BENTONVILLE — A man suspected of raping a 75-year-old woman was released from custody this week after a mistake by the Benton County Prosecutor’s Office.
“I was just appalled,” the son of the victim said. The son’s name is not being used as not to identify his mother.
Brian Tyler Jordan, 41, of Seligman, Mo., is charged with rape, a class Y felony punishable with a prison sentence ranging from 10 to 40 years or life imprisonment. Jordan is a accused of raping the 75-year-old woman in her home.
Jordan pleaded not guilty earlier this week. Circuit Judge David Clinger ordered Jordan be released because prosecutors had not filed formal charges within 60 days of Jordan’s arrest. That is required when an individual is being held in jail.
Benton County Prosecutor Van Stone described the incident as a “bad mistake.”
The Case
Jordan’s Plea
Brian Tyler Jordan pleaded not guilty to rape, a class Y felony. He could be sentenced from 10 to 40 years or life imprisonment if convicted.
“We are doing all we can to make sure he stays in jail,” Stone said.
Jordan was first arrested May 19 in Barry County, Mo. He waived extradition and was returned to Benton County on May 25 where the warrant was served again.
Deputy Prosecutor Virginia Gottman went by the May 25 date instead of the May 19 date. The time began running on May 19 since Jordan waived extradition and agreed to return to the county, Stone said.
“It’s a bad mistake,” Stone said. “We are going to do what we can to correct it.”
Jordan was released from the Benton County Jail, but taken to the Barry County Jail where he is being held on a parole violation.
The woman’s son said his mother and other family members are relieved Jordan is back in custody.
“I know she made a mistake,” the son said of Gottman. “I want to see her keep her job because this is one mistake she will never make again.”
The woman reported an old neighbor, who she only knew as Brian, was visiting her home, according to court documents. She said he raped her after she let him into her house on Feb. 27, according to the affidavit. The attacker assaulted her and threatened to kill her before raping her, according to court documents.
The woman was taken to a hospital where a sample of her attacker’s DNA was retrieved and sent to the Arkansas Crime Laboratory.
The woman was able to identify Jordan through online photographs of registered sex offenders, according to court documents.
Jeremy Felton, an investigator with the Benton County Sheriff ’s Office, went to Missouri to interview Jordan, according to court documents. Jordan admitted to knowing the woman. He told Felton he was at his brother’s home in Pea Ridge when the woman was raped, according to the affidavit.
Jordan denied raping the woman, but provided a DNA sample, according to court documents.
Felton received a report in May from the state crime lab that showed Jordan’s DNA was consistent with the DNA sample retrieved from the victim, according to court documents. That report led to Jordan’s arrest.
Prosecutors in Benton and Washington counties issued two arrest warrants for Jordan on Friday.
The Washington County case deals with his failure to pay costs in a 2005 terroristic threatening case.
Stone said his office issued a warrant for witness bribery, a class C felony. Jordan is accused of offering a benefit to a friend in an attempt to get the friend to lie to investigators, Stone said.
The new arrests will allow prosecutors to place a hold on Jordan in Missouri.
Stone said Jordan will be extradited back to Arkansas and a new bail will be set.
The man said his mother is doing well knowing Jordan is back in jail.
“She was distraught when she learned he was getting out,” the man said. “Her concern has been alleviated now that he is still in jail. She’s just wanting to get back to her life.”