LITTLE ROCK — Arkansas Surgeon General Joe Thompson will go on trial May 30 on three misdemeanors stemming from his confrontation last month with two Little Rock police officers.
The trial was set after Jack Lassiter, a Little Rock attorney who is representing Thompson, said he called in an innocent plea last week to Little Rock District Court on behalf of Thompson, whose initial appearance had been scheduled for Thursday.
Thompson also hasn’t ruled out filing a complaint with the Little Rock Police Department over the actions of officers Christopher Johannes and Nicholas Kinseyduring his March 31 arrest outside his Hillcrest home on charges of disorderly conduct, refusal to submit to arrest and attempting to influence a public servant.
If Thompson files a complaint, he said his attorney would comment at the appropriate time. “When we make those decisions, he’ll make the statements for me.”
Thompson did not say what specific actions by Johannes and Kinsey he would base a complaint on.
His comments came after the Police Department, in response to requests from news organizations, released copies of video and audio recordings taken from the responding officers’ patrol cars.
“The audio tape released yesterday is a little different than the police report,” Thompson said in a brief interview Tuesday evening. “I’ll stop there.”
Separately, Lassiter said he has viewed police video and audio recordings of the incident and has a “number of things I want to discuss with the [arresting] officers” at trial. “I’m not going to give them a preview here.”
While Lassiter said he planned to “vigorously defend” his client, he also said that “anything can happen” in a criminal case. He hasn’t spoken with the prosecuting attorney’s office. John Johnson, chief deputy prosecuting attorney for the 6th Judicial District, said he was following standard policy on criminal cases when he declined to discuss Thompson’s case Tuesday.
The Police Department is conducting a divisional review of the case, as it does in all cases that involve the use of force, said Lt. Terry Hastings, a police spokesman. That investigation usually is completed within 30 days, he said.
Thompson, 49, was arrested after an argument with police officers, one of whom said in a report that the state’s top medical official “had a strong odor of alcohol and was swaying as he stood.”
The officers said they forced Thompson to the ground and handcuffed him about 10:45 p.m. at his Ridgeway Drive home after he refused to comply with their orders.
While he was being taken to Little Rock police headquarters, Thompson identified himself as the surgeon general and told an officer, “You have made a mistake, because I work for the governor,” according to a police report.
Thompson’s arrest was precipitated by an argument between Thompson and a Stephens Inc. security officer parked outside Thompson’s home. After Thompson confronted security officer Jacob Farque, Farque called police.
“He’s been apparently drinking. I can smell it on his breath, and he’s trying to cause a disturbance, get in my face,”Farque said.
Farque then provided a description of Thompson and his attire, which included an orange-colored Hawaiianstyle shirt, and explained further why he called.
“He came running out to my vehicle as I was parked, and he pretty much kept getting in my face ... trying to get me to do something to him,” Farque told the 911 dispatcher.
The dispatcher then asked Farque to identify himself, his employer and whether he was on duty. Farque also volunteered that he was driving a black Chevrolet Tahoe sport utility vehicle, adding, “I am armed.”
“Hope you don’t have to use it,” the dispatcher replied.
She then asked whether Thompson had returned to his home. “I don’t know,” Farque said. “He walked back to the porch of another house.”
Johannes and Kinsey eventually arrived, with their interaction with Thompson recorded by video and audio equipment installed on the officers’ patrol cars. The Police Department released copies at the request of various news organizations and others.
In the recordings, the officers can be heard conferring first with Farque before approaching Thompson’s home and knocking.
“Good evening, was there a problem earlier, sir,” Johannes asked Thompson when he greets the officers.
“Only that we have a private security force in the neighborhood that is not authorized,” Thompson said.
“Oh, yeah, they are,” the officer replied. “If they own property, they are more than welcome on their property.”
“They are not authorized on my property,” Thompson said.
“Where are they on your property,” the officer asked.
“He was parked in front of my house,” Thompson replied.
“It’s not illegal to park in front of your house, is it?” Johannes said. “Is there a street sign, or anything, sir?”
At that point, someone, presumably Thompson, said, “Back off.”
“Sir, I’m asking if there was a problem,” Johannes said.
“Yes, there’s a problem,” Thompson said.
Johannes and Thompson continuing discussion before the officer asks Thompson to step over “here.” Thompson refuses, saying “this is my house. I have done nothing wrong.”
He also asks an officer to turn off a flashlight to which the officer, apparently, Kinsey, angrily responds, “This is a safety issue. I need to see you ... If I think you are a threat, I will handle it.”
At that point, Thompson identifies himself as the “surgeon general of the state of Arkansas.”
A momentary quiet ensues, with one officer saying, “I need to get some information from you and I’ll let you go.”
Thompson continues yelling, refusing to comply with the officers’ request.
“You’re under arrest,” Johannes said.
“I’m in my own house,” Thompson said.
“No, you are on your front porch.”
Sounds from what appears to be a struggle can be heard and an officer ordering Thompson to put his hand behind his back and telling him he’s resisting, which Thompson denies.
“You made this more complicated by yelling and screaming,” Johannes said. “I’m tired of being super nice to you. It’s over.”
Thompson resists giving his name for a time but finally relents and still surprised at his arrest.
“I was on my front door step when you arrested me,” he said. “I was not resisting.”
As Johannes takes Thompson to the downtown police station, Thompson can be heard on the audio, saying, “You’re making a mistake.”
Northwest Arkansas, Pages 9 on 04/11/2012