme Court and the federal government’s response to Hurricane Katrina.

The comments “appear to lend the prestige of Judge Griffen’s office to a particular political point of view one way or another,” said Jay Wills, a deputy director for the commission. “Those comments also may raise a reasonable question as to his ability to act impartially in cases involving well-known opponents of those views.”

Griffen, representing himself during the hearing, dismissed the newspaper articles as “classic hearsay” evidence. He said any allegation his views would affect his impartiality relied on “triple speculation” — assuming someone with those views would file a lawsuit ultimately heard by him.

“Mr. Wills has not proved any person to whom I have loaned the prestige of my office. Who is it?” Griffen asked. “They haven’t identified who they were, who they are or who they will be.”

Griffen also repeated his claim that his comments are protected under a U.S. Supreme Court decision in 2002. The decision struck down a Minnesota rule barring judicial candidates from speaking out on “disputed legal or political issues.”

The commission’s decision Friday will have Griffen appear before a disciplinary hearing to be scheduled sometime during the summer, said commission executive director Jim Badami. The commission then will decide if Griffen violated the state’s judicial canons, which could mean censure or a recommendation to the state Supreme Court he be suspended or removed from the bench.

The meeting, open to the public after the state Supreme Court sided with an appeal by Griffen to allow others in, became tense at times. The commission told a television cameraman and news photographer to leave because their cameras “could be a bit disruptive.”

Commission chairman Michael Gott, asked by Griffen to recuse himself over an e-mail he sent to Badami, also shouted at the judge at one point.

“I’m getting a little tired of that,” Gott said after Griffen said “yes, sir” to him. “I’m trying to work with you every way we can in this thing, Judge Griffen.”

Griffen apologized, saying “it was not my intent to be disrespectful.”

After the hearing, Badami dismissed Griffen’s claims he should be protected by the First Amendment.

“He was using his judicial office to support the position of someone else,” Badami said. “When you become a judge, you are cloaked in an awful lot of authority.

“If a judge really feels strongly that the code of judicial conduct is wrong and unconstitutional, don’t go around violating it and have the commission go after you. Why don’t you seek a declaratory judgment? This way, you don’t bring embarrassment to the judiciary.”

In a statement to reporters, Griffen described the hearing as “irregular” for relying on newspaper accounts and having no witnesses to support the commission’s claims. But he dismissed Badami’s suggestion of a lawsuit over the judicial rules, saying “I don’t need to go and sue somebody to show I believe in the code of conduct.”

“I ultimately will win,” Griffen said. “I’m standing on the constitution.”

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West Memphis Police Officer James Wright Fired After Crash Which Killed Teen And Internet Photo

March 15, 2007

WEST MEMPHIS, ARKANSAS – The West Memphis Arkansas police officer involved in a deadly wreck that killed a teenager has been fired, for violating a department policy.

Officials with the West Memphis Police Department say James Wright took a picture of himself in uniform, while pointing his gun at the camera. Wright also put the picture online for everyone to see.

He was already under investigating for the picture before the wreck happened. Investigators found the victim to be at fault for the crash.

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Dispatcher Says Lonoke Arkansas Police Chief Jay Campbell Stole Money

March 11, 2007

LONOKE, ARKANSAS – The scandal trial against the former Lonoke Police Chief and his wife continued Friday. Jay Campbell and his wife Kelly, along with a bail bondsman, are accused of being part of a criminal organization seeking drugs, sex and money.

Arriving together Friday morning, the Campbell’s prepare for a fifth day of testimony in their trial. Bail bondsman Bobby Cox is also charged in this case.

After a tense day of testimony Thursday from one of Kelly Campbell’s alleged jail inmate lovers (see story link below pictures), you could tell the defendants were much more relaxed Friday, even joking with the TV cameras.

Looking into the camera, Kelly Campbell says to husband Jay, “I think they’re making a movie or they’re gonna do a fashion show of my outfits and my hair. I’d watch that!”

Lisa Marty was the only person to take the stand Friday. She was the head of police dispatch in Lonoke when Jay Campbell was the chief. Marty testified on several occasions Jay took money from the department’s commissary fund and never repaid it. Once she claimed Jay was taking his daughter to get her tonsils out and needed $100.

Marty’s account log sheets were entered as evidence. The defense was quick to point out what they call, Marty’s sloppy record keeping; jurors could see how she has used correction fluid like Wite-Out on entries regarding the chief.

Defense attorney Patrick Benca says, “There was a discrepancy with one of the records and the record dealt directly with something Jay is charged with; and it wasn’t pointed out by the prosecution so I had to point it out in mine.”

Lonoke County Prosecuting Attorney Lona McCastlain says, “We had another witness but some issues came up with evidence which happens; so we had to take some time off for the judge to make rulings on that. We’ll revisit that issue on Monday and we’ll resume testimony on Monday also.”

Monday will prove tense once again, as another of Kelly Campbell’s alleged lovers take the stand.

The attorneys held an evidence hearing after the trial recessed Friday. The defense doesn’t want a plastic straw introduced next week that supposedly was used by Jay and Kelly Campbell to use the drug meth. The judge will make his ruling on that Monday.

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Benton County Arkansas Court Clerk’s Errors Lose 20 Drunk Driving Cases For County In One Day…

March 11, 2007

BENTON COUNTY, ARKANSAS – In one day, Benton County prosecutors lost 20 drunken driving cases when no one showed up to testify against the defendants.

A clerical mistake sent subpoenas to the wrong address, and no officers or state Crime Laboratory experts showed up in Rogers District Court for hearings on the misdemeanor driving-while-intoxicated charges.

Before court began, prosecutors asked to reset the hearing because of the subpoena mistake and because one officer was recovering from eye surgery and another was summoned to trial in Little Rock.

But District Judge Jeff Conner denied the request, and the trials began.

Conner granted the defense a directed verdict in favor of his 18 defendants; two other DWI cases were dropped.

Prosecutor Van Stone stressed that the mistake was innocent and said he was baffled by the judge’s decision.

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Inmates Testify They Had Sex With Former Lonoke Arkansas Police Chief Jay Campbell’s Wife

March 10, 2007

LONOKE, ARKANSAS – The trial against the former Lonoke police chief and his wife continues in Cabot. The two, along with a bail bondsman, are charged with being part of a continuing criminal organization seeking drugs, sex and money. (See links below picture for more stories on the trial.)

Prisoners took the stand to testify Thursday. Delivered from different lock-ups around the state, a handful of Department of Correction inmates spent the day in court. They all at one point were part of a work-release program in Lonoke.

One of them, Andrew Baker, testified he took pictures of the police chief’s wife, Kelly Campbell, with another prisoner showing her in his arms, kissing him and posing together. Baker didn’t go into specifics about the relationship but did say life was good as a prisoner in Lonoke. He claims he smoked marijuana there and was supplied vodka and whisky.

Inmate Tim Ainsworth testified he had sexual relations with Kelly Campbell initiated by her. He called it a surprise. He testified she even gave him pictures of herself posing suggestively.

Ainsworth claims they had sex five times: twice in an alley behind the Lonoke jail, once in her truck, once in the police chief’s office and once in Kelly and Jay Campbell’s bedroom.

Defense attorney Mark Hampton says, “It’s our position no matter how sad and embarrassing it is, it’s not criminal conduct.”

The trial is being held at the Cabot District Courthouse as to not tie up the main courthouse in Lonoke every day.

After Ainsworth is done on the witness stand, prisoner Shane Scott will testify. He is also accused of having sexual relationships with Kelly Campbell.

Lonoke County Prosecuting Attorney Lona McCastlain says, “It is what it is. You put the witnesses on the stand and they tell their story. That’s what happened with the inmates.”

The defense has not decided whether Kelly Campbell will take the stand in her own defense.
The inmates testified that the Campbells never asked them to lie about their time in Lonoke. They also said Jay Campbell treated them like “real people, never like inmates.”

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Jefferson County Arkansas Correctional Officer Benny Shelton Cause Trying To Smuggle Drugs Into Jail Hidden Inside A Subway Sandwich

March 10, 2007

JEFFERSON COUNTY, ARKANSAS – Prison officials confirmed Tuesday that they caught a correctional officer trying to smuggle tobacco mixed with marijuana inside a Subway sandwich into the Jefferson County Jail and Correctional Facility.

Sgt. Benny Shelton, 25, was arrested shortly after another man delivered the sandwiches from the popular national chain to the jail in Pine Bluff on Feb. 27 about 5:45 p.m. After Shelton said he had ordered the sandwiches, a Department of Correction lieutenant examined them and found one containing a plastic bag filled with loose tobacco and a small amount of marijuana.

“Enough to make three or four joints,” Dina Tyler, Correction Department spokesman, wrote in an e-mail.

The other sandwich had a lighter hidden inside the makings.

Shelton, employed by the Correction Department for about 4 1/2 years, was fired. After authorities arrested him on suspicion of introducing contraband into a correctional facility, he was booked into the same jail where he had worked, Tyler said.

No information on bond or court dates was immediately available.

In the past year 30 prison employees have been fired after contraband-related charges, although it wasn’t clear if all the fired employees participated in smuggling, Tyler said.

Twelve dismissals came after employees were found possessing drugs on prison grounds. “Some of those could have had drugs in their car or something,” she said.

About 3,500 people work for the Correction Department.

Since the banning of tobacco inside Arkansas prisons went into effect in January 2000, tobacco has become the biggest contraband item, something that can produce huge profits and tempt employees. A single cigarette costs about $2 on the prison black market.

Last April a contraband ring at the Maximum Security Unit at Tucker was discovered. Large amounts of tobacco and food were found in a horse barn. Three correctional officers quit and seven were disciplined.

In January, the adjacent Tucker Unit became the focus of an intense contraband investigation by prison internal affairs investigators and Arkansas State Police after contraband computers were discovered in outlying buildings on the sprawling prison farm. Eleven employees were fired or have resigned since the probe began in mid-January.

Three vocational instructors for the Riverside Vocational Technical School who taught at Tucker also were implicated.

A Tucker staff member who had been suspended is back at work, the charges against her having proved unfounded, Tyler said Tuesday, adding that the investigation continues.

“I would characterize it as a very vigorous and thorough investigation. When it’s done, I think every rock will have been looked under several times, by several different people,” she wrote in an e-mail.

Also, three officers who were transferred from the women’s Hawkins Center at Wrightsville in January after reportedly using a cell phone to photograph inmates in the shower have been cleared of most wrongdoing in the case, Tyler said.

The allegations, made by an inmate, have proved unfounded, she said. The officer who brought the prohibited cell phone, considered contraband, into the prison has been dismissed for unrelated offenses. The other two officers were reprimanded for “not acting the way they should,” wrote Tyler in an e-mail.

The phone was recovered, but no compromising pictures were found. “We don’t think any pictures were taken of inmates in the shower or anywhere else,” she said.

 


State Loses 20 Drunk Driving Cases In Single Day On Benton County Arkansas Clerical Mistake

March 9, 2007

BENTONVILLE, ARKANSAS – Twenty drunken driving cases were lost Wednesday after a clerical error sent subpoenaes to a wrong address and prosecutors had no witnesses for trial.

“I’ve been a lawyer 20 years and I’ve never seen that happen before,” said Rogers attorney Doug Norwood, who represented the 18 clients who walked free. “And they were bad cases — the facts were not good for us.”

Norwood said he knew something was awry when he pulled into Rogers District Court on Wednesday morning and saw no cars for Benton County Sheriff’s Office deputies or police officers.

Two weeks before, Norwood had tried to reset his 33 misdemeanor cases because of an “overwhelming schedule,” but prosecutors “adamantly objected,” he said.

“It’s unusual for any lawyer to object to a continuance, so I withdrew my motion and told my staff we’d have to get ready and try them all,” he said.

An expert from the state Crime Lab was summoned along with a certified interpreter for non-English-speaking clients.
*

Before court began that morning, prosecutors at the last minute asked to continue cases because of the subpoena mistake and because one officer — involved in several cases — was recovering from eye surgery and another was summoned to trial in Little Rock.

“That’s not the way the system works,” Norwood said District Judge Jeff Conner told prosecutors as he denied the last-minute request. Trials began and, “all 33 cases and they never called a single witness. They tried to get some there in the afternoon, but even after lunch nobody was there.”

Directed verdicts were granted to Norwood on each driving while intoxicated case. A few of the other cases — such as for drugs and contributing to the delinquency of a minor — can be refiled, but state law doesn’t allow that for DWI charges.

Some cases were third DWI offenses, and two defendants had two DWI cases dropped.

“A get-out-of-jail-free card does no one a service,” said Teresa Belew, executive director of Arkansas Mothers Against Drunk Driving. “The public deserves better — and offenders deserve better because they’re not given the benefit of alcohol education and treatment. I take exception to the blanket dismissal.”

Prosecutor Van Stone, whose office handles prosecution of all arrests outside of city limits, said the clerical mistake was innocent.

“I’ve seen capital murder cases get continued for lesser reasons, so that’s why I’m still baffled by the judge’s decision,” Stone said. “I don’t think the remedy should be dismissal.”

Judicial canons prohibit judges from addressing specific cases, so Conner couldn’t comment on his decision when contacted Thursday.

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Retired Pulaski County Deputy Sheriff William Boyer Admits Supplying Ecstasy And Hydrocodone To Former Lonoke City Police Chief Jay Campbell And Wife

March 7, 2007

LONOKE COUNTY, ARKANSAS – The Lonoke County prosecutor continues presenting her case against the former Lonoke City police chief and his wife. The two are charged with being part of a continuing criminal organization that obtained money and drugs from state inmates.

You may recall the trial started last week for Jay and Kelly Campbell. Tuesday, we heard testimony from Lonoke police dispatchers and those who work in the jail. They testified Kelly Campbell often came and went from the lock-up with prisoners.

One by one, witnesses took the stand to testify against the Campbells. Two Lonoke police dispatchers testified that Kelly had frequent contact with the work release prisoners and was consistently allowed into restricted areas of the jail.

The dispatchers testified both Kelly and Jay would often pick up prisoners up and take them places. One dispatcher said she saw Kelly take a prisoner named Shane Scott to dinner. That employee also said Kelly would lock herself in her husband’s office with Scott and spend alone time with him. The dispatcher testified Kelly told her she loved Scott.

Both city employees allege Jay knew all this was going on that and he’d often come to the jail to pick Kelly up, frustrated.

The prosecutor isn’t saying much to the media.

Prosecutor Lona McCastlain says, “It’s moving on. We’re moving faster than expected, so we should have it done before we know it.”

The defense called one man’s testimony a surprise. Retired Pulaski County deputy William Boyer, who’s now in his 60s, admitted that after retiring that he dealt ecstasy with his son to pay the bills. Boyer testified to selling to the Campbells and to supplying them free Hydrocodone, a prescription pain medicine he was on.

The defense questioned the witness’ credibility, who couldn’t remember the names of anyone else he had dealt drugs with.

Defense attorney Mark Hampton says, “If I was a retired police officer and decided to sell drugs with my son, I would have a better memory of who I bought the drugs from, who I sold my drugs to.”

Both dispatchers testified they would call Jay Campbell almost every time Kelly was in the jail with the prisoners. Jay Campbell told Today’s THV Tuesday that he is ready for this trial to be finished.

One of the dispatchers also testified for unknown reasons Jay Campbell would call in the middle of the night and request they run license plate numbers through the computer system to get identification.

The trial continues Wednesday and could last another month.

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Rogers Arkansas Police Disptacher Activates City’s 20 Tornado Sirens At 2 AM By Mistake

March 1, 2007

ROGERS, ARKANSAS –  The mayor of Rogers says it was a mistake by a police dispatcher that caused the city’s tornado sirens to sound at 2 a.m. yesterday.

Mayor Steve Womack says the dispatcher had tried to send a closed-circuit signal that indicated a tornado watch had been issued for the area. The alert would have gone to hospitals and fire stations.

Instead, the city’s 20 tornado sirens were triggered.

The mayor’s office says steps are being taken to ensure the sirens don’t go off by mistake again.

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Jury Selection Begins In Trial Of Former Lonoke Arkansas Police Chief Jay Campbell, Wife, And Bail-Bondsman For Sex, Drugs, And Money Based Public Corruption

February 28, 2007

CABOT, ARKANSAS –  Jury selection began yesterday but no jurors were picked in a corruption case against the former Lonoke police chief, his wife and a bail bondsman.

Former chief Jay Campbell, his wife Kelly Campbell, and bondsman Bobby Junior Cox were among six people charged in a public corruption investigation. They are accused of a criminal conspiracy involving money, drugs and sex.

The trial is being held in Cabot District Court to avoid tying up the single circuit courtroom at the county courthouse in Lonoke for the month that lawyers say this trial is likely to take.

Prosecutors allege that the defendants worked together to obtain drugs, money and jewelry illegally, and to obtain construction labor and sex from state prisoners.

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Former Sheriff And Arkansas Congressman Tommy Robinson And His Attorney Roy “Bill” Lewellen Jailed Indefinitely By Federal Bankruptcy Judge

February 27, 2007

 HELENA-WEST HELENA, ARKANSAS –  Former congressman Tommy Robinson and his attorney have been jailed for contempt in a bankruptcy case being heard in Helena-West Helena.

U-S Bankruptcy Judge James G- Mixon concluded Robinson and attorney Roy “Bill” Lewellen were in criminal and civil contempt because they filed a suit in December with the intent of thwarting an auction of a duck-hunting lodge. The judge had ordered the lodge be auctioned.

Robinson, who as congressman represented the Second District in central Arkansas, and Lewellen were handcuffed and led out of the courtroom yesterday.

Mixon is hearing the involuntary bankruptcy cases of Robinson and his wife, Carolyn B- Robinson.

Mixon ordered U.S. marshals to keep Robinson and Lewellen in custody until the court decides that both of them have — quote — “satisfactorily purged themselves of contempt.” The two were taken to the Faulkner County Jail at Conway, which houses some federal prisoners under a contract with the government.

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Arkansas State Police To Pay $1 Million After Trigger-Happy State Trooper Larry Norman Shoots And Kills Innocent Disabled Man

February 27, 2007

SPRINGDALE, ARKANSAS – The Arkansas State Police will pay $1 million in a settlement agreement to the estate of Joseph Erin Hamley who was shot and killed by a state trooper last year in a case of mistaken identity.

The State Police admitted no wrongdoing, and the Hamley family agreed the settlement would satisfy all claims against the state.

