FORT SMITH: Chief: Lie was reason for firing

Commission OKs officer's dismissal

By Dave Hughes

Posted: July 30, 2009 at 5:41 a.m.

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FORT SMITH — Michael Isaacs was not fired from the Fort Smith Police Department last month for using unnecessary force during an arrest. He was fired because he lied during the internal investigation that followed, according to testimony Wednesday.

The f ive-member Fort Smith Civil Service Commission voted unanimously to uphold Isaacs' June 22 firing after a hearing Wednesday. Commission member Sister Judith Marie Keith said before the vote that commissioners held that there was an "essential requirement for honesty and integrity by officers."

Isaacs, a member of the force since September 2003, said after the three-hour hearing that he planned to appeal the commission's ruling to Circuit Court. He and his attorney, Jered Medlock of Fort Smith, said his firing was inconsistent with punishment meted out to other officers who were foundto have violated department regulations.

During the hearing, Police Chief Kevin Lindsey said he would not have fired Isaacs - and Maj. Mark Hallum said he would not have recommended firing him - if Isaacs had not lied during the investigation into his alleged use of force.

Isaacs also failed to file a use of force report, which is required after any level of force is exerted. According to testimony, Isaacs believed he had to file the report only if a person resisted arrest or failed to submit to arrest.

Witnesses testified that Isaacs lied about the circumstances surrounding the use of force against a man suspected of driving a stolen car who had run from an officer and was found hiding in a wooded area.He also lied about having improper communications with others involved in the investigation after being instructed not to talk about the investigation, witnesses said.

Patrol officer Daniel Honeycutt testified Wednesday that he chased suspect Herbert Patton, 34, into a thicket on South 35th Street south of Cliff Drive and west of Old Greenwood Road on June 12.He called for backup to surround the area and entered the thicket to search for Patton. Isaacs responded to the call and entered the woods as well.

Honeycutt said he spotted Patton hiding under thick bushes and, pulling out his Taser, ordered Patton to emerge and lie on the ground in a clearing with his hands behind his head. Patton complied but occasionally brushed leaves from his face, Honeycutt said.

Honeycutt said that as he was holstering his Taser and approaching Patton to handcuff him, Isaacs approached Patton, punched him in his right side and handcuffed him. Honeycutt moved in and held down Patton by the back of the neck as Patton began to rise up to protest being struck.

While being led out of the woods, Patton complained that he did nothing to deserve being punched, Honeycutt said. Honeycutt also said he did not see Patton provoke Isaacs.

Isaacs contended that he saw Patton make a sudden move to turn over and get up as he approached to handcuff him. He punched him to put him back on the ground, he said.

Isaacs did not testify during the hearing.

Honeycutt said he reported Isaacs' actions to his supervisor, Sgt. John Classen, who forwarded the information to the department's Office of Professional Conduct, which began an investigation.

The morning the two men were to be interviewed for the investigation, June 15, Isaacs pulled up to where Honeycutt had made a traffic stop, Honeycutt said. He said Isaacs apologized to him forgetting him in this situation and told him he wanted to make sure their stories were straight.

Honeycutt said Isaacs told him he was going to tell investigators that he struck Patton because he was trying to get up.

Isaacs was interviewed twice June 15 by Cpl. Mikeal Bates, who was conducting the internal investigation. Isaacs never mentioned the meeting he had with Honeycutt during the first interview.

Minutes before Bates interviewed Honeycutt, Honeycutt received a text message that Isaacs did not mention their meeting. Honeycutt told Bates about the meeting and Bates confronted Isaacs during his second interview.

Isaacs then admitted to meeting with Honeycutt and sending the text message, after which Bates said Isaacs put his head in his hands and said he lost his job.

Northwest Arkansas, Pages 7, 12 on 07/30/2009

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