Benton County Paperwork Miscue Ends Up Costing $100,000

BENTONVILLE -- A paperwork error left a man mistakenly jailed in Benton County for almost a year.

The Benton County Sheriff's Office gave Angel Alvarado-Villalobos $100,000 to compensate him for the mistake before a lawsuit was even filed. Bentonville attorney Shane Wilkinson, whose firm represented Alvarado-Villalobos, confirmed the case was resolved through a settlement signed Sept. 26.

The mistake didn't originate with the Sheriff's Office, according documents related to Alvarado-Villalobos' case, but jail staff didn't catch the error.

Neither Wilkinson nor Alvarado-Villalobos could comment on the case as part of the settlement, Wilkinson said.

Alvarado-Villalobos, 40, was booked into the Benton County Jail on March 16, 2013. He was released April 29.

Alvarado-Villalobos was being held in the Washington County Detention Center for contempt of court Feb. 9, 2013. He had been arrested in Illinois and brought back to Washington County in the contempt case. He was given a 120-month suspended sentence and credit for 34 days he served in the jail there, according to Randall Denzer with the Washington County jail.

Alvarado-Villalobos also was wanted in connection with a driving while intoxicated case in Bentonville District Court.

Todd Cornwell, a Cave Springs police officer, was at the Washington County jail on March 15, 2013, to pick up another prisoner and he was asked to bring Alvarado-Villalobos from the Washington County jail to the jail in Bentonville, according to documents from the Benton County jail.

Alvarado-Villalobos was booked into the Benton County jail at 12:43 a.m. March 16, 2013. Cornwell, in a letter to his chief, admitted to writing "U.S. Marshals hold" on the paperwork. He said a jail deputy told him a hold was on Alvarado-Villalobos.

There was an immigration detainer in Alvarado-Villalobos' file, but no U.S. Marshals Service hold, Denzer said.

Tony Overstreet, a supervisory deputy for the Marshals Service in Fort Smith, said an immigration detainer and U.S. Marshals hold are separate and not used interchangeably. A Marshals hold isn't used in immigration matters, Overstreet said. Marshals holds are placed on individuals in federal cases that are held in county or state facilities, Overstreet said.

Alvarado-Villalobos appeared in Bentonville District Court on May 10, 2013. He pleaded guilty to the driving while intoxicated and other misdemeanor charges.

Judge Ray Bunch sentenced him to time served. That meant Alvarado-Villalobos should have been released from jail. But the U.S. Marshals hold in his paperwork prevented him from being released.

Alvarado-Villalobos, a Mexico native, is in the country illegally. He had been deported before, so an immigration detainer was in his file. The paperwork states Alvarado-Villalobos was to be released if not picked up within 48 hours by immigration officials.

His family became concerned. They began calling local law offices. A family member talked with Rachel Bush of Wilkinson's office. Bush talked with jail staff and the U.S. Attorney's Office. She learned the U.S. Marshals never had a hold on Alvarado-Villalobos.

Bush's work led to Alvarado-Villalobos' release from jail after 354 days.

According to the letter to his chief, Cornwell said he processed his prisoner and then completed the paperwork on Alvarado-Villalobos. Cornwell said he informed a Benton County booking deputy he was told Alvarado-Villalobos had a U.S. Marshals hold, which Cornwell also wrote on the intake paperwork.

Cornwell's letter didn't specify who told him, only that he heard it from detention staff at the Washington County jail. The letter was with other documents concerning Alvarado-Villalobos' jail stay in Bentonville.

Benton County Sheriff Kelley Cradduck admits mistakes were made.

"There isn't a facility in the United States that doesn't make mistakes," Cradduck said. "It's unfortunate, but it's a great teaching tool."

Cradduck said the settlement terms limit what he can say about the case.

"It's not cut and dry that we held this individual too long in the jail," he said.

Cradduck said the case also sheds light on the "bigger issue" of jail overcrowding and working with less manpower.

He said new policies have been put in place, but he didn't provide details.

Jason Owens, a Little Rock attorney with the firm Rainwater, Holt and Sexton, represented the Sheriff's Office in the settlement. The $100,000 settlement didn't come from county money, but was paid through an insurance policy with the Arkansas Association of Counties.

Alvarado-Villalobos gave up any claims he may have had against the Benton County Jail by agreeing to the settlement.

Alvarado-Villalobos now lives in Illinois, Wilkinson said. Wilkinson declined to say what city Alvarado-Villalobos lives in now or to provide any of his contact information.

NW News on 12/14/2014

Upcoming Events