The agreement set several stipulations the State Police must meet, the first of which was an appropriation bill for the money filed Monday in the Legislature.

If the bill is signed into law and the appropriation funded, the money would be given to the State Police. The State Police would then have to submit the settlement agreement for approval by the Department of Finance and Administration and the appropriate committees of the Legislature, before the money could be paid to Hamley’s estate, said State Police spokesman Bill Sadler.

Erin Hamley’s mother, Mary Hamley, would not discuss the settlement when reached by phone Monday.

“I can’t go into that,” was all she would say concerning the agreement, which was accepted in probate proceedings and sealed by a judge in Washington County on Feb. 15. Probate case files are normally open to the public.

A copy of the agreement was provided by the Arkansas State Police.

Mary Hamley’s Fayetteville attorney W.H. Taylor did not immediately return several messages left at his office Monday.

Hamley, 21, who had cerebral palsy, never learned to read and had difficulty communicating.

State Trooper Larry Norman shot Hamley on the side of U.S. 412, west of Springdale, the morning of March 7, thinking the disabled man was Michigan prison escapee Adam Leadford. A Benton County grand jury indicted Norman in April on a misdemeanor negligent homicide charge.

The grand jury said in its report that Hamley did not obey Norman and four other police officers who responded to a possible sighting of Leadford.

He laid on his back on the ground, and Norman shot him with a shotgun as Hamley moved his arm toward his body, possibly in an effort to roll onto his stomach, the report said.

The report said Norman was on the scene for less than a minute and the lack of communication among the officers was troubling.

Sadler said that as a result of the shooting, the State Police doubled to eight the number of training hours troopers and recruits must complete in dealing with the mentally impaired.

Leadford was captured after a two-county, high-speed chase about nine hours after the Hamley shooting. He had eluded police for three days.

Police chased him into Wal-Mart Supercenter on Thompson Street in Springdale where he was shot in the face by a Springdale police officer and arrested.

Leadford was sentenced last month to 30 years in prison for his actions in Benton County. He was sentenced to six years in prison on charges in Washington County.

What’s Up

Negligent Homicide Trial

Former Arkansas State Trooper Larry Norman faces one charge of misdemeanor negligent homicide in the March 2006 death of Erin Hamley.

Norman’s trial has been postponed twice, and a pretrial hearing is now planned March 26 before Benton County Senior Circuit Judge Tom Keith.

Norman was granted medical retirement last summer due to the “enormous psychological overlay” of the incident, his attorney, John Everett of Fayetteville, has said.

If found guilty, Norman could face up to one year in jail and a $1,000 fine.

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Collision With West Memphis Arkansas Police Cruiser Driven By Police Officer James Wright Kills 16 Year Old Girl

February 22, 2007

WEST MEMPHIS, ARKANSAS - West Memphis police say a 16-year-old high school sophomore is dead from injuries she suffered when her car collided with a police patrol car speeding to the scene of a robbery.

Assistant Police Chief Mike Allen said today that Brittney Sikes’ car collided shortly before four p-m yesterday with a police cruiser driven by Officer James Wright of the West Memphis Police Department. Allen said Wright was responding to a call for assistance from another officer at the scene of a robbery on a Wal-Mart parking lot when he pulled out to pass Sikes’ car. According to Allen, as Wright’s patrol car moved abreast of the other car, Sikes tried to turn left, and the two vehicles collided.

Allen said Wright was using his patrol car’s siren and emergency lights when the accident occurred.

Sikes was taken to a hospital in Memphis, Tennessee, where she died early today. Memphis television station W-M-C – T-V said a passenger in Sikes’ car, her younger sister, was hospitalized with a broken collarbone and broken pelvis.

Allen expressed sympathy with Sikes’ family. He said he was a parent himself, and his heart went out to the girl’s family.

The assistant chief said Wright suffered only minor injuries.

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Federal Civil Rights Lawsuit Settled After Russellville Arkansas Police Officers Jeff Myers and Kari E. Powers Physically Attack, Drag Man Across Parking Lot, And Illegally Arrest The Business Owner

February 16, 2007

RUSSELLVILLE, ARKANSAS – The city of Russellville recently settled a lawsuit filed in federal court that claimed two Russellville police officers used excessive force when arresting a 79-year-old businessman in 2003.

According to a press release issued by attorney Hugh Laws, who represented plaintiff Betrand S. Hyde, the city has agreed to pay $48,000 to Hyde’s estate. Hyde died Jan. 3.

“The Hyde family is pleased with the settlement and are grateful that this long, drawn-out ordeal is finally over,” Laws said in the release. “The family feels vindicated by the dismissal of the criminal charges and the settlement of the civil case for damages.”

The lawsuit, which was in filed in April 2003 and scheduled for trial Feb. 5 before Judge Leon Holmes in the U.S. District Court in Little Rock, alleged police officers Jeff Myers and Kari E. Powers illegally arrested Hyde on Jan. 4, 2003, after they were called to Sports World bowling alley, which Hyde owned.

According to an April 10, 2003 story by Mark Scott, employees called police after “customers refused to leave the business when Hyde asked them to for violating the rules of the business.”

When Hyde approached officers to check on the investigation, “both officers forcibly took Hyde to the ground, striking his head, elbow and knees, rendering him unable to walk,” according to the press release. “The officers then handcuffed Hyde and dragged him across the parking lot to a vehicle,” and he was arrested for disorderly conduct.

According to police reports on the incident, the officers involved said Hyde ignored officers’ instructions and “attempted to escalate the situation.” Powers wrote Hyde “started to swing his arms and fists as if to strike.”

District Judge Don Bourne found Hyde guilty of disorderly conduct, and Hyde appealed to Pope County Circuit Court. The charges were later dismissed.

Nga Starzweski, a Municipal League lawyer who represented the city in the lawsuit, said the settlement was not an admission of wrongdoing.
“It came down to weighing the amount of a settlement against what it would cost to go to trial,” she said.

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Greene County Arkansas Jailer John David Dupwe Fired For Sexual Activity with Prisoner

February 16, 2007

PARAGOULD, ARKANSAS – Greene County Sheriff Dan Langston has fired one of his jailers for allegedly engaging in sexual actitivies with a prisoner.

Langston told K8 News that 22-year-old John David Dupwe has been released after an alleged sexual relationship with an Act 309 inmate who was being housed at the Greene County jail. Langston says Dupwe admitted to the relationship when questioned.

Dupwe may end up facing felony charges, as well.

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Miller County Arkansas Jailer Justin Jones Arrested, Charged After Stealing From Inmate After Calling Mother For Money

February 16, 2007

MILLER COUNTY, ARKANSAS – A jailer at the Miller County Detention Center has been arrested on a theft of property charge after allegedly stealing $250 from an inmate.

Justin Jones, who had worked at the jail for about three or four months, was arrested Thursday afternoon, said Miller County Sheriff’s Deputy Don Thornell.

His bail has been set at $50,000.

Jones allegedly stole a $250 MoneyGram that had been sent from out of state by an inmate’s mother. According to the arrest affidavit, the MoneyGram was not deposited into the inmate’s account.

The inmate was placed in the Miller County Jail on Jan.17 on charges of commercial burglary and theft of property.

According to the affidavit, on Jan. 26, Jones called the inmate’s mother and told her “jail is not a nice place for her son” and that to protect him, she should wire her son $250.

Jones then picked up the MoneyGram on Jan. 28 at the Wal-Mart Supercenter on New Boston Road.

Thornell said investigators learned of the case when the mother became suspicious and contacted the Arkansas State Police.

ASP investigator Hays McWhirter issued the warrant and was assisted by the Miller County Sheriff’s Office.

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Fulton County Sheriff Walter Dillinger Fined By Arkansas Ethics Commission For Violation Of State Compaign Ethics Codes

February 15, 2007

FULTON COUNTY, ARKANSAS – Money is the culprit in Fulton County Sheriff Walter Dillinger’s second go-round with the Arkansas Ethics Commission.

In August 2006 Dillinger signed an offer of settlement, and by doing so, admitted to violating state campaign ethics codes, according to a letter issued by the commission director, Graham Sloan.

“It is the commission’s view that such misconduct serves to undermine public confidence in the integrity of the governmental process … (the commission condemns) your misconduct,” wrote Ted Dickey, who chaired the 2006 investigation.

This time though, the reprimand is different. “The commission is hereby issuing you this public letter of caution which is advisory in nature and serves to give clear notice that your actions violated the law,” wrote the current investigation chairman, Joe Ball.

Todd Elder, the commission’s director of compliance who dealt with the most recent charges, as well as the 2006 investigation, said the charges against Dillinger stem from his failure to properly report his sources of income as well as his campaign contributions and expenditures each year, from 2003 to the present.

Chuck Dabbs, who was one of the complainants against Dillinger’s first violations, filed the current accusations against Dillinger in October 2006.

Elder said one of Dabbs’ major upsets was Dillinger’s failure to report payment for a billboard. “One of Mr. Dabbs’ biggest concerns seemed to be that he (Dillinger) spent $1,050 on a campaign billboard and didn’t itemize it as an expense,” he said.

Since that time the commission investigated Dabb’s claims, found probable cause for the charges and presented Dillinger with an offer of settlement, Sloan said.

Feb. 2 the commission issued letters to both Dillinger and Dabbs explaining the charges and outcome of their investigation.

The letter states that because Dillinger signed the written offer of settlement, he acknowledged his violations. As a result the commission issued Dillinger a public letter of caution and a $150 fine.

Interested persons can learn further information regarding Dillinger’s charges by going online to www.arkansasethics.com or can call 501-324-9602 to speak with an Ethics Commission representative.

As of press time, Dillinger could not be reached for comment.

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Arizona National Guard Colonel Donald Wodash, Deputy Chief Of Operations For 153rd Brigade, Charged In Internet Child Sex Sting After Setting Up Meet With What He Thought Was A 14 Year Old Girl

February 9, 2007

NORTH LITTLE ROCK, ARKANSAS – A colonel in the Arizona National Guard faces a child sex charge after allegedly using the Internet to arrange a late-night meeting with a police officer posing as a 14-year-old girl, authorities said Friday.

Col. Donald Wodash, who is deputy chief of staff for operations for the Army’s 153rd Brigade, was arrested late Thursday night and charged with computer child pornography, North Little Rock police spokesman Terry Kuykendall said.

Wodash, 45, of Chandler, Ariz., was released on his own recognizance at 3 a.m. Friday.

Kuykendall said Wodash engaged the investigator in a conversation and, using a Web camera, exposed and touched himself. Then authorities allege that Wodash arranged a meeting, still thinking he was chatting with a 14-year-old girl.

“A meeting was set at a predetermined location. Shortly after that, he was arrested and charged with computer child pornography,” said Kuykendall, adding that the arrest was without incident.

The Arkansas law involving computer child pornography covers a range of acts, including adults using computers to try to arrange sex with children, Kuykendall said.

Kuykendall said Wodash was in North Little Rock on business but was uncertain whether that involved Wodash’s duty with the National Guard.

Wodash posted bail and returned to Arizona on Friday, said Maj. Paul Aguirre, a spokesman for the Arizona National Guard.

Aguirre said Wodash is a full-time Army National Guard member currently assigned as director of operations in the state. In that position, he coordinates and oversees the mobilization, planning and scheduling of units that are called into service.

Aguirre said the Guard has not received any official notification of charges against Wodash and would consider what action may be appropriate under military regulations once that happens.

“Leadership is taking a look at whatever’s happening, and will take whatever the appropriate action is for a situation like this,” Aguirre said.

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Tapes Released of Fired Jonesboro Arkansas Police Officer James Turnbow’s False Call 911 Call About Officer Down

February 7, 2007

JONESBORO, ARKANSAS - On Saturday Jonesboro Police officer James Turnbow was fired after he made a false 911 call about an officer down at the Eagle’s Club in Jonesboro.

K8 News obtained a copy of the 911 calls.

Here is an excerpt of James Turnbow’s call:

“I’ve got people approaching me right now. We’ve got officers fighting, we’ve got officers down.”

Officer James Turnbow made the 911 call at around 2 a.m. on Saturday morning from the Eagles Lodge in Jonesboro.

Yates said this isn’t Turnbow’s first time involved in an altercation there, but it’s the call itself that led to the officer losing his job.

“The nature of the false call and his behavior and demeanor during that event,” said Yates.

Here is another excerpt from the 911 call:

Turnbow: “Are you getting boys down here?”

Dispatch: “Yeah, we’ve got everybody coming out there.”

Turnbow: “What’s going on?”

Dispatch: “Huh?”

Turnbow: “We’ve got officers out here… I mean, I’m out here. I’m trying to fend people off of here. You’ve got bloody noses and I don’t hear any sirens.”

Yates said that all officers on duty at the time were sent to the “fight” and all were driving on icy roads to help one officer.

An officer the dispatch officer on duty called “belligerent” in his 911 call. Here is another piece of that call:

Turnbow: “Could you please get a ******* police officer or don’t ******* call me back.”

Yates said he is unsure if any criminal charges will be filed for making the false 911 call.

“We put the facts and the circumstances of the event together and turned them over to the city attorney’s office to see if there’s sufficient evidence for a criminal prosecution,” said Yates.

K8 News spoke with Turnbow on Monday about telling his side of the story. While he expressed interest in doing so at that time, he has since not returned our phone calls.

Turnbow was honored in 2006 with a lifesaving award.

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Arkansas County Arkansas Detention Center Correctional Officer Carl Joyner Fired For ‘Violating Policies’ Regarding Conduct With Inmate

February 7, 2007

ARKANSAS COUNTY, ARKANSAS – A corrections officer at the Arkansas County Detention Center has been fired for violating the facility’s policies regarding conduct with an inmate.

Arkansas County Sheriff Allen Cheek said Tuesday that Carl Joyner was fired Monday after an investigation revealed what Cheek termed “inappropriate behavior” with one of the state 309 inmates housed at the jail. State 309 inmates are non-violent state prisoners who are sent to county jails to perform labor such as cooking and cleaning in return for being allowed to leave the state facility.

Cheek said that the investigation involving Joyner had begun in a roundabout manner. “Another jailer made a complaint about an unrelated matter,” Cheek said. “In investigating that matter, [Joy-ner’s alleged misbehavior with the inmate] came to light.”

Cheek said that he had suspended Joyner without pay last week, while Rick Newton of the Arkansas State Police investigated the second charge. When Newton completed his investigation, Cheek said, there was enough evidence to warrant Joyner’s discharge. Cheek said he had forwarded the evidence to Arkansas County Prosecuting Attorney Robert Ditrich.

“I still don’t know if he [Joyner] did anything criminal,” Cheek said Tuesday. “But it’s clear that he did violate our policy about conduct with the inmates, and I had to let him go. I had to make a clear statement that this kind of behavior will not be tolerated.”

Cheek said that a female correc

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Deputy Attorney General Acknowledges Little Rock Arkansas Federal Prosecutor Was Fired To Make Room For Bush Aide

February 7, 2007

WASHINGTON, DC – A Justice Department official acknowledged for the first time Tuesday that H.E. “Bud” Cummins was fired last year as federal prosecutor in Little Rock to make room for a former White House aide.

He denied, however, that politics played a role in that or other U.S. attorney firings across the country.

At least seven prosecutors were forced out by the Bush administration late last year, including Cummins, U.S. attorney for the Eastern District of Arkansas.

The Justice Department named Timothy Griffin as an interim replacement. Griffin, 38, is a former deputy to White House political adviser Karl Rove and former director of opposition research for the Republican National Committee.

Deputy Attorney General Paul McNulty told the Senate Judiciary Committee that Cummins was informed in a June phone call that he was being asked to resign without cause. At that point, Griffin had already been identified as an interim successor, he said.

Other removals were “performance-related,” according to McNulty.

Sen. Mark Pryor, D-Ark., said the Justice Department changed its story regarding Cummins’ departure.

“First they said that initially Bud Cummins decided to leave on his own,” Pryor said. “It’s taken many weeks to get here, but today the Justice Department admitted he was told to leave.”

Cummins said in a telephone interview Tuesday that he appreciated Pryor’s defense of his service, but that he remained a Bush loyalist who had considered leaving his post regardless.

“In my case, it’s fair to say it was handled poorly, because they could just have easily called me and said ‘You haven’t done anything wrong. You’re a champ. You’ve been a great performer for the president, and we’d like you to cooperate with us and give this other guy a job for two years,’” Cummins said.

Democrats criticized the spate of firings as ways to build the resumes of up-and-coming Republicans by placing them in prosecutor jobs for the final two years of President Bush’s term.

Pryor testified at Tuesday’s hearing that the Justice Department should acknowledge Cummins was fired for “purely political reasons.”

Democrats grilled McNulty extensively about Griffin’s appointment, skeptical that the choice was unrelated to his GOP connections.

“It sure doesn’t smell too good,” Sen. Charles Schumer, D-N.Y., said “You know that and I know that, but maybe there’s a more plausible explanation than the one that seems to be obvious to everybody.”

Schumer described Griffin as an “ambitious acolyte” of Rove.

The administration should be allowed to make personnel changes at will without facing attacks from Democrats, unless it is proved the administration is abusing its power, said Sen. Arlen Specter, R-Pa., the ranking Republican on the Judiciary Committee.

“The atmosphere in Washington, D.C., is one of high-level suspicion,” Specter said. “I want to see what actually went on, because there are very serious accusations that have been made.”

Among questions Schumer raised was whether Carol Lam was ousted as U.S. attorney in San Diego in retaliation for prosecuting former Rep. Randy Cunningham, R-Calif., and whether Rove pushed to install Griffin in Arkansas.

McNulty said Griffin represented a “fresh start” for the Little Rock office, and that he brought more prosecutorial experience to the job than Cummins when he took the job in 2001.

“The fact that he has political activities in his background does not speak to his qualifications for being the United States attorney in that district,” McNulty said of Griffin.

Griffin, of Magnolia, had been a special assistant prosecutor in Cummins’ office and prosecuted cases in the Judge Advocate General’s corps during a deployment in Iraq last year.

McNulty sidestepped questions about other fired prosecutors, including Lam, saying he would not speak publicly about reasons for the terminations.

Three Democratic senators, including Pryor, are sponsoring legislation to change a provision of the Patriot Act that gives the Justice Department authority to appoint interim U.S. attorneys for indefinite time periods.

Pryor said such appointments would circumvent the Senate’s constitutional responsibility to confirm judicial appointments.

In a hearing last month, Attorney General Alberto Gonzales said the Justice Department intends to put every new U.S. attorney through the nomination process.

