OZARK — The continued effort to take away from workplace a western Arkansas sheriff convicted of federal crimes moved ahead final week.
Franklin County’s Circuit Court docket held a listening to Friday relating to the removing of Sheriff Anthony Boen, 51.
Jeff Phillips, prosecutor for Franklin, Johnson and Pope counties, mentioned afterward he’ll put together an order of everlasting removing for Circuit Decide James Dunham to think about.
“I will make reference to the truth that there might be a emptiness declared with the Quorum Court docket, who then, in flip, will fill that emptiness pursuant to the decide’s order,” Phillips mentioned.
Phillips mentioned he anticipated engaged on the order over the weekend. He expressed hope the order will go to Dunham early this week.
As soon as it’s signed by the decide, Phillips will file the order and ship copies to those that want it, together with the Quorum Court docket.
Phillips filed a petition in Circuit Court docket on Aug. 12 to order Boen’s removing from workplace, in accordance with courtroom data. Boen was served his courtroom summons that very same day.
Boen was convicted Aug. 9 by a jury within the U.S. District Court docket in Fort Smith of two counts of deprivation of rights below shade of regulation.
The costs stemmed from two use-of-force incidents in opposition to detainees in 2018 leading to accidents. He was acquitted of a 3rd rely.
The sheriff was indicted on the costs in November 2019. As a situation of his launch from custody pending trial, he was barred him from coming into the sheriff’s workplace and stripped of just about all of his duties, although he continued to attract his wage.
The petition to take away Boen from workplace argued Franklin County had paid him for greater than 19 months regardless of him having few duties and that he should not proceed drawing a wage after his felony convictions.
Rickey Denton was named undersheriff by the Quorum Court docket on July 23, 2020, which positioned him in control of the sheriff’s workplace and jail personnel, in accordance with the minutes of that assembly. The clerk’s workplace reported Denton has a yearly wage of $40,588 whereas Boen’s is $45,183.
Boen appeared in courtroom by way of Zoom on Friday as a consequence of being in custody earlier than his sentencing. He did not have authorized counsel.
Whereas Boen did not have any objection to the order of removing being entered, he mentioned his convictions might change as a consequence of authorized proceedings filed within the U.S. District Court docket.
Court docket data state Boen’s lawyer, Russell Wooden of the Wooden Regulation Agency in Russellville, filed a movement Monday for judgment of acquittal or a brand new trial.
The movement requested the courtroom to acquit Boen all prices or order a brand new trial on the 2 prices for which he was convicted. It argued the federal authorities did not current enough proof throughout Boen’s trial to determine past an inexpensive doubt Boen dedicated both of the offenses as alleged in his indictment.
A response from prosecutors to the movement had not been filed as of 4:45 p.m. Friday.
Boen has served as sheriff since 2011. The clerk’s workplace states Boen’s present time period runs till Dec. 31, 2022.
