Witnesses Face Perjury Charges

PROSECUTOR: PAIR WILL BE HELD ACCOUNTABLE FOR LYING IN COURT

By Scott F Davis

Friday, November 20, 2009

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FAYETTEVILLE — Two witnesses who provided alibi testimony for convicted felon Terry Hayes during his trial earlier this year now face felony charges of perjury.

Arrest warrants were fi led Thursday against Teresa Coleman, 43, of Prairie Grove and Ricky Frazier, 32, of Fayetteville.

Hayes, 41, was convicted Sept. 24 of aggravated assault on a family member, terroristic threatening, intimidating a witness and felon in possession of a fi rearm.

Hayes was accused on Jan. 19 of threatening to kill his then-14-year-old son while holding a gun to his head when the two were at Hayes’ residence on Black Oak Road outside of Fayetteville. Hayes was accused on June 23 of calling and threatening a witness — his son’s mother — the day before the case was set to go to trial.

Coleman told the Washington County Sheriff ’s Oft ce on Jan. 19 that Hayes called her and threatened to kill his son. She later testified in a hearing on Feb. 27 that she had an extended phone conversation with Hayes that night, according to the aft davit.

Coleman then testified during Hayes’ two-day trial in September that she never talked to Hayes on the phone that night.

Frazier told detectives he had sold a gun to Hayes and he retrieved that gun from a barn on Hayes’ property after the alleged incident involving Hayes’ son. He also said in a hearing on Feb. 5 that he sold Hayes a gun, according to the aft davit. At trial, he testifi ed he never sold Hayes a gun and never retrieved it from the barn.

Washington County Prosecutor John Threet would not discuss the current cases, but he said prosecutors hardly ever file perjury charges because they are hard to prove.

Deputy prosecutor Dustin Roberts said the state’s case is solid because the witnesses gave conflicting testimony during court hearings and at trial.

“They lied in court. They’ll be held accountable for that,” Roberts said.

While still on bond, Hayes disappeared from the Washington County Courthouse about an hour after the jury retired to deliberate a prison sentencing recommendation.

Hayes was later sentenced to 40 years in prison and fined.

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