But Pryor said the administration has taken the position that prosecutors do not need to be confirmed, citing a recent Justice Department filing in a complaint filed by Little Rock attorney John Wesley Hall.

Hall contends Griffin does not have authority to serve as U.S. attorney without Senate confirmation.

“They have changed their story on a couple points,” Pryor said of the Justice Department.

“They’ve been saying publicly that their intention is to nominate all these U.S. attorneys, however … they take the position they don’t have to have U.S. attorneys confirmed.”

Specter and Sen. Dianne Feinstein, D-Calif., said they support returning to the law as written before last year, setting a 120-day time limit for interim appointments.

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State Police Called In To Investigate Maximum Security Tucker Arkansas State Prison, 9 Officers Or Employees Already Fired Or Suspended

February 6, 2007

TUCKER, ARKANSAS – The state Correction Department said Tuesday it has asked state police to determine whether a criminal investigation is warranted amid allegations that computers were built at the Tucker Unit prison with smuggled parts and that prison transfers may have been sold.

Prison spokeswoman Dina Tyler said the agency would continue its internal investigation to determine what policies may have been violated, but that state police would review the file and see if criminal charges are warranted.

Nine department employees have been fired or have quit since the agency’s investigation began, Tyler said. Two other employees at the Tucker prison are on administrative leave while the investigation continues, as is one employee at the maximum-security unit at Tucker.

“If we suspect a crime may have occurred, we call in state police and turn over what we have,” Tyler said Tuesday.

Tyler said prison officials were concerned about contraband being introduced to the prison and the possible violation of disciplinary procedures.

Most recently, a Tucker prison maintenance worker was fired last week. Tyler said the worker, 55, can appeal his dismissal.

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Jonesboro Arkansas Police Officer James Turnbow Fired After Bogus 911 ‘Officer Down’ Call And Fights At Club

February 3, 2007

JONESBORO, ARKANSAS – A police officer has been fired after calling 911 and erroneously claiming there were “officers down” in a fight at a private club, the police chief said.

James Turnbow, 27, lost his job after the Friday call to the Eagle Lodge, Jonesboro Police Chief Mike Yates said. A police report showed officers responded to the club after Turnbow called dispatchers, cursing and claiming multiple officers were injured in a brawl there.

Officers arriving at the club found Turnbow with a man who had been punched in the nose. A police report by Sgt. Chris Hankins said that the suspects in the alleged fight had left and that dispatchers said Turnbow sounded “belligerent and possibly (drunk).”

Yates said he fired Turnbow on Friday for conduct unbecoming a police officer. Friday was the second time the officer had been involved in an incident at the club. Turnbow, who joined the department in October 2003, was issued a letter of reprimand in 2004 for getting into an altercation with an employee at the club, Yates said.

The police chief said the case will be turned over to the city attorney for possible criminal charges.

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Tucker Arkansas Prison Deputy Warden Sue Guirl Withdraws Resignation Tendered Amid Contraband Investigation

February 3, 2007

TUCKER, ARKANSAS –  The deputy warden at the Tucker prison says she was forced to resign in an investigation into contraband and bootleg computers. Sue Guirl — who has worked for the state Correction Department for 19 years — has withdrawn her resignation and is demanding her job back. At least six people have been fired from their prison jobs as the investigation continues. Six others have either been suspended or have resigned. Guirl says the department is trying to make her a scapegoat.

Prison officials say they are investigating a scheme to provide state prisoners with unsupervised access to computers. They say computer parts were smuggled into the Tucker prison, reassembled into working computers, and then inmates were allowed to play games, watch D-V-D movies and potentially get access to the Internet.

The department findings will be turned over to the state police once the investigation is completed.

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Newport Arkansas Grimes Unit Officer Bruce Leldon Chunn Charged With Distribution Of Child Pornography And Child Exploitation

January 31, 2007

NEWPORT, ARKANSAS – A Grimes Unit officer has been charged with various violations of federal criminal law involving the distribution of child pornography and child exploitation.

Bruce Leldon Chunn, 53, of Batesville went before a federal grand jury in Shelby County following the filing of a criminal complaint and arrest on Jan. 20.

According to David Kustoff, United States Attorney for the Western District of Tennessee, the indictment resulted from investigations conducted by member agencies of the Memphis Crimes Against Children Task Force – specifically, the FBI, ICE, Shelby County Sheriff’s Office, and Memphis Police Department.

Chunn was charged with transporting and shipping child pornography in interstate commerce by means of a computer in violation of Title 18 USC Section 2252 (a)(1); using a facility of interstate commerce (interstate instant messaging) to persuade a minor to engage in sexual activity in violation of 18 USC Section 2422(b) and traveling over state lines for the purpose of engaging in illicit sexual conduct with a minor in violation of Title 18 USC 2423(b).

The maximum penalty for transporting and shipping child pornography is not less than five (5) years and not more than 30 years in prison, a $250,000 fine, or both for each count. The penalty for using a facility of interstate commerce to persuade a minor to engage in sexual activity is the same. The maximum penalty traveling over state lines to engage in illicit sex with a minor is not more than 30 years in prison and a fine of $250,000.00. All charges carry a possibility of supervised release for life.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Assistant U.S. Attorneys Fred Godwin and Dan Newsom will be handling this case on behalf of the United States Attorney’s Office.

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Benton County Arkansas Sheriff’s Office Finds Vanload Of Wetbacks, Arrests 13

January 25, 2007

ROGERS, ARKANSAS – A routine traffic stop on U.S. 412 led to the arrest Tuesday night of 13 men suspected of being in the country illegally.

Benton County Sheriff’s Deputy Corey Coggin was patrolling near the Oklahoma state line when he stopped a van after seeing it weaving on the road and crossing the center line.

The driver identified himself as Alexander Lopez-Nieves and handed Coggin a Mexican driver’s license. Lopez-Nieves told Coggin he had been working in the fields in Colorado, said Deputy Doug Gay, public information officer.

Lopez-Nieves was asked to get out of the vehicle, according to officers. Coggin was searching the driver when he found another form of documentation identifying Lopez-Nieves as Andres Gaspar Pascual, 26, he said.

Deputy James Wall arrived on the scene to assist in the stop. He said he approached the van and noticed movement in the rear of the vehicle. Under blankets, coats and seats, deputies found 12 men ranging from age 20 to 41, none of whom spoke English, according to the news release.

Most of the men had Mexican birth certificates and prescription medication, Gay said.

Deputies notified Immigration and Customs Enforcement agents. The men were transported to the Benton County Jail. The 13 men were charged with illegal entry and placed on hold for Immigration and Customs Enforcement officers.

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Update: Batesville Arkansas Corrections Officer Bruce Leldon Chunn Indicted On Federal Child Pornography Charges

January 24, 2007

BATESVILLE, ARKANSAS - A federal grand jury has returned an indictment charging a Batesville man with various violations of federal criminal laws involving the distribution of child pornography and child exploitation.

Bruce Leldon Chunn, 53, is charged with transporting and shipping child pornography in interstate commerce by means of a computer to persuade a minor to engage in sexual activity and traveling over state lines for the purpose of engaging in illicit sexual conduct with a minor, according to the U.S. Attorney for Western Tennessee.

The indictment resulted from investigations conducted by member agencies of the Memphis Crimes Against Children Task Force, specifically the FBI, Shelby Co. Sheriff’s Dept., and Memphis Police Department. The indictment follows the filing of a criminal complaint and arrest of Chunn on Saturday, January 20.

According to U.S. Attorney David Kustoff, Chunn is employed as an officer with the Arkansas Department of Corrections.

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DNA Proves Man Is Not The Father, But Crazed Arkansas Judge Donald L. Corbin Demands He Pay Back-Due Child Support

January 17, 2007

LITTLE ROCK, ARKANSAS - A man not the father of a child must still pay child support that a court said he owed the mother before he took a paternity test, the state Supreme Court says.

The court said Thursday that Anthony L. Parker must catch up on his child-support payments to that point, as the “acknowledged father of the child” until then, even though the test showed he was not, in fact, the father.

The ruling reversed a decision by Pulaski County Circuit Judge Mary Spencer McGowan and sent the case back to her to determine the amount Parker must pay.

The decision, written by Associate Justice Donald L. Corbin, said state law and prior court cases make it clear that an “acknowledged father” cannot be relieved of past-due child support.

State law only speaks to a man’s future child-support obligations once that person has been found through testing not to be a child’s father. Associate Justice Robert L. Brown said in a concurring opinion that the court was “legislating by inference.”

Brown urged the state Legislature to clarify the law.

In the case, the state Office of Child Support Enforcement filed a paternity complaint against Parker on April 18, 2002, but Parker did not respond. McGowan entered a judgment of paternity June 20, 2002, and ordered Parker to pay $24 a week in child support and $4,446 in past-due support.

Parker did not pay the money, and the state agency filed a contempt motion against him March 7, 2003. But Parker did not appear for a court hearing on the motion, and the judge issued a pick-up order for him.

Before Parker was arrested in March 2005, the state garnished his wages from June 2004 through February 2005. Parker asked for a paternity test and was found not to be the father.

The state agency continued to pursue past-due support, but McGowan denied the request Feb. 28, 2006.

“To force a man to pay the state … payments made to a woman for a child that is not his violates all precepts of common law as to who is responsible for supporting a child,” McGowan wrote.

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Former Arkansas Prosecutor And District County Judge Jim Bob Steel Busted In Mineral Springs For Speeding And DWI

January 16, 2007

MINERAL SPRINGS. ARKANSAS – A former Southwest Arkansas prosecutor and district court judge was arrested Friday in Mineral Springs for allegedly speeding, driving while intoxicated and refusing a chemical test.

Jim Bob Steel, 57, of Nashville, Ark., was arrested about 3 p.m. Friday by Mineral Springs Police Patrolman Jeff Witherspoon on Arkansas Highway 355, said Mineral Springs Police Chief Billy Kuykendall.

It was Steel’s second arrest in the past 19 months involving traffic incidents.

Kuykendall said the patrol officer was using radar and recorded Steel’s vehicle traveling 49 mph in a 35-mph zone within the city limits.

“He was originally stopped for speeding, not for drinking,” said Kuykendall.

Steel drove just outside the city limits before stopping for the officer, he said.

Witherspoon reportedly found an open can of beer in the vehicle.

Under Arkansas law, when a driver signs the driver’s license, it gives implied consent the person will submit to blood or breath tests.

If the driver refuses to take the breath or chemical tests, the officer can make an arrest on DWI charges based on their driving and actions at the time of the traffic stop.

“He refused all field sobriety tests and chemical tests,” said Kuykendall.

“He refused all field sobriety tests and chemical tests,” said Kuykendall.

Witherspoon took Steel to the Howard County Jail in Nashville where he was charged with speeding, misdemeanor driving while intoxicated and refusing a chemical test, said the police chief.

Steel was released to the custody of his daughter at the jail.

Steel is to appear in Howard County District Court Feb. 15 to enter a plea to the three charges.

He was not immediately available for comment on Monday.

On June 17, 2005, Steel was driving his 1999 Nissan Maxima on Arkansas Highway 355, north of Tollette, when it collided with a van.

According to reports, Steel crossed the center line and collided with the van.

He was arrested on charges of leaving the scene of an accident involving injuries, a Class D felony.

He was later found by law enforcement officials at his home.

Steel was also arrested on charges of misdemeanor driving left of center.

The felony carried a potential sentence of up to six years in prison and a maximum fine of $10,000.

The collision was investigated by the Arkansas State Police.

At the time of the 2005 incident, Steel was the Pike County District Court Judge in Murfreesboro.

Steel served as the Ninth Judicial District-West prosecutor from 1982 to 1994. The district where Steel was the prosecutor included Little River, Howard, Sevier and Pike counties.

The investigation into the collision in June 2005 by State Police Trooper Nate Wilson showed Steel had alcohol in the car.

Despite alcohol being found in his abandoned vehicle, Steel wasn’t given a Breathalyzer test because he wasn’t in the car when police arrived at the accident scene, according to reports.

Breath tests are usually done on the scene and not at a secondary location.

Steel was represented by Texarkana attorney Jeff Harrelson.

A civil lawsuit was filed by the family involved in the wreck and was eventually settled out of court.

The lawsuit sought reimbursement for medical expenses, lost wages, pain and suffering and mental anguish.

Billy Stewart Sr. was the driver of the van and the passengers were Tracy Staton, 31, Billy Stewart Jr., 7, Keyshaun Stewart, 3, Jawara Stewart, 13, and George and Mary Stewart, both 55.

The settlement for the children included: Billy Stewart Jr., $3,875; Jawara Stewart, $6,650; and Keyshaun Stewart, $1,200.

The settlement for the adults involved in the collision was undisclosed, records show.

In a plea agreement reached on the criminal charges involving the accident, Steel resigned as the Pike County district court judge May 11, 2006.

He was assessed an $800 fine after pleading guilty to assault in the first degree, a misdemeanor charge for leaving the scene of a two-vehicle crash. Harrelson said assault in the first degree has a definition where reckless behavior is an element of the law.

Steel can continue to practice law in Arkansas.

Attorney LeAnne Daniel of Nashville was appointed by then-Gov. Mike Huckabee to fill the unexpired term of Steel.

Daniel also serves as the Mineral Springs city attorney.

Harrelson, contacted Monday, was unaware of last week’s traffic incident and had not been contacted by Steel.

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No Rape Charges Filed Against An Arkansas District Attorney’s Star Witness In Murder Case After Teen’s Report In Russellville

January 14, 2007

RUSSELLVILLE, ARKANSAS – Fifth Judicial District Prosecuting Attorney David Gibbons decided Friday night not to file charges in connection with an alleged rape during a Dec. 28, 2006 party at the home of Ryan Whiteside.

Whiteside is expected to testify in the murder trial of Kevin Jones, who is accused of killing his girlfriend Nona Dirksmeyer. Chelsea Huckabay, another expected witness in the trial, was interview by police in connection to the alleged rape.

In a Jan. 12 letter to Arkansas State Police Special Agent Stacie Rhoads, Gibbons wrote rape suspect Jeffrey Simmons, 20, admitted to having sexual intercourse with the accuser Dec. 28. Gibbons wrote the case

wasn’t strong enough to prove the rape allegation because the ASP’s interview with Huckabay “produced a scenario diametrically opposed” to what was alleged in the initial police report, and because of text messages sent by the accuser to Simmons the day after the alleged incident.

“There was a lack of evidence for prosecution,” Gibbons said when reached Saturday morning.
Addressing rumors circulating since The Courier first reported the allegations Thursday, Gibbons said the accuser did not recant her allegations.

Background

According to a Russellville Police Department incident report, an 18-year-old woman and her cousin reported to Officer Lee Goemmer Dec. 31 she believed she had been sexually assaulted at a party Dec. 28. She told police she woke up in the North Greenwich house naked and sore, but could not remember what had happened. She told police she had never had sexual relations with anyone involved, according to the report.

The cousin made a written statement to police that Huckabay contacted her earlier on Dec. 31 and told her Simmons gave the accuser half a tab of Ecstasy in a glass of water, and later Huckabay heard her crying in the bedroom while Simmons was having sex with her.

The cousin said Huckabay gave a graphic account of sexual acts committed by Simmons and Whiteside against the accuser. Huckabay said if the accuser “wanted to do anything to call her [because] she knew what had happened,” according to the cousin’s statement.

Based on the conversation the cousin had with Huckabay, the accuser decided she should report the incident to police.
The clothes the accuser wore to the party were taken into evidence, and a rape examination was conducted at St. Mary’s

Regional Medical Center.

Det. Jason Crabb contacted the Arkansas State Police Jan. 2 and turned the investigation over to Special Agent Stacie Rhoads.

The ASP investigation

Rhoads interviewed the accuser Jan. 2. The accuser said she had known Simmons for “quite some time,” and he had invited her to the party via text message Dec. 28. She said she consumed two beers and a shot of vanilla rum, and became intoxicated very quickly, which she found unusual, according to the report.

The accuser told investigators someone gave her a cup of water later in the evening, although she did not know who, and “the remainder of the evening was blurry and she could not recall much of the night’s events.”

She said she “would not have consented to sexual intercourse with anyone at the party,” according to the report.

The accuser woke up the next day naked and in bed with Simmons, who was wearing boxer shorts and a T-shirt, and Jones, who was fully dressed, according to the report. She dressed and called a friend to pick her up, she told investigators.

She said she received several text messages from Simmons that day “to which she replied and inquired about sexual contact,” according to the report.

When interviewed by the ASP Jan. 2, the accuser’s cousin “provided the same details as previously provided in her written statement,” according to the report. She also told investigators the accuser was “not the type of person who would put herself in this type of situation.”

Huckabay told investigators Jan. 4 she “didn’t feel that [the accuser] was being made to do things she did not want to do,” according to the report. Huckabay also denied telling the accuser’s cousin she saw anyone giving the accuser drugs, or that she saw Whiteside having sexual contact with the accuser, according to the report.

She did admit to giving the accuser alcohol and telling the cousin she would provide information to the police about the incident, according to the report.

Simmons, interviewed in the presence of his lawyer Jan. 5, admitted to having sexual intercourse with the accuser, but said it was consensual.

He told police he drank “an ample amount of alcohol while playing drinking games” and the accuser had been “all over him,” according to the report.

He turned over several text messages she sent him the next day, which the ASP confirmed came from the accuser’s cell phone.
Rhoads wrote “it was apparent that [the accuser] had some knowledge of the events and even joked with the encounters.”
The report included the content of the text messages the accuser sent.

“Ok..not that I don’t already feel easy seein that weve hung out twice now..and everyone there prolly thinks im a whore..haha..but I also did that classic lose an earring and im betting in bed..so..if somone finds a random earring its mine..haha..[sic],” the accuser texted to Simmons at 12:44 p.m. on Dec. 29.

“Haha…I am SO sorry…i honestly don’t remember most of last night..and I don’t know how I got drunk so fast..im such a lightweight!! [sic]” she texted at 1:12 p.m. that day. There were seven more messages to Simmons from the accuser made that day.

The accuser admitted to investigators she had sent the messages because she wanted “to be cool about it.” She said she changed her mind when she heard “what Huckabay had observed she felt she had been violated,” according to the report.

The accuser agreed the text messages “looked bad for her but she maintains she did not consent to having sex with anyone at the party,” according to the report.

