Chief Says No Preferential Treatment for Cops in Bar Fight

FAYETTEVILLE — Police arrested a 22-year-old man outside a convenience store last week because his eyes were bloodshot and he smelled of alcohol.

On Friday, officers arrested an 18-year-old woman because she was vomiting and refused to leave a Dickson Street business.

But when two off-duty officers drank shots of alcohol and brandished guns at a pool hall early Saturday, police allowed them to leave.

According to state law, police can arrest a person in connection with public intoxication if they appear under the influence of a controlled substance to the degree they’re a danger to themselves or others, or if they cause a reasonable annoyance to people in the general vicinity.

Police Chief Greg Tabor said his officers followed departmental policy when they let the two off-duty officers go Saturday.

At A Glance

Public Intoxication

Police in Arkansas can arrest a person in connection with public intoxication if they appear under the influence of a controlled substance to the degree that they’re a danger to themselves or others, or if they cause a reasonable annoyance to people in the general vicinity.

Source: Staff Report

“Could they have been arrested for public intoxication?” he said. “Yes. However, it’s our practice not to arrest people for public intox if they have someone who is responsible to take care of them and get them home safely. In this case, the officer’s son was sober and felt he could get them home safely.”

Authorities on Monday suspended Little Rock patrol officer Jeffrey Harris and Prairie Grove detective Rex Frederick for their involvement in the fight.

Frederick didn’t answer phone calls to a number listed in Washington County voter registration records.

The officers were drinking beer and liquor before starting a fight and pulling out their guns at Billy’s Pool Hall on Razorback Road, according to Adam Morano, pool hall manager.

Security video shows Frederick pushed a man in the back after the detective was asked to leave. That push led to a fight with employees and customers. Harris pointed a weapon at several customers during the fight, according to the video.

The video shows Frederick holding a gun as the officers were leaving the establishment.

Tabor said the officers weren’t arrested in connection with third-degree battery because it’s a misdemeanor.

Correction

A previous version of this story misstated the type of misdemeanor battery charge Tabor was discussing. The error has been corrected.

Officers can only arrest someone in connection with misdemeanor charges that happen in their presence.

Tabor said the officers weren’t arrested in connection with aggravated assault because they were legally allowed to carry their guns into the restaurant.

Concealed weapon laws in Arkansas prohibit carrying weapons into establishments that sell alcohol, unless it is a restaurant.

“In the video, you see one officer go down and a crowd form around the other,” Tabor said. “Is that aggravated assault or another officer defending himself? We don’t know if it was justified.”

Police Sgt. Craig Stout said investigators were still interviewing witnesses Wednesday.

He said the case will be sent to the prosecutor’s office to determine if any charges will be filed against Harris and Frederick.

Matt Durrett, chief deputy prosecutor, said the Washington County Prosecutor’s Office won’t be able to review the case because of its “close working relationship” with Frederick.

“Being in law enforcement, we work with him quite often,” Durrett said. “We’ll have to have a third party look at it. The prosecuting coordinator’s office out of Little Rock has a conflict attorney we might use or we’ll have to find someone else. We’ll get someone named as soon as we get the case.”

In the past year, Fayetteville Police have been called to Billy’s Pool Hall six times for various reports including an armed person, assault and battery, noise complaint, theft and a business check. No one was arrested in any of those incidents, according to police records.

Tabor said his officers also didn’t need to arrest Harris and Frederick right after the incident because they work for law enforcement.

“They know where to find them if they need to interview them,” he said. “If they were someone we had never heard of, you might be justified. But, what’s the hurry? Why do they have to be arrested that second?”

Tabor said his officers didn’t give preferential treatment to Frederick or Harris because they work for law enforcement.

“After you watch the video, it’s easy to sit back and play Monday morning quarterback,” he said. “Would you rather us not make sure we have all the facts and not make sure what’s going on before we make an arrest? This happens all the time, but it’s never an issue because they’re not a cop, or the mayor or a high-profile person. We don’t arrest people on the spot until we can investigate further and get all the facts.”

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