OZARK — The method to take away a River Valley sheriff convicted of two federal felonies is already in movement.
Jeff Phillips, prosecutor for Franklin, Johnson and Pope counties, informed Franklin County’s Quorum Court docket throughout its assembly Thursday he filed a petition within the county circuit courtroom that day to order the elimination of Sheriff Anthony Boen, 51, from workplace and permit a emptiness to be declared on each an emergency and everlasting foundation. He had Boen served with the petition as effectively.
“That petition mainly states that, due to his felony convictions, that he can not function sheriff of Franklin County,” Phillips stated.
This comes after a jury within the U.S. District Court docket in Fort Smith convicted Boen on Monday of two federal counts of deprivation of rights underneath coloration of regulation on the finish of a trial that started Aug. 2. The fees stemmed from two use-of-force incidents in opposition to detainees in 2018 leading to bodily harm. He was indicted on three counts Nov. 20, 2019, however the jury discovered him not responsible on one of many counts.
U.S. District Decide Timothy L. Brooks dominated Boen can be in custody earlier than sentencing attributable to being convicted of felony violent offenses that injured his victims. He expects Boen to be sentenced in roughly 4 months.
Franklin County Decide Rickey Bowman stated he requested Phillips and Christopher Brockett, lawyer for the county, to assist the Quorum Court docket with the following steps wanted to declare a emptiness for the sheriff’s place shortly after receiving phrase about Boen’s convictions.
The petition from Phillips states, along with making a proper dedication to take away Boen from workplace, the circuit courtroom ought to enter an order eradicating him on a short lived foundation. It beneficial the short-term emergency order be in place till Boen will be served and the matter will be heard, after which the order to take away would change into everlasting.
The petition states this is because of Franklin County paying Boen his full wage for greater than 19 months whereas he wasn’t appearing in his capability as sheriff. It additionally acknowledged, pursuant to the case regulation Campbell v. State (1989) 300 Ark. 570, Boen should not proceed drawing a wage after his felony convictions.
“The Campbell determination establishes that the defendant can not declare his conviction is not binding as a result of he has not been sentenced,” the petition states. “The Campbell determination additionally clearly states that the defendant just isn’t entitled to stay in workplace till his enchantment course of is exhausted.”
Boen was forbidden from getting into the Sheriff’s Workplace and needed to relinquish all duties aside from signing worker checks that had been delivered to his residence per the 2019 order setting the situations of his launch on a $5,000 bond.
Brockett stated the Quorum Court docket voted in April to finish authorizing county staff to ship Boen checks. It additionally established Might 1 as the beginning of a 90-day interval after which it might have voted to show the potential for eradicating Boen to Phillips. An elected official will be faraway from workplace if he fails to do his duties for 90 days.
The Quorum Court docket named Rickey Denton as undersheriff on July 23, 2020, in response to the minutes of that assembly. This positioned him in command of the Sheriff’s Workplace and jail personnel.
Denton has a yearly wage of $40,588, in response to the Franklin County Clerk’s Workplace. Boen’s yearly wage is $45,183.
Phillips stated Thursday he’ll know whether or not or not the short-term elimination will occur “throughout the subsequent few days.” Boen had 60 days to reply the petition.
The Quorum Court docket additionally unanimously voted Thursday to ask Brockett to jot down Boen a letter asking for his resignation as a consequence of his convictions. An affirmative reply from Boen would enable the Quorum Court docket to declare a emptiness in Boen’s place.
Brockett stated the Quorum Court docket would appoint somebody to exchange Boen ought to he not be in workplace. This particular person would solely serve out the rest of Boen’s time period and would not be capable of run for the sheriff place within the 2022 election.
Brian Lachowsky, justice of the peace, stated when requested about Boen’s convictions he was happy the authorized system “carried out because it ought to” and the county will transfer ahead from there. Nevertheless, he believes it “deeply unlucky” Boen was unable to deal with the stresses that got here along with his place and never commit felonies.
“I am very a lot a fan of the sheriff, Anthony Boen,” Lachowsky stated. “He is an excellent man. He was underneath a whole lot of strain, and he evidently did some issues that he shouldn’t have accomplished. I believe he in all probability regrets them.”
Lachowsky stated he can be grateful to Boen if he resigned as sheriff, saying it might present nice aid to the county rapidly. He additionally helps what Phillips has accomplished by the county circuit courtroom.
Jerry Dorney, chief deputy for the Sheriff’s Workplace, stated the division had no remark relating to Boen.
Boen has served as sheriff since 2011. The County Clerk’s Workplace states his present time period runs till Dec. 31, 2022.
Sheriff Anthony Boen faces as much as 20 years in federal jail and extra fines because of his two felony convictions.
Supply: Charlie Robbins, public data officer for the U.S. District Court docket for the Western District of Arkansas