There is no mention in the ASP report about the results of the rape examination or any findings of physical evidence on the accuser’s clothes. Gibbons said no tests for physical evidence will be conducted.

“I don’t feel it’s particularly significant since it was admitted there was sex,” he said.

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Former Arkansas State Police Trooper Joe Hutchens Sentenced To 5 Years On Child Pornography Charges

January 11, 2007

BENTONVILLE, ARKANSAS –  A retired Arkansas State Police trooper has pleaded guilty in Bentonville to child porn charges and was sentenced to five years in prison.

Sixty-year-old Joe Hutchens of Bella Vista, who is also a former bailiff, must additionally register as a sex offender.

Hutchens told Circuit Judge Tom Keith that he felt — quote — “humbled, embarrassed and ashamed” — of his actions.

Hutchens retired in May 2004 after working 28 years as a state trooper. Most recently, Hutchens was the bailiff for Circuit Judge David Clinger in Benton County.

Hutchens was caught by an F-B-I unit that targeted crimes against children. His wife and two daughters were present for yesterday’s sentencing.

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Arkansas Highway Patrol Sergeant John W. Vickers Sentenced To 2 Days Of Community Service For Drunk Driving

January 10, 2007

BAXTER COUNTY, ARKANSAS – An Arkansas Highway Police sergeant was sentenced Tuesday to two days’ community service for his first offense of driving a vehicle while intoxicated.

Sgt. John W. Vickers, 46, was arrested in October after a Mountain Home police officer saw him speeding and swerving on U.S. Highway 62.

When Vickers stepped out of his truck, it began rolling backwards, but he did not notice until the officer told him to put his foot on the brake.

Two breath tests registered an intoxication level of 0.17 of 1 percent, more than twice the legal limit, according to a police report.

Vickers was charged with driving while intoxicated, careless driving and not wearing a seat belt. On Dec. 19, he pleaded no contest and was found guilty of the charges, according to court records.

Baxter County District Judge Van Gearhart sentenced Vickers, who was not present because he lives out of the county, to 90 days in jail with all but three days suspended, gave credit for one day of jail time served, and ordered the remaining two days to be served in community service.

Vickers also was ordered to attend a DWI class at Southwest Arkansas Counseling & Mental Health Center in Texarkana, and was ordered to pay $750 in court costs and fines, plus a $10 public defender fee.

Vickers officially holds his title but is on leave without pay with the Highway Police Division, said Ronald Burks, chief of the Highway Police Division.

Arkansas Highway Police protect the state highways by enforcing Arkansas’ size and load laws. Commercial vehicles are monitored for speed and traffic violations, and commercial truck registration and motor fuel tax laws are enforced, according to the Arkansas State Highway and Transportation Department’s Web site.

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Bail Bondsman’s Drug Case Seperated From Former Lonoke Arkansas Police Chief Jay Campbell’s Corruption Trial. Chief’s Wife Kelly, Former Police Dispatcher Amy Staley, And Former Mayor Thomas Privett Also Face Charges

January 7, 2007

LONOKE, ARKANSAS – A bail bondsman in a Lonoke County corruption case will be tried separately from the other defendants.

Larry Norwood also won’t be prosecuted on the count of engaging in a “continuing criminal organization” as originally charged, Prosecutor Lona McCastlain said Friday after Norwood’s attorneys argued that the alleged violation didn’t fit the definition of the crime.

Special Circuit Judge John Cole set a May 1 trial date for Norwood on a single felony drug charge _ conspiracy to manufacture methamphetamine.

The trial date for former Lonoke Police Chief Jay Campbell, his wife Kelly, and bondsman Bobby Junior Cox remains Feb. 20.

Former Lonoke Mayor Thomas Privett and former Lonoke Police Department dispatcher Amy Staley also face charges in the investigation. Privett is to stand trial Jan. 17 on a misdemeanor theft charge. Staley faces counts of engaging in a continuing criminal organization and third-degree sexual assault. Her trial date is Jan. 18.

Friday, the judge said he would rule later on a request by Jay Campbell’s lawyer, Patrick Benca, to suppress evidence found at the Campbells’ home.

Benca argued that the affidavit requesting to search the home for certain items didn’t include information that would give the court reason to believe the items would be in the home.

Chief Deputy Prosecutor Stuart Cearley said the court was allowed to assume the officer was seeking the warrant in good faith.

The prosecutor last summer filed dozens of charges, in various combinations, against the five defendants.

The charges against the former police chief include engaging in a criminal organization or enterprise, conspiring to make methamphetamine, hindering apprehension or prosecution, filing a false report with law enforcement, obtaining a controlled substance by fraud, theft of property, falsifying business records and theft of services.

His wife was charged with illegally obtaining drugs, money and personal property and having sex with prisoners. The bondsmen were accused of taking part in a conspiracy to make methamphetamine and using it to frame someone else who had jumped bail.

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Former Shannon Hills Arkansas Police Chief John Brown In Custody After Skipping Home Confinement After Appeal Failed – Previously Sentenced To 25 Years In Prison

January 7, 2007

SHANNON HILLS, ARKANSAS – The former Shannon Hills police chief is in the Saline County Detention center this evening.

That’s after John Brown turned himself in to Sheriff Phil Mask Saturday afternoon.

Thursday, the Arkansas Supreme Court affirmed his 2004 conviction on a sexual assault charge and his 25 year prison sentence.

During the appeal process, Brown had been free on bond — though still under house arrest.

But, when police came to his home on Thursday, Brown was not there.

Sheriff Phil Mask, picked Brown up Saturday afternoon. Mask says he wanted to see his family.

“Once the ruling came down he learned he would have 25 years to do in the Arkansas Department of Correction,” said Sheriff Mask. “He said he just got scared, tore the bracelet off and ran. He said he had every opportunity to leave the state. He chose to stay in Saline County.”

Brown is currently under close observation at the Saline County Detention Center. Prosecutors will determine if Brown will face any additional charges.

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Former Shannot Hills Arkansas Police Chief John Hamby Brown, Convicted Of Child Molestation, Sentenced To 25 Years In Prison For Sex, Free Under House Arrest Pending His Appeal, Hauls Ass When His Conviction Is Upheld

January 5, 2007

SHANNON HILLS, ARKANSAS – Shannon Hills police and Saline County deputies are searching today for John Hamby Brown, a former Shannon Hills Police Department chief who was under house arrest for a September 2004 conviction of first-degree sexual assault.

Brown, 50, had been sentenced to a 25-year prison term and was free on an appeal bond until his case was decided by the Arkansas Supreme Court. The decision handed down by the high court Thursday affirmed Brown’s conviction and sentence.

Rebecca Bush, a deputy prosecutor in Saline County Prosecuting Attorney Ken Casady’s office, said the former law officer had been ordered by the court to remain under house arrest on an ankle monitor. Following the court’s decision, Brown left his residence, violating the terms of his release, Bush reported.

After learning of Brown’s action, Casady immediately moved to have Brown’s bond revoked and Judge Grisham Phillips signed an order of revocation, Bush said.

A warrant has been issued for the arrest of Brown, who authorities said should be considered armed and dangerous. Police reportedly have learned that Brown had threatened to harm certain court officials.

Anyone having knowledge of Brown’s whereabouts is asked to contact 911; Chief Richard Friend of the Shannon Hills Police Department at 680-3253; the Saline County Sheriff’s Department at 303-5608; or local law enforcement.

In Brown’s appeal to the Supreme Court, he argued that the circuit court’s jury’s guilty verdict was not supported by substantial evidence. He claimed that the trial court erred in finding that a calendar was protected by the work-product doctrine; that the trial court by denying him a right to a full, fair and public trial; that the trial court erred in denying Brown a recognized defense; and that prosecutorial misconduct denied him a fair trial.

In the court’s ruling, written by Chief Justice Jim Hannah, it states: “We hold there is no error and affirm.”

The ruling noted that the case had come to the court by way of a petition for review and pointed out that the court of appeals previously reversed and remanded the case.

“When we grant a petition for review, this court reviews the case as if the appeal had originally been filed in this court,” Hannah’s ruling stated.

The victim in the Brown case was Brown’s 15-year-old niece, who told authorities that Brown assaulted her in the summers of 2002 and 2003. She testified that Brown cuddled up to her, inappropriately rubbed her back and stomach and digitally penetrated her.

In Brown’s testimony at his trial, he attempted to convince the jury that the victim should not be believed because she could not recall dates and contradicted herself on events and dates. during cross-examination, Brown discovered the state had a calendar setting out events and dates. He argued that producing the calendar at that time was a discovery violation and that the circuit court erred in finding at trial that the calendar as a work product.

Brown also claimed that he was denied the right to a full, fair an public trial when the court excluded members of the victim’s family from the courtroom while she testified. The state had moved to exclude the family member and Brown opposed his

The circuit court judge stated that the decision to remove family members on both sides from the courtroom was done to make certain that the witness could testify free of intimidation.

In Brown’s trial, Deputy Prosecutor Emily White produced discrepancies on documents that were prepared each time Brown was employed at a different police department. These indicated that Brown embellished his qualifications and certifications as he left one department for another.

Brown testified that he merely signed these documents, which were prepared by someone else. In his testimony, he stated that it was “obvious now they weren’t prepared properly.”

One of the witnesses in Brown’s trial was Karen Brown, John Brown’s wife, who was convicted of embezzlement from the city of Shannon Hills.

She was sentenced to five years with the Arkansas Department of Correction in December 2003 and has been released from prison, Bush said.

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Shot From Fort Smith Arkansas Police Officer’s Gun Kills 41 Year Old Woman, An Innocent Bystander

January 4, 2007

FORT SMITH, ARKANSAS – A bystander was fatally shot by a police officer in a shootout with a suspect, authorities said Wednesday.

Olivia Stewart 41, was in the parking lot of an apartment complex a block away when she was caught in the crossfire between police and a man with a sawed-off shotgun on Dec. 12, police said.

The shooting had erupted after police, who were called out to investigate a man with a gun, pulled over a car with Gary Nixon inside.

Police have said Nixon got out of the car and exchanged gunfire with Officer Jeff Carter and Cpl. Ron Scamardo. Nixon surrendered following a chase.

“Our investigation leaves no doubt that the bullet which struck Ms. Stewart came from the firearm of the officer who initiated the traffic stop,” the Fort Smith Police Department said in a news release.

The two officers involved in the arrest have been cleared by the prosecutor’s office and an internal investigation and have returned to work, the release said.

Nixon has been charged with murder in Stewart’s death, plus two counts of attempted murder, felon in possession of a firearm, and two counts of aggravated robbery. He also was charged as a habitual criminal.

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Son Of Former Herber Springs Arkansas Police Chief Arrested For Staling Child On The Internet

January 3, 2007

HEBER SPRINGS, ARKANSAS – The son of a former Heber Springs police chief was arrested Sunday for Internet stalking of a child. Joe M. Brown, 42, of Greenbrier, son of Bill Brown, became the fourth person nabbed in the ongoing Heber Springs Police Department Internet sex sting.

Brown reportedly made contact with a person he thought was a 13-year-old girl, who was actually an undercover officer. He reportedly made the contact while he and the perceived girl were on the Internet. According to a report by Detective Sergeant Chad Meli Brown conducted a sexually explicit conversation over the computer and agreed to meet girl in Heber Springs. He said he would meet around 1 p.m. Sunday. Brown arrived at the predetermined location just after 1 p.m. and was arrested without incident.

He agreed to allow officers access to his home computer in Greenbrier and accompanied officers to his residence. Detective Keith Douglass said yesterday he was going to search Brown’s computer for child pornography and review any Internet chat transcripts Brown had conducted. Additional charges may be filed, depending on what is found on the computer.

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Former Veteran Gentry, Arkansas Police Officer Charles Harp, A Convicted Child Molester, Moved Out Of State To A Missouri Prison

January 3, 2007

BENTONVILLE, ARKANSAS – State Department of Correction officials moved former Gentry Police Sgt. Charles Harp to a Missouri prison in December because of his law enforcement background.

“It was felt, because of his law enforcement ties, that it would be better for him to do his time there,” said Dina Tyler, spokeswoman for the department.

Harp, 39, is serving a seven-year sentence for having repeated sex with a girl he befriended and mentored when she was 16 and 17 years old.

The nature of Harp’s case makes it particularly high-profile, Tyler noted.

Of the department’s 13,279 inmates, 30 are being housed in other states under an Interstate Corrections Compact. Inmates are moved for both management and safety reasons, Tyler said.

One other police officer from Benton County, Ian Jay Smith, is currently housed in the North Central Unit near Calico Rock, serving a 30-year prison sentence for rape. Smith’s victims were adults.

Harp was a 10-year veteran of the Gentry Police Department and had supervised the criminal investigation division. He began tutoring the girl after school in math and English about a year before, and she considered Harp a father figure, according to court records.

He pleaded guilty in August before Benton County Circuit Judge Tom Keith to second-degree sexual assault. He must serve at least 14 months before he’s first eligible for parole.

Two former Arkansas State Police officers have criminal cases pending, also before Keith. Joe Hutchens, 60, who retired after 26 years of service as a trooper, was charged in 2005 with possessing sexually explicit photos of children. At the time, he was working as a bailiff for Circuit Judge David Clinger.

Hutchens is to appear in court Monday.

Larry Norman, who is now on medical retirement from the state police, is charged with misdemeanor negligent homicide in the March shooting of an unarmed, disabled man whom police mistook for a Michigan prison escapee.

A jury trial for Norman is set for March 6.

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Former Springdale Arkansas Police Chief Gary Payne Shoots And Kills Himself At Home

December 25, 2006

SPRINGDALE, ARKANSAS – Former Springdale Police Chief Gary Payne died Friday at age 54.

Paramedics found Payne dead of a single gunshot wound to the head at his residence on Kendra Avenue at approximately 9:20 a.m. Friday, according to dispatch logs at the police department.

Police are investigating it as a suicide, according to Chris McCarville, public information officer for the Springdale Police Department.

Payne, who grew up in Springdale, began with the police department as an 18-year-old dispatcher and worked his way to police chief in 1993. He retired from the police department in June 1997, according to Truman Brewer, another former Springdale Police Chief.

“He turned 21 while he was at the Police Academy,” Brewer said. “When he became a man, he became a patrolman.”

Brewer remembered Payne as a practical joker in the office but a professional on the streets.
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“He liked to do a lot of card tricks,” Brewer said. “But he could be serious. He could do everything in the department. At one time or another he was the public relations officer, training officer and detective all the way up to chief.”

City Attorney Jeff Harper worked with Payne both as a patrolman and city prosecutor.

“Chief Payne trained me when I went to work right out of high school as a dispatcher and rode with me when I made patrolman,” Harper said. “He was always very professional with the public.”

Funeral services are pending through Sisco Chapel in Springdale.

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Saline County Arkansas Sheriff Phil Mask Admits To Illegal Gun Sales, Probe On Funds Use Continues

December 22, 2006

Phil MaskSALINE COUNTY, ARKANSAS ? Looking subdued and contrite, Saline County Sheriff Phil Mask admitted selling firearms in a way which violated both the law and a court order.

In an appearance before three circuit court judges last week in Benton, Mask also acknowledged sloppy evidence custody.

He apologized and promised the judges he would to do better in the future. Later he called for a “healing” process to end the bitter three-way political in-fighting between him, his cousin County Judge Lanny Fite and the prosecuting attorney’s office.

But prosecuting attorney Robert Herzfeld said Mask isn’t off the hook yet, indicating criminal charges might be filed in connection with what Herzfeld called a “slush fund” used to “launder” money.

The prosecutor discovered the funds in the course of a continuing investigation the judges originally ordered into the gun sales and evidence storage, but which expanded into new areas.

“I’m not going to discuss that,” the sheriff told reporters after appearing before the judges. He was advised to invoke the 5th Amendment injunction against self-incrimination during an earlier deposition conducted by Herzfeld.

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Former Camden City Attorney/Ouachita County Arkansas Prosecutor Benton Rollins Arrested On Drug Charges During His Arrest On Two Counts Of Manslaughter

December 21, 2006

OUACHITA COUNTY, ARKANSAS – A former deputy prosecutor has been arrested on drug charges after officers served him with a warrant on unrelated manslaughter charges.

The Ouachita County Sheriff’s Department says 58-year-old Benton Rollins scuffled with a deputy when served with the warrant on Monday. A police report says that as the deputy placed Rollins in handcuffs, two crack cocaine pipes fell on the floor.

Rollins, a former deputy prosecutor in Ouachita County and the former Camden city attorney, also is charged with two counts of manslaughter for the deaths of two people in a March 22nd traffic crash in Perry County.

Ouachita County Circuit Court Judge Edwin Keaton set Rollins’ bond yesterday at $10,000 for the drug charges. Rollins then was taken to the Perry County jail, where he posted bail and was released.

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Pine Bluff Arkansas Police Officer Jimmy Frizielle Convicted of Conspiracy To Commit Murder

December 9, 2006

PINE BLUFF, ARKANSAS - Prosecutors got a result they liked better the second time they put former Pine Bluff police officer Jimmy Frizielle on trial.

He was accused of offering to kill two people who had a running dispute with a neighbor, and was charged with conspiracy to commit capital murder.

In June, a mistrial was declared when jurors deadlocked 6 to 6, unable to agree on a verdict. Last night at Pine Bluff, a new jury convicted the 42 year old Frizielle and recommended a six-year sentence.

Circuit Judge Berlin Jones imposed the sentence recommended by the jury. Frizielle could have faced up to 30 years in prison.

Prosecutors said Frizielle offered to kill Tim and Lori Puddephatt for $50,000 in the fall of 2004. The Puddephatts were engaged in a year-long disagreement with neighbor Sandra Jacks.

In testimony yesterday, Jacks said Frizielle offered to make the couple, “disappear completely, forever and ever,” while responding to a disturbance call in their neighborhood.

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Crawford County Arkansas Drug Case Reversed After Illegal Search By Deputy Sheriff Jeff Smith

December 8, 2006

LITTLE ROCK, ARKANSAS – A videotape of a 2004 traffic stop in Crawford County supports an Arizona man’s claim a deputy sheriff lacked reasonable suspicion to search his vehicle, a divided state Court of Appeals said Wednesday.

In a 6-3 decision, the appeals court found Crawford County Circuit Judge Mike Medlock erred in denying Anthony Manriquez Enriquez’s motion to suppress evidence seized in a vehicle search. The court reversed Medlock’s ruling and sent the case back to circuit court.

