Police stopped a pickup Saturday driven by Benton County Sheriff Keith Ferguson after an officer noticed a missing sticker from the vehicle’s license plate.
Cpl. Joshua Woodhams and another officer stopped Ferguson at 11:03 a.m. at 406 S. Walton Blvd., according to an incident report from the Bentonville Police Department. Ferguson was driving a black Chevrolet Silverado.
Bentonville Police Chief Jon Simpson said Monday the sticker noting the month of expiration was missing from the pickup’s license plate. The officer can be heard on the patrol car’s dash video camera telling Ferguson during the stop that he checked the license plate through the state’s crime information center computer and no information was available.
Ferguson challenges the officer during the stop.
“Did I violate the law?” he asks. “They’re legal. The tags are legal.”
“Sir, I don’t know that until I pull you over,” the officer responds. “Am I suppose to know that until I pull you over?”
“If you want to write me a ticket, write me a ticket. If not, I’m going to leave and go to Walmart,” Ferguson says.
“No sir. OK. I have to verify a few things. OK. I just need you to calm down,” the officer says.
“I’m not excited. You’re the one who’s excited,” Ferguson says. “You knew who in the hell I am and you pull me over for my tags. Is that right?”
Woodhams tells the sheriff he didn’t know who he was because the windows are tinted and the license plate is not registered to him. The officer asks for a driver’s license, registration and insurance. Ferguson says the registration is at the office and he does not have proof of insurance because all county vehicles are covered under one insurance policy. He says he is not required to carry proof of insurance in a county-owned vehicle.
Woodhams goes back to his patrol car and asks his supervisor, Lt. Robert Burkhart, to come to the location of the stop. Woodhams describes Ferguson to Burkhart on the call as being uncooperative and difficult during the stop, according to the video.
Ferguson said Tuesday that his license plates, insurance and registration are all in order.
"The (Bentonville) chief was not at the traffic stop," Ferguson said. "He’s listening to his officers. I have got license plates. My plate has a 1 sticker on the left side and a 13 sticker on the right side."
Ferguson was not given a citation and was allowed to leave.
He did have parting words for the two officers who made the stop and for Burkhart.
“I’ve been a policeman for 42 years and if that’s all your deputies, your officers, have to do, they ain’t got nothing to do,” Ferguson said.
Ferguson added something that could not be understood about the officer recognizing him.
The sheriff was told he could file a complaint. He replied he would not file a complaint, but would call Simpson.
“This is (expletive),” Ferguson said before leaving the scene. “I wouldn’t have any officer like that work for me. No.”
Bentonville Mayor Bob McCaslin confirmed Monday that Ferguson telephoned him concerning the traffic stop. McCaslin described the call as cordial and said Ferguson was not rude. McCaslin said he told Ferguson he was unaware of the traffic stop.
“His call to me is a nonstory,” McCaslin said.
Simpson said he would not comment on certain details concerning the traffic stop. Simpson said he believes his officers handled the incident appropriately.
“We have no way of knowing if it’s the chief of police, the mayor, the sheriff or the guy down the street,” Simpson said. “We have no concern. The record speaks for itself.”
Simpson said his officers carry proof of insurance in their unmarked vehicles.
George Spence, county attorney, said county vehicles are insured under a state program, but Spence did not know whether proof of insurance is required in each vehicle.
Debbie Norman, the risk manager for the Arkansas Association of Counties, said a fleet card is provided for county-owned vehicles.
“I don’t know if they are legally required to have one in a car,” Norman said. “It’s up to them to decide what vehicles they place the cards in.”
Telephone calls were also made to the Arkansas Department of Finance concerning whether proof of insurance is required in county-owned vehicles. A person with the department said proof of insurance is not needed when obtaining tags, but she had to research whether the insurance information is required in vehicles. She did not return the call by 5 p.m. Monday.
Ferguson is serving his fifth and last term as sheriff. He did not run for re-election. His term expires at the end of the year.
It was not Ferguson’s first traffic stop by a Bentonville police officer.
About 3:25 a.m. Jan. 7, 2006, Ferguson was stopped by an officer for driving left of the center line near the intersection of Southwest 14th Street and Walton Boulevard. Ferguson said he either presented or handed his driver’s license to the officer and drove away when the officer gave the license back to him. The officer claimed he never indicated the driver was free to go or that the traffic stop was over.