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Commissioners Appointed For Stovall Case

BY JOHN MILLER
Published Wednesday, June 30, 1999 in the Nevada County Picayune

Five temporary commissioners have been appointed by Gov. Mike Huckabee to hear the case of former Arkansas State Police Captain Ron Stovall of Hope.

This is because five of the seven members of the State Police Commission recused themselves from hearing the case.

Those appointed are: James Davis, 70, of Little Rock; W.H. "Sonny" Dillahunty, 71, of Little Rock; Alec Farmer, 35, of Jonesboro; Bob Watts, 69, of Harrison; and Ronald Pierce, 64, of Mountain Home.

Stovall, former commander of ASP Troop G in Hope, was terminated March 11 after being accused of informing a suspect in a drug investigation of the probe.

According to reports, this led to the suspect destroying the evidence.

The investigation into Stovall's involvement came after the ASP in Little Rock was informed of Stovall's actions. These actions reportedly undermined a multi-agency probe of the suspect.

However, Stovall's attorney, Nick Patton of Texarkana, said his client gave the suspect what was called a "fork in the road" sermon" after a family friend in Prescott asked Stovall to counsel her 38-year-old son, who she believed was possibly using or selling drugs.

According to Patton, such counseling is considered an important part in the prevention of crime as officers tell those being counseled the possible consequences of their actions. "I think it's absolutely the most important role of a law enforcement officer," Patton said.

Such counseling, Patton continued, may be a "technical violation of (state police) regulations, but is something other officers have been known to do as well.

"If this ever gets to a hearing, there will be literally dozens of officers who'll say, 'Yes, I've done this,' and some will say they do it on a weekly basis," he said.

However, according to a letter of termination from Col. Tom Mars, commander of the ASP, Stovall was repeatedly told not to talk with the suspect as he was being investigated for possible drug trafficking, yet did anyway.

Stovall was informed of the reasons for his firing in a March 15 letter from Col. Tom Mars, with the ASP.

The letter states: "You had contacted a suspected drug dealer who was then a specific, identified target of a multi-agency narcotics investigation and intentionally communicated to him law enforcement officials were aware of his illegal narcotics activity and he should discontinue such activity to avoid being arrested, prosecuted and incarcerated for a felony crime."

Patton didn't agree with the conclusions Mars reached, saying, "Mars' interpreted the extent of the investigation in a more severe fashion than I see it. It was not an investigation that was leading to an arrest. It was not an investigation leading to a search warrant."

Patton filed a motion in the Hope Circuit Court seeking an injunction against Stovall's appeals hearing. The motion was in response to another letter Mars sent to state police commissioners detailing his side of the case.

Such a move, Patton said, is improper as the commissioners will serve as jurors in the case to decide Stovall's fate concerning the justification of being fired.

The move was compared to an attorney communicating with jurors before or during a trial.

Mars, though, said his actions with the letter to the commissioners were more in line with a lawyer giving information to a judge.

The attorney further stated Stovall was in no way trying to tip off the suspect and was simply doing a favor for a family friend by counseling the man.

Patton said Stovall's actions are nothing more than any other officer would do as a matter of course.

He added this may be a technical violation of ASP policy, but the punishment seems to be severe in this case.

"He's been a superlative officer," Patton said. "His personnel record is spotless. There's nothing there."

According to Patton, officers have, on two occasions, attempted to purchase drugs from the suspect in question and have failed both times, so the investigation was going nowhere.

Mars' letter to Stovall concerning the termination went into great detail as to why the 26- year veteran was fired.


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