Sheriff’s Deputy Jeff Smith pulled Enriquez over for driving too closely to another vehicle, the court said. During the traffic stop, Smith discovered Enriquez’s driver’s license was suspended. The officer gave Enriquez a warning for following too closely but did not cite him for driving with a suspended license.

When Smith asked for permission to search the car, Enriquez refused and the officer immediately removed a dog from his patrol car and walked it around the car, then searched the car. The officer found several large bundles of marijuana in the trunk of the car, according to the court record.

Enriquez pleaded guilty to possession of marijuana with intent to deliver and received a 15-year suspended sentence.

However, he argued on appeal Smith had no justification to detain him and search the car after citing him.

Smith testified in court he became suspicious because Enriquez seemed nervous, the rental car he was driving had a “lived-in” look and Enriquez’s travel plans — he said he was driving from Nevada to New York and had the car for three weeks — were suspicious.

Smith also said he would not have allowed Smith to drive away from the scene with a suspended license. The marijuana would have been found anyway when the car was impounded, the state argued.

The Court of Appeals found Enriquez’s nervousness, the fact that items were scattered in the car and Enriquez’s stated travel plans were not reasonable grounds for detention. The court rejected Smith’s claim he would have impounded the vehicle.

“It is apparent that Smith did not impound the car, and his actions as shown on the videotape belie his assertion at trial that he was not going to allow the vehicle to leave,” Judge Josephine Linker Hart in the majority opinion.

Judges Sam Bird, Olly Neal, Larry Vaught, Andree Layton Roaf and Wendell Griffen joined in the majority opinion.

In a dissenting opinion, Judge Terry Crabtree said Smith’s failure to tell Enriquez his vehicle would be impounded did not necessarily mean Smith would have allowed the vehicle to leave.

“I know of no rule requiring an officer to inform a traffic offender about his subjective intentions and planned course of action,” Crabtree wrote.

Chief Judge John Pittman and Judge David Glover joined in the dissent.

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Lawsuit Seeks Removal Of Carroll County Judge Ulys K. Smith, Sheriff Chuck Medford, And Clerk Shirley Doss, Names Others Including Prosecutor Tony Rogers

November 6, 2006

BERRYVILLE, ARKANSAS - A lawsuit seeking the removal from office of County Judge Ulys K. Smith, Sheriff Chuck Medford and County Clerk Shirley Doss was filed Tuesday afternoon in Carroll County Circuit Court.

The class action was filed by Attorney Cindy Baker and former Public Defender Rachel Runnels, and also names the individual members of the Quorum Court, and Prosecuting Attorney Tony Rogers as defendants.

The action is brought by 17 county citizens, including John Reeve, husband of co-defendant and Quorum Court member Eva Reeve. Further, Baker is Mrs. Reeve’s attorney.

Baker stated Tuesday morning that Justice of the Peace Reeve is anxious to get to the bottom of what she says appears to be illegal expenditures of county funds dedicated to the construction and operations of the county detention center.

Some observers speculate that the action is politically motivated on the eve of Tuesday’s general election. However, JP Reeve began questioning the expenditures in May, and stated in October that the timing was coincidental.

The suit alleges illegal exaction by Medford and others; and misfeasance, malfeasance, nonfeasance and incompetence in office on the part of Smith, Medford and Doss.

Misfeasance consists of unknowing wrongdoing, malfeasance is deliberate wrongdoing or corruption, and nonfeasance is wrongdoing by failing to act.

The filing follows receipt of a report by state auditors based in Harrison covering the expenditures of the county’s jail sales tax fund between Jan. 1, 2004 and May 31, 2006.

The report states that Sheriff Finance Clerk Pam Webb was unaware of the existence of the County Financial Management System Manual. “While there are unintentional errors in miscoding,” the report states, “the miscoding of the two vehicles by the Sheriff was not an error. He deliberately coded them that way because he did not have any money left in the Capital Outlay category of the budget. Unfortunately, internal control procedures were ignored as the County Clerk purposely allowed his use of improper codes and willingly let these improper claims be submitted to the County Judge for his approval.”

The report, which Reeve has described as more strident than that from the Joint Legislative Audit Executive Committee in Little Rock, found comparatively little wrong in 2004.

However, in 2005 some expenditures exceeded the appropriated amount in the “Other Services and Charges” line item by $2,995.

In questioning Medford, auditors were not given an explanation for not pro-rating the salary of Maintenance Supervisor Alan E. Hoos between Fund 01, the sheriff’s office, and Fund 03, the Jail Sales Tax Fund.

In October 2004, then County Judge Mike Botelho told Doss, County Treasurer Cindy Collins and Webb that, based on the floor area of the detention center and sheriff’s office, utilities should be pro-rated with 84.6 percent for the jail, and 15.4 percent for the sheriff’s office.

But auditors also noted instances of shared costs between the sheriff’s office and jail during the review period which were not allocated between the two funds. The report states that Webb said that electric, gas and water bills are mailed directly to Doss’s office and processed there, and appeared to be unaware that utility costs were not being allocated between the two funds.

Auditors noted that of 11 disbursements, totaling $534,072, one line item of $175 was miscoded by line item but not by category, in 2004.

In 2005, the report states, “we examined 25 disbursements, totaling $5,286, and noted two items totaling $298 that were miscoded.”

The report further states, “For the period Jan. 1, 2006, through May 31, 2006, we examined 10 disbursements totaling $5,882, and noted no miscoding.”

The report takes separate note of the purchase of three vehicles, totaling $56,950, by the Sales Tax Fund during 2005.

Of the purchase of two of the vehicles, the report states that they “were miscoded on the claims submitted to the Clerk’s Office; one vehicle was coded to budget line items number 27 ‘Other Sundry’ and the other was coded to budget line item number 87 ‘Other Miscellaneous.’ The Sheriff acknowledges the handwriting indicating budget line item to be charged is his. The County Clerk processed the two claims; however we have been unable to located the original claims to determine if the claims were approved by the County Judge or his designated representative.

“If these two vehicles had been charged to the budget as Capital Outlay,” the report continued, “then Capital Outlay expenditures for the year would have exceeded the budgeted amount by approximately $31,500.”

Auditors also note that the three vehicles are being driven by the sheriff, a criminal investigator and a deputy, and that assets have not formally been assigned between the jail facility and sheriff’s department.

The report also refers to a news story regarding payment from the jail sales tax fund to construct a bathroom in the sheriff’s private office in March, at a cost of about $2,000; and contract labor to transport prisoners, who should be on the county payroll, and who was paid $10,500 from the Jail Sales Tax Fund in 2005 and 2006, even though he works directly under the supervision of the sheriff’s office.

In summation, the auditors’ report states that other than telephone bills, it does not appear that shared costs are being allocated between the sheriff’s office and the jail, and that a memo from Botelho advising how to allocate shared utility costs has never been implemented.

As for the bathroom, the report stated “one could argue a technical violation as it could have been coded to Capital Outlay, but the costs are immaterial when compared to the estimated $6.7 million price of the jail facility and sheriff’s office building. Furthermore, the ballot title (approved by county voters in 2000) states that the tax can be used to ‘construct and equip a jail facility and sheriff’s department’ and these expenditures appear to be an allowable use of this tax.”

Baker stated Tuesday morning that to avert possible bankruptcy of the county, the suit seeks to recover the money in question from the bond Doss is required to post as county clerk. Further, she said, in light of JP Reeve’s attempts to get adequate financial information regarding the disbursements from Medford, that “the taxpayers rely on the quorum court” to see that the money is spent in accordance with the law. “There has been too much gridlock,” Baker said.

Regarding spending by the county, Baker said that Smith has three responsibilities, to see that: warrants for payments are accurate and properly appropriated; that the budget is not overspent; and that the expense being claimed is a proper use of the funds.

The criminal allegations against the defendants are misdemeanors.

Richard Williams, the Republican candidate in next week’s election for county judge, against incumbent Smith, stated that in discussion with state auditor Mark Marley, who is assigned to Carroll County, Marley stated that, despite Smith’s public statement to the contrary, he did not tell Smith to directly address accounting errors, which would be an usurpation of the quorum court’s responsibilities and powers.

In a press release issued Tuesday afternoon by Baker and Runnels, they stated that “the lawsuit has been filed to enforce the constitutional rights of the taxpayers, and to require the government to live up to the promises that were made to the taxpayers when this tax was placed on the ballot.”

The press release also states that there are no punitive damages or other miscellaneous damages being sought, and that the lawsuit is “to require officials to put the money back that was wrongfully spent.”

The two attorneys also stated that the “matter was orginially addressed to the Quorum Court, the legislative body of the county,” and as of Oct. 31, “there has been no action taken by the Quorum Court or the Prosecuting Attorney.”

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Texas Prison Guard, Roy Rogers Robinson Jr. Arrested, Charged After Trying To Steal Cash From ATM

October 18, 2006

ASHDOWN, ARKANSAS – A Texas prison guard and his brother have been charged with attempting to steal cash from an automated teller machine.

Roy Rogers Robinson Jr., 25, is a guard at the Telford Unit of the Texas Department of Criminal Justice, Little River County Chief Deputy Ken Sutton said.

“When we talked to him, he told us, “You’re not going to believe what I do. I’m a prison guard,’” Sutton said.

Sutton said Robinson reported having money problems.

“His youngest brother and his sister had moved in with him and his wife. They said they just didn’t have enough money to support them and got behind on bills. They were fussing and fighting and the younger brother said, `Let’s get some money’ and that’s what started it,” Sutton said.

Ronnie Glenn Robinson, 17, was also charged and will be tried as an adult. A hearing was set for Oct. 24.

The Robinson’s live at Nash, Texas. Bond for both men was set at $100,000 each.

According to Sheriff Danny Russell, the suspects broke into an ATM machine and attempted to steal money from it. A surveillance camera caught images of both men, he said. A photo published Saturday in the Texarkana Gazette newspaper generated tips that led to the men, who were staying at a motel.

“(FBI) Agent (Randall) Harris called the room and spoke briefly with one of the young men and alerted him they were surrounded. He asked them to come out peacefully, and that’s what they decided to do,” Russell said.

Sutton said charges of breaking and entering, attempted burglary and criminal mischief are pending.

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Woman Files Lawsit Against Pike County Sheriff Jerry Jones And Deputy Sheriff’s Jack Naron and Terry Simmons After She Was Tortured In Jail With Taser Weapon

October 6, 2006

HOT SPRINGS, ARKANSAS - A Pike County woman has filed a federal lawsuit accusing two Pike County sheriff’s deputies of using excessive force against her while she was incarcerated in the Pike County jail in October 2005.

The lawsuit, filed last month by Bridget Pipkins in U. S. District Court in Hot Springs, claims that Jack Naron and Terry Simmons, both deputies with the Pike County sheriff’s office, “tortured” her with a stun gun or “tazer,” according to the complaint. The suit also names Pike County and Pike County Sheriff Jerry Jones as defendants.

In the suit, Pipkins says she was being held alone in a jail cell Oct. 8, 2005, physically separated from other inmates, when Naron and Simmons entered about 1: 40 a. m. and found her on the floor.

“Defendants Naron and Simmons, acting in collusion and without justification, tortured Plaintiff with an electrical shocking device — upon information and belief, a “ stun gun” or “tazer,” wrote Reggie Koch, a Little Rock-based attorney representing Pipkins. “The defendants so acted although Plaintiff was safely secured (alone ) in her cell, was offering no resistance, and was not a threat to the facility or any person.”

The suit says the deputies violated Pipkins’ rights granted by Fourth, Fifth and 14 th Amendments of the U. S. Constitution, as well as the Arkansas Civil Rights Act. The suit doesn’t say why Pipkins was in jail but does say the charges against her were later dropped.

Jones, reached at his office Thursday, referred questions to Ralph Ohm, an attorney appointed by the Association of Arkansas Counties to represent Pike County. Ohm did not return a phone call seeking comment.

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Franklin County Arkansas Judge Joe Powell Arrested, Charged With Drunk Driving At Checkpoing While Driving County Vehicle And Returning From Wine Festival

October 6, 2006

OZARK, ARKANSAS — Franklin County Judge Joe Powell was arrested early Sunday morning on a charge of driving while intoxicated. He was driving a countyowned vehicle when he was stopped, the Arkansas State Police reported.

Powell, 57, was cited for driving while intoxicated at 12: 45 a. m. Sunday at a state police sobriety checkpoint on U. S. 64 east of Ozark, Capt. Steve Coleman, Troop H commander, said Thursday.

Powell said he was returning from the annual Wiederkehr Wine Festival at Wiederkehr Village in Altus when he was stopped.

“I learned my lesson. I’m never doing that again,” he said.

He said he drove his county vehicle, a 2004 Ford F 250 pickup, to the festival because he was attending as county judge.

The ticket issued to Powell did not include his blood-alcohol level, and Powell declined to comment further on his arrest. In Arkansas, a person is considered intoxicated if his blood alcohol level is 0. 08 percent or higher.

Chief Deputy Sheriff James Hamilton said jail records showed Powell was booked at 12: 45 a. m. He was released to an unnamed responsible party at 1: 15 a. m. Hamilton said releasing people arrested for DWI to a responsible party is common practice in Franklin County.

Prosecuting Attorney David Gibbons provided few details about Powell’s arrest, saying the case remains under investigation. Powell is scheduled to appear Nov. 20 in Ozark District Court.

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Craighead County Arkansas Deputy Sheriff Charles Leach Goes To Man’s Home Over Loud Music – And Kills Him

October 5, 2006

Craighead_sheriff_arBAY, ARKANSAS - A Bay area man died late last night as a Craighead County Sheriff’s Deputy was attempting to arrest him.

Sheriff Jack McCann says Deputy Charles Leach was dispatched to a residence at 1744 County Road 608 near Bay for a “loud music” complaint. McCann says when Leach asked 50-year-old Michael Lee Templeton to turn his music down, Templeton became combative with the deputy. Leach then tazed Templeton, causing Templeton to fall on to some type of heavy equipment that McCann said resembled a “large water heater.” Shortly afterward, the deputy noticed that Templeton was not breathing, and other authorities were called to the scene.

Craighead County Coroner Toby Emerson found no signs of trauma to the body other than a small spot of blood near where Templeton fell. McCann said “there is no indication of any wrong-doing” by Leach, but the deputy will be placed on administrative leave pending the outcome of an investigation, which is being handled by the Arkansas State Police.

Templeton’s body has been sent to the state Crime Lab for an autopsy that will hopefully determine the cause of death.

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Mountain View Arkansas Police Officers Officers Suspended After Photos Of Them Partying With Underaged Girls In Lingerie Surface On MySpace.com

October 4, 2006

MOUNTAIN VIEW, ARKANSAS ? Two Mountain View police officers are in trouble with the law after allegedly partying with underage girls.

The alleged incident took place at one of the officer?s apartments in Mountain View.

There are pictures of the officers with the girls, who were wearing lingerie while doing shots of tequila. What angered one of the mothers even more is that these pictures were posted on the popular internet website, myspace.com. We are not showing the girls’ faces because they are minors.

Mountain View police tell FOX16 news that both officers have been suspended without pay, and more action could be taken.

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Pine Bluff Arkansas City Council Approves Payout To Settle Police Excessive Force Lawsuit, Hears Complaint Of Three Calls Being Required To Get Police Officer To Come To Scene Of Armed Robbery

October 3, 2006

PINE BLUFF, ARKANSAS ? In other business, the council voted to approve a $25,000 settlement in a lawsuit filed by H.L. Cunning against the municipality in connection with a 2003 excessive force claim.

In 2003, the Pine Bluff Civil Service Commission voted to uphold the dismissal of former police officer Araby Branch, who was fired by former Chief Daniel Moses after three separate policy violations, including the use of excessive force.

Mike Mosley, an attorney for the Arkansas Municipal League, said the $25,000 settlement is a ?full and final settlement.? The city of responsible for paying 100 percent of the money.

During a public comment period at the end of the meeting, Joyce Pottorff complained her elderly father, Joe Pottorff of 2409 Main, was robbed of his pickup truck Saturday afternoon by a man armed with a small caliber gun who ?told my father the truck would be someplace on Main Street? later if they looked for it. Later, after a search, she said the truck was discovered.

?It took three calls to get a police officer on the scene,? she said. ?My daddy is unable to move,? she added, suggesting that Pine Bluff?s police use vacant buildings downtown to create more jail space.

Pottorff said her father has been robbed 15 times, three of them at gunpoint or knifepoint, and tied up.

Mayor Carl Redus Jr. assured the woman ?we are trying to address the issue of (police) manpower shortage.? Redus said in the future ?hopefully they will respond in a quicker manner. The chief is well aware of it.?

Rev. Jesse Turner, coordinator of the North Pine Bluff Weed and Seed project, appeared before the council to briefly advise it of how the site in the University Park area has successfully combated crime in that part of the city.

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Arkansas State Trooper Larry Norman’s Homicide Trial For Shooting And Killing Innocent Mentally Disabled Man He Thought Was Someone Else Postponed

October 1, 2006

BENTONVILLE, ARKANSAS – Trial has been postponed for an Arkansas state trooper charged with negligent homicide for the fatal shooting of a mentally disabled man.

Trial was to have begun Tuesday for Larry Norman, 40, of West Fork, for the March 7 shooting death of Joseph Erin Hamley, 21, of Springdale. Officers mistook Hamley, who had cerebral palsy, for a Michigan prison escapee.

Norman, who has been on medical retirement, has pleaded innocent in Benton County Circuit Court.

The new trial date is March 6.

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Former Washington County Ohio Deputy And Belpre Police Officer, Steven Wertz, Arrested In Florida, Charged With Murder In Arkansas

September 23, 2006

WASHINGTON COUNTY, OHIO ? A former Washington County Sheriff’s Deputy and Belpre Police Officer is behind bars in Arkansas, authorities say, facing two counts of capital murder.

Sheriff Larry Mincks says Steven Wertz, who worked for the department for a year in the early 1970’s, and then for Belpre P.D. for a couple of years, is charged with two murders that happened in Arkansas in 1986.

Mincks says another man was also involved in the murders and is facing the same charges.

Wertz was arrested in Florida on a fugitive warrant from Sharp County, Arkansas in June of this year.

Both men are now awaiting trial while in custody in Arkansas.

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Six Tucker Arkansas Correctional Officers Fired After Investigation Into Inmate’s Beating, FBI Investigating Excessive Force At Tucker Prison. State Excessive Force Investigation Leads To Resignation Of Captain Eric Hobbs.

