FAYETTEVILLE — The trial of former Little Rock police officer Jeffrey Harris, who pulled a gun during a bar fight last summer, ended abruptly midtrial Thursday when Harris pleaded “no contest” to two misdemeanor charges.
Webwatch
Bar Fight
See the bar fight video at http://www.nwaonline.com/news/2013/apr/18/chief-says-no-preferential-treatment-cops-bar-figh/
Legal Lingo
No Contest
A defendant’s plea in court that he will not contest the charges, also called “nolo contendere.” While technically not an admission of guilt, the judge will treat a plea of “no contest” as such an admission and proceed to find the defendant guilty as charged. “No contest” is also used where there has been a plea bargain in which the defendant doesn’t want to say he is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge, which is often reduced to a lesser crime.
Source: law.com
Harris, a former state trooper who joined the Little Rock Police Department in 2011, was charged with felony aggravated assault, and misdemeanor charges of harassment and disorderly conduct. He and former Prairie Grove Officer Rex Frederick were involved April 12 in a fight at Billy’s Pool Hall on Razorback Road.
The trial ended just after lunch when Circuit Judge Mark Lindsay accepted Harris’ plea to first-degree assault and harassment. Harris was given a one-year suspended sentence and a $1,500 fine. The disorderly conduct charge was dropped as part of the deal.
The conviction is subject to expungement if Harris meets all conditions of his suspended sentence and pays the fine.
“It was a bad situation for everybody. Under the circumstances we felt it was the best way to end the matter,” said Bill James, Harris’ attorney. “It will not prevent him from being in law enforcement in the future, if he can find a job.”
Both men were fired from their respective departments. Harris’ appeal of his dismissal from the Little Rock Police Department is set for March 13.
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.
McCune said there were issues with some of his witnesses and some testimony changed since the incident. Some potential witnesses also refused to cooperate.
“I felt it was best to plead it. I felt those charges were appropriate based on how the trial had progressed up to this point,” McCune said. “Part of me wanted to keep going and see what the jury would do, but sometimes you just gotta make a decision on it.”
The maximum sentence for each of the misdemeanors is a year in jail and a fine of $2,500.
James told jurors Harris was protecting himself, his adult son and Frederick when he pulled a handgun in in the middle of the fight. James said it wasn’t illegal for the men to have their guns in the bar, even if they were drinking.
McCune told jurors Harris was drunk and endangered the lives of several people in the bar when he pointed the gun at them.
Security video of the incident showed shoving, a scuffle and the two officers pulling guns. Harris pointed his gun at several people during the fight. Frederick was holding a gun as the men left the building.
Based on the video, the fight appeared to start when a bar employee said something to Frederick and he shoved the employee in the back. A female bartender punched Frederick in the face and the two started struggling. A bar patron tackled Frederick and they fought on the floor until the bar’s manager grabbed Frederick.
Harris pulled his gun and the crowd parted. Harris continued to walk around the bar waiving the gun as Frederick and his son tried to make him leave.
Members of a now-defunct local motorcycle club surrounded the fight but didn’t appear to take an active role.
The bikers had been outside preparing to leave but came back inside when the fight started. According to testimony, the bikers were leaving because Harris was acting in an aggressive manner toward them and they wanted to avoid an altercation.
Harris and Frederick were allowed to leave the property without being arrested or issued a citation by Fayetteville police. Harris was later charged with aggravated assault.
Frederick was charged with misdemeanor charges of disorderly conduct and harassment. He pleaded guilty Nov. 13 and was sentenced to 12 months probation, fined $750 and ordered to complete anger management counseling. He was also ordered to have no contact with Billy’s Pool Hall or any of the victims in the case.