FAYETTEVILLE — The aggravated assault trial of former Little Rock police officer Jeffrey Harris, who was involved in a Fayetteville bar fight in April began Wednesday in Washington County Circuit Court with bar employees and patrons painting Harris as the drunken aggressor.
Harris, a former state trooper who joined the Little Rock Police Department in 2011, was charged with aggravated assault after he and former Prairie Grove Officer Rex Frederick were involved April 12 in a fight at Billy’s Pool Hall on Razorback Road.
The officers were drinking beer and shots before starting a fight and pulling their guns, witnesses said.
But, Harris’ defense attorney, Bill James, told jurors Harris was protecting himself, his son and Frederick when he pulled a handgun in in the middle of the melee.
Security video of the incident showed shoving and the two officers pulling their guns. Harris pointed his gun at several people during the fight, and Frederick was holding a gun as the two left the building.
James told jurors in his opening statement the fight started when a female bartender hit Harris in the face with a beer bottle. Harris’ son, Cody, and Frederick got involved, and Frederick was hit by the bartender and then tackled by a patron, James said. Guns were drawn, then members of a motorcycle club, who had started to leave, came back into the bar and surrounded the three.
“He did nothing but protect his son. He did nothing but protect his friend. What he did was in self-defense,” James said. “He may be guilty of some bad judgment, but no crimes.”
James said it was not illegal for the men to have their guns in the bar, even if they were drinking.
Legal Lingo
Self-Defense
A defense to certain criminal charges commonly asserted in cases of homicide, assault and battery, and other crimes involving the attempted use of violence against an individual. A person claiming self-defense must prove the self-defense was justified. Generally a person may use reasonable force when it appears reasonably necessary to prevent an impending injury. A person using force in self-defense should use only so much force as is required to repel the attack. Deadly force may be used to fend off an attacker who is using deadly force but may not be used to repel an attacker who is not using deadly force.
Source: The Free Legal Dictionary
Marc McCune, a Crawford County prosecutor, was appointed special prosecutor to the case after Washington County prosecutors said they couldn’t review the case because of their close working relationship with Frederick, told jurors Harris was provoking, annoying and harassing members of the now-defunct “Pole Cats” motorcycle club who had gathered for karaoke that night but none of the group touched Harris. McCune said Harris’ version of events, including being punched by someone, was not truthful.
“This defendant was intoxicated and endangered the lives of several people,” McCune told jurors. “Two people say Jeff had his finger on the trigger and pointed the gun right at them.”
Jonathan Kuenzel, an employee of the bar, said staff and members of the motorcycle club were just trying to get Harris to put his gun up and leave. He said Frederick wasn’t getting beaten up and there was a clear path to the door.
“He looked like a scared animal,” Kuenzel said. “He’s going from one side of the room to the other.”
Michael Kalish, a member of the motorcycle club from Bentonville, said Harris was drinking from a pitcher of beer and approached members of the group in an aggressive manner. Kalish said they knew Harris was a cop and didn’t want any trouble. The motorcyclists were outside preparing to leave when the altercation started, he said. A bartender called them back in for help.
Kalish said Harris and Frederick both had their guns drawn and Harris pointed his in Kalish’s face.
Brian Lofton, the owner’s son, said Harris was a relative but was being aggressive toward him that evening. Lofton said he told Harris he needed to go and left himself before the fight started.
“We never had a problem with the Pole Cats,” Lofton said. “The only person being aggressive was Jeff.”
Mraina Cauldwell, a bartender who wasn’t involved in the fight, said she stopped serving alcohol to Harris about an hour before the fight because he seemed drunk and was being aggressive toward her. Cauldwell said several of the Pole Cats told her they were leaving early because they didn’t want to get into an argument or altercation with Harris. They had left the building when the fight started, she said.
Caldwell said another female bartender and one of Harris’ group, probably Frederick, got into a shoving match. A patron tackled Frederick and other staff and patrons tried to pull everyone apart. She then saw Harris waving a gun around and ducked behind the bar, she said.
All three men were allowed to leave the property without being arrested or issued a citation by Fayetteville police. Harris was later charged with aggravated assault.
Frederick and Harris were both charged with misdemeanor charges of disorderly conduct and harassment. Both men were later fired from their respective departments.
Aggravated assault is a felony charge punishable by up to six years in the Arkansas Department of Correction and a fine of up to $10,000. Disorderly conduct is a misdemeanor punishable by up to 30 days in jail and up to a $500 fine. Harassment is a misdemeanor punishable by up to one year in jail and a maximum fine of $2,500.
The trial will resume at 9 a.m. today.