September 20, 2006

TUCKER, ARKANSAS ? Six Arkansas correctional officers have been fired after an internal investigation found that an inmate was assaulted with a baton at the Maximum Security Unit in Tucker.

At the request of the state, the FBI has now opened a civil-rights investigation regarding a May 29th incident at the Tucker unit, the Arkansas Democrat-Gazette reported today.

Prison officials say the incident happened after 35-year-old inmate Terry Botts stabbed two other inmates with a homemade knife. Dina Tyler, a spokeswoman for the Correction Department, says that four prison officials _ including a captain and lieutenant _ subdued Botts, but then began kicking and punching him.

Tyler says that last week, six officers were fired _ the four involved in the beating and two who failed to report the beating or didn’t tell the truth when questioned. Also, three officers were suspended and four other employees were given written warnings.

The officers’ names haven’t been released because the investigation is ongoing, Tyler said.

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Federal Lawsuit Charges Russellville Arkansas Chief James Bacon And Police Officers Lee Goemmer, Bobby Stevens, Keith Spears, Terry Cobb and Todd Winesburg And Jailers With Man’s Beating Death

September 19, 2006

RussellvillearkansasRUSSELLVILLE, ARKANSAS – The family of the late Bobby Joe Rylee filed a civil-rights lawsuit Monday, contending Russellville police officers repeatedly beat him and jumped on him with their knees before taking him to the Pope County jail, where the suit says he was refused medical attention despite life-threatening injuries.

The lawsuit, filed in U. S. District Court in Little Rock, names the city of Russellville, police Chief James Bacon and Russellville police officers Lee Goemmer, Bobby Stevens, Keith Spears, Terry Cobb and Todd Winesburg.

It also names Pope County Sheriff Jay Winters, jail supervisor Luke Sawdy and other unidentified jail officers.

The lawsuit, seeking monetary damages, contends Goemmer pulled Rylee’s pickup over about 1: 30 a. m. on July 15, then forcibly removed Rylee, 61, from the vehicle. Stevens then arrived on the scene, and the two officers forced Rylee to the ground.

“At this time, Rylee was helpless, unarmed, and offering no resistance of any kind whatsoever,” the lawsuit contends.

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Fort Smith Arkansas Police Officer Drake Nichols Suspended After Arrest And Charges Of Harassing Female Restaurant Employee

September 8, 2006

FORT SMITH, ARKANSAS - A Fort Smith police officer was suspended with pay after he was arrested and charged with harassing a female restaurant employee, according to a department news release.

Drake Nichols, 31, an officer in Fort Smith since March 2000, talked to the 19-year-old woman about sexual topics and at one point asked her to show him her panties, a police report shows.

The woman works at The Landing Cafe at the Fort Smith Regional Airport where Nichols was assigned to patrol three days a week. He made the remarks on Aug. 26 or 27, the report shows.

She told investigators Nichols’ behavior was inappropriate and frightened her to the point she didn’t want to return to work if he was present.

A formal complaint was filed with the department’s Office of Professional Standards by the woman on Wednesday.

A warrant charging Nichols with misdemeanor harassment was issued Thursday. He surrendered at the Sebastian County jail on the warrant on Thursday and was released after posting a $ 500 bond.

Nichols was placed on administrative leave with pay pending the Office of Professional Standards investigation, the news release said.

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Fort Smith Arkansas Police Officer Drake Nichols Quits – Was Just Suspended After Arrest And Charges Of Harassing Female Restaurant Employee

September 8, 2006

FORT SMITH, ARKANSAS – A Fort Smith police officer accused of sexual harassment has resigned, police said.

Drake Nichols, 31, came into the police station Tuesday and turned in his resignation, police Sgt. Jarrard Copeland said Thursday. He was employed at the police department since March 2000.

Nichols had been placed on administrative leave pending the outcome of an internal investigation into allegations made Aug. 30 by a 19-year-old woman who works at The Landing Cafe inside the Fort Smith Regional Airport, where he was assigned three days a week.

The woman filed a police report and a formal complaint with the department’s Office of Professional Standards stating Nichols had made sexually related comments to her on several occasions while visiting her workplace.

The woman told police Nichols stayed at the cafe for two hours on Aug. 26 or 27, spoke of sexual topics and asked her to show him her panties.

The prosecutor’s office issued an arrest warrant for Nichols on Aug. 31, and he turned himself in the same day. He was arrested and released on $500 bond.

Through his attorney, Nichols on Wednesday waived formal arraignment and entered a not-guilty plea to one count of misdemeanor harassment in District Court.

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Benton County Arkansas County Coroner Kimberly Scott Arrested, Charged With Drug Offenses And Confesses

August 20, 2006

BENTONVILLE, ARKANSAS – Benton County Coroner Kimberly Scott confessed to taking morphine from a hospice site and later overdosed on the drug, according to Prosecuting Attorney Robin Green.

Scott was arrested Friday night after Benton County deputies served an arrest warrant at her Rogers home and found the unprescribed medications Scott is accused of taking from hospice sites.

According to an evidence recovery log, deputies found 40 Oxycodone pills, 22 Amitriptyline pills, 11 1 / 2 Phenergan pills, 59 Oxycontin pills and one pink pill.

Scott was booked into the Benton County Jail and later released on citation.

“ She (Scott ) made a full confession and cooperated, ” Green said at a press conference with Benton County Sheriff Keith Ferguson.

Neither Green nor the Ferguson knew the time period for Scott’s alleged crimes or the patients the medication belonged to because the label had been ripped off the bottle.

“ She admitted ingesting morphine taken from a hospice patient’s home, ” Green said.

Scott also admitted to abusing prescription drugs, according to Green.

According to an affidavit for a search warrant, medical records obtained from St. Mary’s Hospital show that Scott was admitted to the hospital on June 30 after being found at home passed out on the kitchen floor. A drug screen on Scott was positive for opiates and benzodiazepines. Deputies consulted a pharmacist who reported that the ingestion of morphine can show a positive result for opiates. The list of Scott’s current medications did not reveal a medication that would give rise to positive opiates test, but one current medication will show a positive result for benzopiazepines from a drug screen, according to court documents.

Scott was arrested on two counts of possession of a controlled substance, a class C felony, two misdemeanor counts of drug possession. The felony carries three to 10 years on each count and she could receive up to year in jail on each of the misdemeanor charges.

Scott would not comment on her arrest when contacted Saturday by a reporter for the Daily Record.

“ I have no comment at this time, ” she said.

Ferguson said the arrest stems from a tip the BCSO received about a week ago.

According to court documents, former Deputy Coroner Mike Ford told a BCSO investigator that Deputy Coroner Jessica Palmer contacted him while he was on vacation on July 18 about a large bottle of morphine missing from the coroner’s office. The morphine belonged to Parker Dunham, who died June 9, and it had been confiscated by the coroner’s office at the time of Dunham’s death. Ford said the morphine was never placed in the evidence locker at the coroner’s office but instead in Scott’s desk, according to court documents. Palmer also told Ford that Scott had recently been in the hospital and treated for a narcotics overdose, according to court documents.

Ford returned from his vacation on July 24 and met with Palmer and later did an inventory of all drugs that had been confiscated by the coroner’s office, according to the affidavit. Palmer and Ford also destroyed drugs they found but never located the missing morphine, according to the affidavit.

Ford claimed there were other drugs missing including Lexapro, Oxycodone, promethazine, Micro-k, Phentremine, Amitriptyline, Lipitor and 800 mg ibuprofen. Ford told the investigator he made a list of the missing medications and gave it to Scott and she left a note warning him to stay out of her desk. Ford turned in his resignation and told Scott he wanted that “ dope” out of her desk, according to court documents.

Palmer reported she asked Scott what was in a large white bottle taken from Dunham’s site, but Scott would not tell her, according to court documents. She described it as unusual because Scott usually told her if the evidence was going to be destroyed or if it was going to be held for court purposes, which made her suspicious, according to court documents.

Palmer also reported on Aug. 8 she saw Scott put two different types of medications in her purse — tramadol 50 mg and lorazepam. 5 mg — according to court documents. Palmer claims that Scott is prescribed tramadol, according to court documents.

According to Green, the coroner’s office historically destroyed drugs in the presence of witnesses and kept detailed records, but that practice ceased after Scott took office.

On April 14, 2005, an ongoing conflict between Scott and local hospice nurses became public at a meeting in the Benton County Quorum Court room. Scott attempted to enforce a new rule that only she or a deputy coroner could sign the death certificate in all hospice deaths rather than allowing hospice nurses to do so.

The reason for the change, Scott said then, was to produce better death records and to help stop the illegal use of prescription drugs. Scott said at the meeting that Benton County has a growing problem with drug abuse, and by requiring a county coroner to dispose of leftover prescription drugs, she could ensure the medications are disposed of properly.

Former Coroner Larry Guenther told his deputies not to confiscate medication at death scenes. After Scott took office, she ordered that all medications at death scenes be confiscated and kept in an evidence locker at the coroner’s office. Ford claims Scott also stored large amounts of medications in her desk.

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Sherwood Arkansas Police Officer Darin Fuhrman In Hot Water After Sex In Patrol Car, Suspended, Demoted

August 18, 2006

SHERWOOD, ARKANSAS – “He’s awesome, he takes care of me, he works really hard,” says Justin Randal.

Randal says his mom has plans to marry Sherwood Police Officer Darin Fuhrman. Fuhrman is suspended for violating department policy.

Randal says, “I don’t know if I believe that, I mean I haven’t heard any stories. I mean I don’t know his side, the police department side.”

An internal investigation by the Sherwood police department found that Fuhrman was having sex with a woman while on duty. The woman involved admitted she rode around in his patrol car and had sexual contact with Fuhrman in the car. The report goes on to say that Fuhrman had sex with the woman while on his lunch break at her house. A cell phone log from a police department phone issued to Fuhrman shows the communication between the two.

I spoke with Sherwood Mayor Bill Harmon and he told me by phone that this situation was a police matter and he wasn’t going to get involved.

A neighbor of Fuhrman’s came out to speak with us and wasn’t very happy. Fuhrman’s Neighbor says, “He’s working for the city, the city will take care of his business.”

No one with the police department would comment. Neither would the city attorney, except to give us a letter showing Fuhrman is suspended without pay for 30 days.

The letter given to us by the city attorney also informed us Fuhrman will be reinstated for duty August 20th, but that he won’t be going back as a detective. The letter says he’s been demoted to patrol.

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Former Pine Bluff Arkansas Police Officer John Eugene “Dusty” Jones Sentenced To Probation, A Slap On The Wrist From Judge Rob Wyatt Jr. For On-Duty Sexual Assault

August 16, 2006

PINE BLUFF, ARKANSAS – A former Pine Bluff police officer avoided prison Tuesday by pleading guilty to a reduced charge stemming from a 2005 incident that occurred when he was on duty.

Circuit Judge Rob Wyatt Jr. sentenced John Eugene “Dusty” Jones, 46, to five years probation after Jones entered a plea of guilty to third-degree sexual assault, a felony, in an agreement worked out by attorneys from the Robinson Law Firm, who represented Jones, and prosecutors.

In return for the guilty plea, the state dismissed a kidnapping charge that had been filed against Jones, who will be required to register as a sex offender and was ordered to have no contact with the female victim of the incident.

“We’ve very happy with the conviction because this case was one that would have presented some serious issues for the jury to consider,” said Deputy Prosecutor Karres Manning, who represented the state during the court hearing. “He will never be a police officer again and will be a registered sex offender from now on.”

Jones, who had been a police officer from July 2, 2003, until he was fired by former chief Daniel Moses on March 18, 2005, was accused of sexually assaulting a woman he had arrested on a misdemeanor warrant on March 15.

He had pleaded innocent to the charges and had been scheduled for trial Tuesday.

Police said the investigation that led to the filing of charges against Jones began when the female victim filed a complaint with the Office of Professional Standards.

She said Jones arrested her at work on an outstanding warrant, then took her to court, where she met with a judge and was released. She said after court she asked Jones to give her a ride back to work and he agreed, and she was handcuffed with her hands in front of her.

The woman said the two got into an elevator, and while riding down, “Officer Jones reportedly insinuated she owed him something for not going to jail,” Lt. Bob Rawlinson said last year, adding that Jones also reportedly made sexually related comments toward the woman while the two were walking across the police parking lot.

He said Jones drove the woman to her house, where he again allegedly made sexual suggestions to the woman, and, after leaving the house, drove to a secluded part of the Cotton Belt railroad yard, where she was sexually assaulted.

“Based on the facts, he could be found guilty of sexual assault in the third-degree,” attorneys Bryan Achorn and Luke Zakrzewski, who represented Jones, said in court Tuesday before Wyatt imposed sentence.

The female victim has also filed a civil lawsuit against Jones, who said he understood that entering a guilty plea to the criminal charge could affect that case.

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Former Top Federal Law Enforcement Officer In Arkansas, Ray Elmer Carnahan, Fined $2000 For Obstruction Of Governmental Operations

August 11, 2006

FORT SMITH, ARKANSAS – A man who formerly served as one of the top federal law officers in Arkansas has been ordered to pay a $2,000 fine for obstructing governmental operations.

Ray Elmer Carnahan, who was appointed in 2002 by President Bush as U.S. marshal for the Eastern District of Arkansas, appeared in U.S. District Court in Fort Smith Thursday to be sentenced on the misdemeanor obstruction charge, to which he pleaded guilty in June.

The charge was filed after Carnahan, 62, scuffled with a game warden who stopped him on a U.S. Forest Service road in Scott County in October. Carnahan resigned in April in the aftermath of the incident.

Carnahan could have been sentenced to up to 30 days in jail and fined up to $5,000. As part of plea agreement, government prosecutors recommended a $500 fine and no jail time, but U.S. Magistrate Judge Beverly Stites Jones rejected that recommendation, saying the seriousness of the offense warranted a tougher penalty.

Jones admonished Carnahan for telling people after he pleaded guilty that he was innocent. Jones had letters from friends of Carnahan stating that Carnahan told them he chose to accept a plea deal but was not guilty of the offense.

Jones said she would give Carnahan the option of withdrawing his plea. After a brief recess, Carnahan’s son, Little Rock attorney Chris Carnahan, told the judge his father wished to go forward with sentencing.

Ray Carnahan told the judge the incident has affected his life “in every way I can think of,” including the loss of his job.

“I accept my responsibility, your honor, for the charge that has been brought against me,” he said.

Jones asked Carnahan if he was really accepting responsibility, or just accepting a plea deal despite believing he was falsely accused. Carnahan said again that he accepted responsibility.

Jones said she was aware that Carnahan suffered many reversals because of the incident, but it was time to put it behind him.

“There’s a time to be remorseful and sorry, and no longer arrogant with the law, and I think you’ve reached that point” she said.

According to an Arkansas Game and Fish Commission report, officer Michael Gray stopped Carnahan’s sport utility vehicle in the Ouachita National Forest on Oct. 1, after mistaking the SUV for a vehicle he was looking for in connection with illegal bear hunting. Gray asked the occupants how they were doing and was about to send them on their way when Carnahan “floored his accelerator” and spun his wheels, causing rocks to hit Gray’s all-terrain vehicle, Gray wrote in the report.

Carnahan obeyed an order to stop the vehicle and get out, but he then grabbed Gray by the arm, pushed him into the SUV and said he needed to talk to Gray’s supervisor, the report states. Gray told Carnahan his supervisor might want to talk to Carnahan’s supervisor, and Carnahan said, “You can call the president.”

Carnahan also threatened Gray’s employment, according to the report.

Before being appointed U.S. marshal, Carnahan served with the Arkansas State Police for 35 years, reaching the rank of captain and being named commander of regulatory services in 2000. From 1980 to 1995 he served as commander of the state Fire Marshal’s Office.

In 1997 the Arkansas Fire Prevention Commission established the Carnahan Award, an annual award honoring organizations for promoting fire safety, in honor of Ray Carnahan.

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Lonoke County Arkansas Sheriff Jim Roberson Found In Contempt, For Trying To Deal With Overcrowding After Lawsuit

August 9, 2006

LONOKE COUNTY, ARKANSAS – A judge has found Lonoke County Sheriff Jim Roberson in contempt, saying he let convicted drug offenders remain free while wearing monitoring devices, against a court order.

Circuit Judge Lance Hanshaw did not impose a fine or jail time, but said Roberson had been warned several times not to let state inmates out while they were awaiting transfer to prison. The judge said Roberson could release county inmates, but not state inmates.

Roberson said he would decide later whether to appeal. He said he released three female inmates believing they weren’t covered by the previous order. He said he tries to take steps to reduce overcrowding after a lawsuit was filed three years ago.

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Gentry Arkansas Police Officer Charlie Harp, Sentenced To 7 Years In Prison For Sex With Child

August 2, 2006

BENTON COUNTY, ARKANSAS – A former Gentry police officer has been sentenced to seven years in prison after admitting to having sex with a 16-year-old girl.

Charlie Harp, 39, pleaded guilty to second-degree sexual assault in Benton County Circuit Court. Harp told the judge the only reason he delayed entering the guilty plea was because he wanted to make sure his family was going to be well taken care of.

Harp was arrested in September and charged with having repeated sex with a girl he befriended and was tutoring in math and English when she was 16 and 17 years old. The girl’s mother complained to police that she thought Harp and her daughter were having an inappropriate relationship based on the content of e-mail and instant messages the two were sending each other.

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Veteran Gentry Arkansas Police Officer Charlie Harp Sentenced To 7 Years In Prison For Sex With Teen, But Will Be Eligible For Parole In 14 Months

August 2, 2006

BENTONVILLE, ARKANSAS - Charlie Harp told a judge Thursday he’s ready for prison after his fall from grace as a longtime Gentry Police officer to a convicted sex offender.

“I’m stepping up to take my punishment” for having sex with a 16-year-old girl, Harp told Benton County Senior Circuit Judge Tom Keith.

Harp, 39, pleaded guilty to second-degree sexual assault and accepted a 7-year prison sentence.

“The only reason there’s been any delay with this plea is I wanted to make sure my family was going to be well taken care of,” Harp told the judge. His wife and children now live in Florida near family. “That was my biggest concern.”

Harp was arrested in September and charged with having repeated sex with a girl he befriended and mentored when she was 16 and 17 years old.

Harp was a 10-year veteran of the Gentry Police Department and had supervised the criminal investigation division. The girl told authorities Harp began tutoring her after school in math and English about a year before, and she considered Harp a father figure.

The girl’s mother became suspicious of e-mail and instant messages her daughter exchanged with Harp, she told Gentry Police Chief Keith Smith. Smith turned the information over to the Benton County Sheriff’s Office.

Harp admitted to many of the girl’s claims in an interview with Investigator Greg Hines, court documents said.

Harp’s sexual relationship with the girl wouldn’t be a crime except for his job. The charge, second-degree sexual assault, normally requires a victim be age 13 or younger.

But state law allows prosecutors to charge a person older than age 20 for having sex with someone 18 or younger who is under his or her care and control.

Other laws allow charges for persons older than age 20 who sexually victimize children age 15 or younger, said Shane Wilkinson, senior trial attorney with the Benton County prosecutor’s office.

Harp must serve at least 14 months before he’s eligible for parole. After his prison term, he’ll be under a suspended sentence for seven years.

His attorney, Joel Huggins, described him as a hardworking family man.

“This type of crime comes as a result of weakness in someone’s character,” Huggins told the judge. “I am confident it will never happen again. Charlie accepted full responsibility and was incredibly remorseful.”

Appeared Here.


Nevada County Arkansas Courthouse Evacuated After Bomb Threat

July 24, 2006

PRESCOTT, ARKANSAS – Prescott Police Chief Brian Russell said officers are serious about following leads and making an arrest in the case of a bomb threat that caused evacuation of the Nevada County Courthouse on July 19.

According to information from Nevada County Chief Deputy Circuit Clerk Pat Marbury, deputy clerk Martha Cummings took the threatening call.

Russell said the threat was called in shortly before noon.

“He said something to the effect of, ‘I’m tired of paying all these fines,’” Russell said. “Then he said a bomb would explode at 1:30.”

Russell said the caller did not say that there was a bomb in the courthouse, but only that a bomb was set to explode at the specified time. He said that he and courthouse officials made the assumption that the threat was aimed at the courthouse because district court was slated for that afternoon and would have begun about the time the caller indicated that the bomb was to explode.

Russell said the courthouse was evacuated. The next step was to notify those businesses in the immediate area. Russell said the majority of those was given the information and advised to leave, but were not required to evacuate. The one exception was the Presbyterian Daycare, which is just across Elm Street from the courthouse.

“We told them they needed to get those children to a safer place,” Russell said.

Officers from both the Prescott Police Department and the Nevada County Sheriff’s Office and volunteers from the Prescott Fire and Rescue were stationed around the courthouse to prevent people from entering.

Russell said the time difference between the time the caller phoned in the threat and the time he said the bomb would have detonated was more than an hour, and that officers used that time to search the building, including dumping trash cans and looking in plants.

“We searched the best we could,” Russell said. “About 1:15 we stopped searching. We went outside and waited.”

Russell said that officers waited until about 1:45, then reopened the courthouse and alerted the neighboring businesses that the situation was apparently resolved.

Russell said the call was traced to an outdoor payphone at the Red-E-Mart on Highway 24. He said no one has reported seeing anyone on the phone at the time the call was made.

Efforts were made to lift fingerprints from that phone, but Russell said he’s not certain whether those efforts were successful.

Nevada County Judge James Roy Brown said the county had a similar threat about a year ago. At that time, officers and county officials searched the building but didn’t evacuate. Brown said that event occurred on a court date as well.

Brown said he was in Little Rock when Wednesday’s threat was received.

Marbury said she recalled another threat that happened around 1990, during a murder trial.

Russell said the attitude of law enforcement at the time of Wednesday’s threat was that it was likely a hoax, but that it should be treated as though it could be real for the safety of those in the vicinity.

“We’re really serious about finding who did this,” Russell said.

He said there are some leads, and that anyone convicted of participating in this could face felony charges.

Appeared Here.


Hot Springs Arkansas Deputy Sheriff Dawn Rene Roberson Fired After Indecent Exposure (Topless At Campground) And Disorderly Conduct Charges Filed

July 10, 2006

HOT SPRINGS, ARKANSAS. – A sheriff’s deputy who is accused of going topless at a campground has been fired and charged with indecent exposure and disorderly conduct.

Roberson_topless

Dawn Rene Roberson, 38, of Royal, was fired Wednesday after she turned herself in on the misdemeanor charges.

According to incident reports, a marine patrol deputy and a park ranger told a topless Roberson to cover up in separate encounters Sunday.

Later, authorities received a complaint that a woman without a top was in view of children.

Complaint: Deputy was ‘loud and disorderly’

One report said a grandmother complained that the topless woman became “loud and disorderly” after she told the woman to cover up. Another camper told authorities the woman became belligerent when confronted.

In both instances, the topless woman said she was a law officer, according to the reports.

The next day, one of the people who complained identified Roberson in a photo of members of the jail staff, officials said.

A July 18 court appearance was set for Roberson. She could face up to a year in jail and a $1,000 fine on the exposure charge and up to 30 days in jail and a $100 fine on the disorderly conduct charge.

Sheriff’s deputy fired for going topless.


US Court Of Appeals Rules That White County Arkansas Deputy Sheriff Pat Garrett Violated Truck Driver’s Rights For Bullshit Ticket For Not Seeing Sign That Wasn’t There

July 4, 2006

LITTLE ROCK, ARKANSAS - A truck driver’s constitutional rights were violated when he was arrested after his loaded truck caused a White County bridge to collapse, even though no weight limit sign was posted at the location, a federal appeals court ruled Monday.

The 8th U.S. Circuit Court of Appeals overturned part of a U.S. District Court ruling and said that White County Sheriff Pat Garrett violated Frank Robinson’s rights when Garrett ordered Robinson’s arrest.

In January 2003, Robinson was driving a loaded Home Depot truck to a delivery when he tried to cross an old steel framed, wooden topped bridge in White County. A weight limit sign that was normally posted at the bridge was missing, and the bridge collapsed as Robinson drove across it.

White County sheriff’s deputies responded to the accident and found the weight limit sign lying obscured in the grass. White County Judge Bob Parish, when told about the accident, concluded Robinson had acted recklessly and caused the bridge to fall, according to the ruling.

Parish told Garrett to hold Robinson in jail and the sheriff ordered a deputy to issue a citation. The deputy told Garrett about the missing weight limit sign, and the deputy told Garret the closest thing he could find to a statute Robinson violated was a law prohibiting “careless driving.”

“Works for me,” Garrett told his deputy, according to the ruling.

Robinson was arrested for careless driving, but was eventually acquitted of the careless driving charge. He later sued Parish and Garrett for unlawful arrest in violation of the Fourth and Fourteenth amendments of the constitution, and he claimed they conspired to violate his constitutional rights.

The district court had granted summary judgment in favor of Parish and Garrett. But the appeals court found that Garrett violated Robinson’s constitutional rights, though the ruling noted Parish was immune from an individual claim by Robinson.

The appeals panel also upheld the district court’s ruling that no civil conspiracy existed between Parish and Garrett to violate Robinson’s rights.

The court, in its ruling, said that Garrett’s interpretation of the careless driving statute “does not square with common sense traffic law enforcement practice.”

“Under the appellees’ proposed statutory reading, Arkansas drivers had best beware, for an innocent victim could be cited for careless driving if, as the result of another driver negligently colliding with the victim’s car, the victim’s car careens into another object,” the ruling said. “This is obviously an absurd result.”

Appeared Here


Alexander Arkansas Police Officer John Ensminger Arrested After Beating His Police Officer Girlfriend At Police Station

July 2, 2006

ALEXANDER, ARKANSAS – An Alexander police officer was arrested after his girlfriend summoned for help on his police radio.

The Pulaski County Sheriff’s Office says the two scuffled on the parking lot of the police station. The officer, John Ensminger, was arrested on a third-degree domestic battery charge, a misdemeanor.

His girlfriend, April Tirado, who also is a police officer for Pine Bluff, didn’t require medical attention.

Authorities say the two argued after a woman called Ensminger’s cell phone and Tirado threw the phone out the window of his patrol car. When they arrived at the Alexander Police Department, the argument turned into a fight and Tirado was bruised. During the struggle, she grabbed his police radio and called for help.

Appeared Here


Veteran Pine Bluff Arkansas Police Officer Robert Bergstrom Found Guilty Of Child Molestation Charges, Sentenced To 10 Years In Prison

June 22, 2006

PINE BLUFF, ARKANSAS – Former Pine Bluff police officer Robert Bergstrom was found guilty Wednesday of first-degree sexual assault and second-degree sexual assault involving a teenage girl.

He was sentenced to 10 years on the first-degree sexual assault charge and five years on the second- degree charge.

Jefferson County Circuit Court Judge Berlin Jones decided to run the sentences concurrently.

The jury of eight women and four men deliberated about two and a half hours before the verdict was announced Wednesday evening.

Bergstrom, who had been an officer for six years before his arrest and dismissal, was accused of first degree sexual assault and second degree sexual assault involving a girl who was 15 in 2003. He had pleaded not guilty and did not testify in the trial, which began Tuesday.

“We’re here because Robert Bergstrom used his position as a police officer to gain the trust of a mother, and her children, and then had sex with one of the children,” Deputy Prosecutor Karres Manning said in closing arguments Wednesday afternoon. “She may have looked physically mature, but she was a child.”

“The defense paints a picture of a troubled young girl from a troubled family but the troubled person in all of this was Officer Robert Bergstrom,” she said.

This was the second time Bergstrom had gone to trial on the charges. His first trial last year ended in a mistrial after jurors took a board the defense had prepared showing their interpretation of the evidence into the jury room that had not been admitted into evidence.

Both charges alleged Bergstrom used his position of trust and authority as a police officer to engage in sexual intercourse or sexual contact with the girl.

Little Rock attorney Blake Hendrix, who represented Bergstrom, admitted his client had sex with the girl, but denied he was in a position of authority.

“Was he a cop? Yes,” Hendrix said in his closing. “Was he in a position of using his authority? No. We all get to go home. We all get to have a private life.

“Did he make a mistake? Yes. Was that mistake a crime? No,” Hendrix said.

Prosecutors said Bergstrom became friendly with the girl and her family, visited them over a period of time, brought food, treats and money to the children, and allowed them to come to his apartment to swim, then inappropriately touched the girl and had intercourse with her at his apartment.

Responding to Hendrix’s claim that Bergstrom was not on duty or in uniform, Manning said he couldn’t shield himself with that defense.

“He chose to cross the line and we ask you to hold him accountable,” she told jurors.

Wednesday night Manning said she was happy with the verdict.

“That’s what the statue was designed for — to protect kids from people like this and I’m glad that this community has taken a position that conduct like this will not be tolerated,” she said.

Appeared Here


Lonoke Arkansas Police Chief Ronald Jay Campbell takes another hit with charges of sex, drugs and thievery.

June 21, 2006

Lonoke, Arkansas – No cop wants to arrest a fellow officer. But when Lonoke County Sheriff Jim G. Roberson served Lonoke Police Chief Ronald Jay Campbell with a warrant, it didn’t break Roberson’s heart.

“I thought he was a one-dollar millionaire,” Roberson observed recently in his office near the Lonoke County Courthouse. “You know how some people try to present themselves as something they’re not?”

The city police department, which Campbell headed for two and a half years, stands a mere five blocks from Roberson’s sheriff’s office. Between
the buildings, street banners advertise “Lonoke. Life as it should be.”

But recent filings at the courthouse suggest not all has been ideal.

In early February, Lonoke County Prosecuting Attorney Lona Horne McCastlain charged Campbell, a former Pulaski County narcotics officer, with a slew of felonies. They included manufacturing methamphetamine, hindering prosecution, burglary and theft.

Campbell’s wife, Kelly Campbell, was charged with burglary and theft too, as well as with taking inmates from the city jail for sex and providing them with drugs and alcohol.

Campbell resigned as Lonoke police chief on Feb. 8. Free on bond, he and his wife have pleaded not guilty to the charges. A preliminary hearing in their case is scheduled for this week.

Last spring, it fell to Sheriff Roberson and Charles McLemore, a criminal investigator for the Arkansas State Police, to serve warrants on the pair.

“We did it by phone,” Roberson said, “just to save them embarrassment. I called Jay and told him they had to come and see me.”

Roberson doubts his call came as a surprise.

“They had already been interviewed by the State Police, so I think they knew what was coming,” the sheriff said. “But he acted as if he didn’t believe it. He acted like I was joking.”

Since then, prosecutors and Campbell’s attorneys have agreed to divide the case into two trials. At one, Campbell and two Little Rock bail bondsmen will be tried on the methamphetamine-related charges. The other trial will deal with the remaining charges that Campbell faces with his wife, Kelly.

As of this writing, almost four months after the arrests, no trial date has been set. When the cases do go to trial, they may shed a bit more light on Campbell’s 25-year career, much of it spent in the shadowy world of narcotics law enforcement.

Most people who have known Campbell describe him as likeable: a gregarious, back-slapping guy. He’s a big fellow, they often note: 6-foot-3 and weighing about 280 pounds.

He was big even in 1981, when he joined the Pulaski County Sheriff’s Office at the age of 20. By 1987, Campbell had risen to the rank of sergeant over the narcotics division. Officers who worked with him on drug arrests say he won their respect.

Robert Govar, a deputy U.S. attorney who prosecuted some of those cases, held Campbell in high regard.

“I thought he was an excellent drug investigator,” Govar said. “He’s done some good work. In fact, he helped on the case of Troy Warner, the first dealer we tried who was found with a fully automatic 30-caliber machine gun.”

Warner’s 1988 trial reverberated through Central Arkansas, in part due to allegations by Warner’s attorney, R. David Lewis, that Campbell and other deputies had used excessive force during their investigation.

One witness claimed that Campbell had beaten him. Another claimed that Pulaski County Sheriff’s Deputy Kirk Lane had planted drugs on him.

Arguing that Campbell and Lane had spawned a wave of “terrorism,” Lewis took affidavits to the Pulaski County sheriff, the Arkansas State Police and the FBI, seeking an investigation into the deputies’ activities, but his appeals were dismissed.

Lane, a former Benton police officer, joined the Pulaski County Sheriff’s Office in the mid-1980s, joining his friend Campbell. Lane remains there, working as a captain over investigations.

But that office — indeed, much of Central Arkansas — was a different place in the mid-1980s, when Lane and Campbell worked narcotics together. The undercover world they inhabited seemed for a time exceptionally rife with corruption and violence.

In one infamous case, just a year before Warner’s trial, two Saline County teen-agers, Don Henry and Kevin Ives, were found murdered on a railroad track near the Pulaski-Saline county line. Some kind of drug connection was suspected.

Arkansas Circuit Judge John Cole, a veteran of Saline County politics, appointed Benton attorney Dan Harmon to conduct a special grand jury investigation into circumstances surrounding the deaths. Harmon’s probe went on for months.

Linda Ives, mother of one of the boys, claims that in the midst of it, in August 1988, Harmon told her that the men he had scheduled to testify the next day were those responsible for her son’s murder. The following day Harmon questioned Campbell and Lane.

The deputies, along with their boss, Maj. Larry Dill, made no secret of their contempt for Harmon and their resentment at being called. Dill derided the proceedings as Harmon’s “dog-and-pony show.”

But the display left reporters and other observers baffled. Why would Harmon, the anti-drug crusader from Saline County, and the narcotics detectives from Pulaski County, be at such visible odds?

Only gradually, over time, has part of the explanation emerged.

One piece, it turned out, was that Harmon was not just prosecuting drug offenders. He was a drug offender himself.

In 1997, almost a decade after the train-deaths grand jury, Harmon would be convicted in federal court of extortion and of using his office for drug racketeering. But that was not known at the time.

Nor was it publicly known that, at the time of Harmon’s much publicized grand jury, Dill, Lane and Campbell were part of a joint drug task force that had the special prosecutor under investigation.

Years later, when I interviewed Campbell for my book “The Boys on the Tracks,” he told me, “My personal opinion was that Harmon used that grand jury to find out what he could about who had information on him, and to make it appear like we were suspects.”

He continued: “I believe he called us blatantly, for the sole purpose of trying to discredit us, so that in case he got arrested and charged with drugs as a result of the federal investigation, he could say it was retaliation.”

Harmon’s lengthy investigation into the train-deaths case resulted in nothing. No one was ever charged with the murders. Though members of the grand jury prepared a five-page report, Judge Cole ordered that it not be released.

Cole then praised the fruitless exercise.

“I think if we’ve accomplished nothing else,” he said, “we’ve at least caused the citizens of this county to know that there is a body, there is a way, there are people with dedication, there are people with perseverance who will do everything humanly possible and within the law to see that the administration of justice in this county is served.”

But Harmon’s grand jury investigation was not the only thing that took a dive. The drug task force investigation of Harmon, in which Campbell and Lane were involved, also came to naught.

In fact, in June 1991 — three years after Harmon called Campbell and Lane to appear before his grand jury and six years before Harmon was finally convicted for drug racketeering — Chuck Banks, the U.S. attorney at the time, called a press conference specifically to refute reports that investigators had found any evidence linking Harmon to drugs.

“Quite frankly,” Banks said, “there is none. We found no evidence of any drug-related misconduct by public officials in Saline County.”

Skeptics, including Linda Ives, were left believing that no one involved in drug investigations in Central Arkansas could be trusted. Her sense of betrayal intensified as Harmon’s unchecked conduct grew increasingly erratic. Slowly, others came to share her opinion — to the point that, about a year before Harmon’s arrest, an Arkansas Times profile of him was headlined: “Out of Control in Saline County.”

The mistrust Ives had developed extended to Campbell and Lane, as well.

In the years after the grand jury, as Ives sorted through police records on various failed investigations into her son’s murder, she had come across police files that seemed to her to support Harmon’s suggestion that they were her son’s killers.

She had seen, for instance, the report of an interview that FBI agents had conducted with Dan Lasater, a Little Rock bond dealer, after his arrest in 1986 for distributing cocaine. According to the FBI report, Lasater said he’d known he was being watched by federal agents because he had been tipped off by Campbell.

Ives suspected that Campbell was crooked, and reports she found in the Arkansas State Police file strengthened that view.

In one interview, conducted a year after the murders, a man named Ronnie Godwin told State Police investigators that, on the night of the deaths, he’d seen two men, whom he believed to be police officers, near a phone booth at a grocery store in the vicinity of the tracks. With the men were two teen-aged boys. He said he first thought the cops had caught the boys stealing from the store.

But then, Godwin reported, he saw the larger of the two men push one of the boys against the phone booth. The other man stood over the second boy, who was kneeling on the ground “with his head down.”

Ives learned that Godwin had given a similar statement to Saline County Deputy Prosecutor Richard Garrett. According to Garrett’s report, Godwin said: “I could not tell much about the officers except the one pushing the subject against the phone booth, and he was about 200 pounds, six foot tall, with sort of long brown hair …

“As I stopped my car, I saw them pick the boy up off the ground and throw him into the back seat.” According to Godwin, the car had police hubcaps, three antennas on the trunk and a spotlight on the side.

Another report Ives discovered in the file seemed to corroborate Godwin’s account. This was of an interview conducted in 1990 — three years after the murders — with a nightclub owner named Mike Crook. Nothing in the file suggested that Crook was aware of Godwin’s statements.

Crook told police that on the morning the boys’ bodies were found, a man he knew only as Jerry had come into his club, claiming to have seen the boys the night before, smoking a joint at the Ranchette Grocery Store.

According to Crook, Jerry said he saw two men in plain clothes pull up in an unmarked police car. Jerry identified one of the men as Lane, whom he’d known from the Benton Police Department. He said the other man, whom he did not know, was larger.

The interview noted: “Crook states that the boys and these two cops got into an argument and the two cops beat the boys unconscious and threw them into the car and then drove off.”

Crook also told the State Police investigator that the manager of another bar, who was himself murdered shortly after the train deaths, had told friends that he feared Campbell and Lane. The interview noted:

“Crook states that before Keith McKaskle was killed, McKaskle told him that Kirk Lane and Jay Campbell of the Pulaski County Sheriff’s Office were following him around and he was afraid they were going to kill him.”

Ives believed the accounts. When California filmmaker Pat Matrisciana sought her help in making a documentary video about the case, she agreed.

Matrisciana’s film, titled “Obstruction of Justice: The Mena Connection,” examined the still-unsolved murders of Don Henry, Kevin Ives, and Keith McKaskle, along with some of what was known about corruption at the time in Saline County.

It ended with a screen that read: “Suspects Implicated in Ives/Henry Murders and Cover-Up.” Beneath that headline ran the names of six people, all related to law enforcement. Campbell and Lane’s names were among them.

The two Pulaski County deputies sued Matrisciana for libel in federal court. When the case went to trial, in August 1999, the deputies’ attorneys called a couple of journalists, including me, as witnesses on their behalf.

I testified, for example, that I had by then written a book about the Henry/Ives case that included Godwin and Crook’s statements. But I did not claim, as had Matrisciana’s film, that Campbell and Lane were “implicated” in the murders.

The pair’s lawyers also called a parade of law enforcement officers — particularly from the FBI — to attest to their clients’ professionalism and good character.

Mike Smith, supervisor of the FBI’s organized crime and drug program in Little Rock, described Campbell as “completely dependable,” a man with “a lot of street savvy,” and a friend.

Another Little Rock FBI agent, Brian Marshall, described Lane and Campbell both as “very competent law enforcement officers” and of the “highest character.”

James Handley Jr., a former FBI agent who, at the time, worked as head of security at the University of Arkansas at Little Rock, said he had never known Campbell to be “anything but honest and forthright.”

Richard Stephen Holland, a former Benton police officer, called Campbell “a fine fellow” who “believes in law enforcement.”

Sheriff Donny Ford, of Dallas County, rated Campbell “among the top” law enforcement officers he knew, adding: “I’ve trusted him with my life.”

On a more personal note, Campbell’s older brother, Steven G. “Pete” Campbell, testified that the video had harmed his brother by dashing his hopes to run for sheriff of Garland County. Pete Campbell told the court that the video’s claims had made it hard to raise funds for a campaign.

When Campbell himself took the stand, he testified that, at the time of the Ives/Henry murders, he was working as a sergeant over the Pulaski County narcotics division.

He discounted Crook and Godwin as unreliable sources, noted that police investigative files often contain unfounded statements, and complained that Matriciana had never contacted him to get his side of the story.

“As an officer as well as a person,” Campbell said, “I was raised that a handshake was a contract. Your word was something that you lived by.” He said release of the video had left him with no opportunity to clear his name.

Little Rock attorney John Wesley Hall represented Matriciana. He began his questioning of Campbell with an air of familiarity.

“I guess it’s fair to say we’ve been professional adversaries for a long time?” Hall asked Campbell.

“Almost 18 years, sir,” Campbell agreed.

“I’ve had cases where I’ve actually accused you guys of throwing down [planting] drugs in cases,” Hall said.

“Yes, sir. You certainly have.”

Throughout the trial, Hall tried to establish that police officers are often maligned, that the First Amendment protects citizens’ rights to voice suspicions about public officials, and that police officers do not go to court claiming they’ve been defamed every time such an unpleasant thing happens.

But the jury concluded that Campbell and Lane had been right to bring their case to court. It awarded them a total of $598,750 in damages.

During the trial, Ives had wondered why Campbell’s co-workers — his fellow Pulaski County deputies — were not called as character witnesses. Five months after Campbell’s successful libel trial, she believed she understood the reason.

In February 2000, Pulaski County Sheriff Randy Johnson fired Campbell. Johnson outlined his reasons in a letter to Campbell that was supplied to the media. The letter claimed that Campbell had bullied subordinates, using “intimidation” and the authority of his rank, to pressure them not to take part-time jobs for less than what Campbell wanted employers to pay.

In addition, Johnson wrote, Campbell had created a “blackball” list of deputies who had not submitted to Campbell’s demands. Johnson wrote that Campbell had then circulated the list in a memo.

Campbell sued Johnson over the firing, but this time, he lost. And soon after that, he suffered another legal blow.

Matrisciana, the filmmaker, had appealed the Little Rock jury’s verdict. And in January 2001, almost a year after Campbell was fired, the U.S. Eighth Circuit Court of Appeals sided with Matrisciana.

The appellate court’s opinion began: “The record in this case reads like a John Grisham novel.”

Twenty-one pages later, after a review of the trial testimony, the appellate court concluded: “All in all, statements and rumors corroborating the Lane-Campbell scenario or implicating them as suspects emanate, in varying degrees of detail, from multiple sources.”

The opinion continued: “Viewing each statement in isolation, there may have been reasons to doubt the veracity of Godwin, Crook, or Harmon. However, given the corroboration by multiple sources, we do not see obvious reasons to doubt the accuracy of the various reports.”

Finally, the justices noted: “While we are not aficionados of conspiracy theories, we suppose that if Matrisciana’s assertions were true, there would be ‘inherent difficulties in verifying or refuting’ such a claim, given the alleged pervasive involvement of law enforcement in his theory.”

Campbell was now out the $309,750 he had expected to receive in damages, and also out of a job. He rebounded by starting a detective agency in Lonoke called Investigative Consultants. That led to his hiring in 2003 as the city’s chief of police.

That began Sheriff Roberson’s acquaintance with Campbell.

“I started out thinking our people would work together,” the sheriff said of the city police chief. “I soon found out that that wasn’t the case.”

When it came to working drug cases, Roberson said, “I found out that that if we were out in the county, they liked working with us, but they didn’t want us joining them in the city.”

The sheriff added, “And my narcotics officer — he wants everything right or he won’t do it, he won’t violate a subject’s Fourth Amendment rights — he didn’t like the way they did business.”

Within two years, Campbell, the private investigator turned police chief, was under investigation himself.

State police investigator Charles McLemore, of Company B in Pine Bluff, was asked to check out allegations that certain inmates from the Arkansas Department of Correction, who’d been loaned to the city of Lonoke, were not being properly managed.

Under Arkansas Act 309, hundreds of inmates are allowed to work for other public agencies while being housed in local jails. The plan is to help communities, while also relieving crowding in the state penitentiaries.

McLemore interviewed inmates who had been to Lonoke. He would later write:

“During the course of this investigation, numerous irregularities were divulged by prisoners. Those irregularities included drug use, sex, and personal use of prisoners to perform personal services for various individuals.”

According to McLemore, inmates reported fixing an air-conditioner for Mayor Thomas Privett, hanging Christmas lights on Privett’s house, working in the mayor’s garden and repairing his porch.

They also reported working for Campbell.

“The prisoners disclosed that they had put in a sidewalk at the chief’s house that went to the swimming pool,” McLemore wrote.

“The prisoners also refurbished the chief’s party barge and took a motor off an old boat and put [it] on the party barge. This work was done in the old Otasco building owned by Mayor Thomas Privett.”

McLemore noted that both Campbell and Privett had admitted that the services were performed, “but claimed that the prisoners had been paid by the city.”

By then, however, other issues loomed larger.

“Prisoner Andrew Baker disclosed that Chief Jay Campbell’s wife had a very close relationship with at least two of the 309s,” McLemore wrote. “Baker disclosed that the chief’s wife, Kelly Campbell, had brought a fifth of vodka, a fifth of gin, and a fifth of Crown Royal and other bottles of unknown alcoholic substance to the jail and given it to the 309s that wanted it.”

Baker also reported that Kelly Campbell had:

• brought marijuana into the jail for prisoners;

• given one prisoner a cell phone, which they “used to communicate with each other regularly;”

• allowed photos of herself to be taken “in various intimate poses” inside the old Otasco building, while inmates were working on the party barge;

• had sex with inmates “eighteen to twenty times” in various places in and around Lonoke, including the Holiday Inn Express, the press box at the ballpark, the Campbells’ home on Cherry Street, and the chief’s office at the Lonoke Police Department;

• and paid one inmate $260 “to keep his mouth shut.”

Officers at the police department reportedly “confirmed that the chief’s wife was having a relationship with the 309s and was coming and going freely from the jail.”

According to McLemore, they said:

• that they could not keep the chief’s wife out of the jail;

• that when they tried, “she became irate;”

• that “when they tried to discuss it with the chief, he would not discuss it;”

• and that when Campbell learned that dispatchers were documenting his wife’s comings and goings in the jail log, “he became irate.”

Nor did the reports McLemore was hearing stop with sex.

“During an interview with another witness involved in this case,” he wrote, “several names of potential victims of theft were given to me.”

McLemore outlined statements from four Lonoke County residents, all of whom reportedly said that, after visits from one or both of the Campbells, they had found prescription narcotics missing.

Kelly Ratcliff was one of the four. She reported that, following surgery in 2004, she’d been prescribed the drug Mepergan for pain. According to McLemore:

“Ratcliff put the medicine beside her on the computer desk in the bedroom. Kelly Campbell brought food over to the house shortly after her arrival home from the hospital. Kelly Campbell stayed for about 10 minutes.

“The medication was there prior to Campbell coming to the house and was missing after Campbell left. That night Kelly Ratcliff began to hurt and called Kelly Campbell, who brought Ratcliff two pills from Ratcliff’s prescription.”

Then there was the jewelry.

McLemore heard that, at one point, “Kelly Campbell had pawned a lot of jewelry in Little Rock and returned with approximately $7,000 in 100-dollar bills.”

He turned to l.e.a.d.s.online, a website that allows criminal investigators to access transactions from participating pawn shops.

Several police agencies in Arkansas use the l.e.a.d.s.online system, and, according to an official of the Arkansas Pawnbrokers Association, Jay Campbell “was well aware” of the database “because he was a Pulaski County officer when Pulaski County was looking into buying in.”

McLemore traced a couple of transactions made by Kelly Harrison Campbell. One was at a Little Rock pawnshop called Pacer Ltd.

Tim Collier, one of Pacer’s owners, told McLemore that he was raised in Hot Springs, where Jay Campbell grew up, and that he’d known him since the fifth grade.

Collier told the investigator that in late June 2005, Jay Campbell had come to the shop saying his wife had inherited some antique jewelry, which he wanted to leave at the shop on consignment.

Collier had made photocopies of the jewelry and of Kelly Campbell’s driver’s license, which he turned over to McLemore.

Collier said he sold the jewelry and paid Campbell $4,000. However, according to McLemore, “a few days later, on a Sunday morning, Jay Campbell called Collier’s cell phone panicked, saying that he had to get the jewelry back.

“Jay Campbell gave Collier two or three different stories about why he had to have the jewelry back.

“Collier related that he had to go to three different customers to get the jewelry back, but that he was able to get all of it back with the exception of a pair of earrings. He told Jay Campbell who had these earrings, and Jay Campbell obtained those himself.”

The investigator then spoke with some neighbors of the Campbells, Leon Hill and his wife, who had reportedly had some jewelry stolen. McLemore wrote:

“The Hills were shown a picture of the jewelry and asked if they recognized it. Mrs. Hill stated that the photocopied pictures were photos of her jewelry.

“She then related that on July 9, 2005, she was getting ready to go to a friend’s birthday party in Little Rock, when she realized that her jewelry was missing … Mrs. Hill related that she was extremely upset and sick that her old wedding band and other jewelry were missing.

“The next day, Mrs. Hill approached Jay Campbell and informed him that she would get her jewelry back even if she had to go to the Arkansas State Police or higher ups.

“A few days later, Jay Campbell brought her jewelry back to her with a story about how his brother had come to visit him and taken the key that he and Kelly Campbell kept to the Hill home and made a copy and then came in and took the Hills’ jewelry. …

“Mrs. Hill demanded her two keys back from Jay Campbell and had her locks changed.”

Disturbing in another way were allegations that Campbell had abused his police authority, particularly his power to arrest.

According to the warrant filed at his own arrest, Campbell conspired with Little Rock bail bondsman Bobby Cox to have an intermediary persuade a man named Roger Light to cook a batch of methamphetamine, so that Light could be arrested.

The idea, according to the warrant, was that Campbell and Cox could then “force” Light to help them catch an unnamed fugitive who had jumped a substantial bond underwritten by Cox.

The intermediary who set up Light expected that, in return, Campbell would help him clear his own record. He reported, however, that when he asked for their assistance, Cox threatened him and Campbell “told him he got screwed.”

As a result of that exchange, the intermediary reportedly decided he had nothing to lose by spilling his story to the State Police.

By February, when Sheriff Roberson called the Campbells to his office, the situation was clearly no joking matter.

Campbell stood accused of multiple felonies, including conspiracy to manufacture methamphetamine, hindering apprehension or prosecution, criminal conspiracy to commit residential burglary, theft by receiving and theft of services.

His wife, the mayor and two bail bondsmen faced numerous related charges.

And this time, when Campbell heads to court, the national media will be watching.

Some of the faces expected to appear are likely to be familiar.

Immediately after Campbell’s arrest, Linda Ives wrote letters reminding Lonoke officials that she had tried to warn them about Campbell when he was hired as the city’s police chief.

John Wesley Hall, who beat back Campbell’s libel lawsuit for filmmaker Pat Matrisciana, has been hired this time around to represent Campbell’s co-defendant, Bobby Cox.

Campbell himself will be represented by Hall’s partner, Patrick Benca.

Coming out of retirement to preside over the trials is Judge John Cole of Saline County.

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McNeil Arkansas Mayor Murdered In His Home

June 19, 2006

McNEIL, ARKANSAS — McNeil Mayor Ralph Ward, 83, was found dead in his home Thursday night, the victim of an apparent homicide, according to a release by the Columbia County sheriff’s office Friday.

Arkansas State Police investigators were on the scene Friday morning collecting evidence from Ward’s residence at 105 Mulberry.

Family members said Ward was found dead in a recliner in the living room of his home Thursday night by a relative. Family members said they had been told no other details related to the death.

Bill Sadler, spokesman for the Arkansas State Police, said Ward’s body was found about 9: 45 p. m. Thursday with wounds and trauma to portions of his body. Sadler would not elaborate on what kind of wounds, saying it was part of an ongoing investigation.

He said it was unclear Friday whether burglary was the motive for the homicide.

Ward had served as mayor of McNeil for 38 years, family members said, adding that they believe he was the oldest mayor in Arkansas.

Harold Wood, a former Mc-Neil Town Council member, called Ward, “one of the best men I ever knew. That’s the main thing. He didn’t get upset. He could handle people pretty well, and keep them from getting mad. We’re going to miss him.”

“He always tried to do his best for the city,” said Wood, who had served on the council with Ward for “30 or 40 years.”

Columbia County Justice of the Peace James Drake of Mc-Neil, Ward’s nephew, said that Ward had been like a second father to him while he was growing up.

While reminiscing about his uncle Friday, Drake said that when he was 16, Ward let him drive his brand-new car to Hope.

“He’d give you just about anything,” Drake said. “He trusted everybody.”

Great-grandson Robbie Mc-Callie said Ward was a goodhearted man who would help anybody he could.

“It was hard for him to say no to anybody,” granddaughter Nena Bolton said. “He was trusting and kind-hearted.”

Wood said Ward’s proudest accomplishments as mayor dealt with the maintenance of the town’s water and sewer system.

Last month, McNeil voters approved a special tax for the support of its volunteer fire department. The tax placed a $ 25 annual assessment on every home and business.

“He looked after the city. His home was his office. He lived right behind City Hall,” Wood said.

Ward retired from Alumax after 40 years in the traffic department. He served previously as McNeil School Board president, a Columbia County deputy sheriff and McNeil city marshal. He also operated a small cattle farm.

The mayor’s wife, Mary, died several years ago.

Ward had been in ill health in recent months, Wood said, but had been better lately. Wood said he saw Ward operating a backhoe a couple of days ago.

He said he couldn’t imagine why anyone would want to take the mayor’s life. Ward was not the type of person to get upset about civic affairs.

“I think it was just a random act,” Wood said about the apparent killing.

The suspected homicide took place across the street from the scene of McNeil’s last murder, the shooting death of convenience store owner Jerry Dean Anderson, 45. Curtis Ray Flowers was sentenced to life in prison without parole for the April 20, 2003, murder.

McNeil is a town of about 600 residents at the intersection of U. S. 79 and Arkansas 98 in northern Columbia County. Mike McNeil of the Banner-News of Magnolia contributed to this report.

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State Police Review Board a State Troopers Fatal Shooting of Unarmed Disabled Man

April 23, 2006

BENTON COUNTY, ARKANSAS - A 3-member State Police review board will now examine a State Troopers fatal shooting of an unarmed mentally handicapped man in Benton County.

Trooper Larry Norman has already been indicted by a grand jury for misdemeanor negligent homicide for the March 7 shooting.

The review board will now examine if Norman violated department policy and if he should be disciplined within the agency.

Norman shot 21-year-old Joseph Erin Hamley of Springdale during a manhunt.

Police had mistaken Hamley for an armed fugitive who was caught later in the day.

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