HARRISON -- A jury deliberated Friday in the federal trial of Bull Shoals Police Chief Daniel Sutterfield but hadn't reached a verdict late Friday on charges that Sutterfield used excessive force during an arrest and tried to cover it up.

Sutterfield is charged with using excessive force, falsifying records and conspiracy to falsify records in the July 9, 2013, arrest of Nicholas Dore of Bull Shoals.

After three days of testimony, the jury began deliberating about 3:30 p.m. Friday. Two hours later, a juror sent word to U.S. District Judge Timothy Brooks that she had to go to her grandmother's funeral visitation at 6 p.m.

With consent from attorneys on both sides, that juror was dismissed and an alternate juror took her place. But that meant deliberations had to start over, Brooks told the jury. Deliberations continued past 10:30 p.m.

There are six men and six women on the jury, as there were before the alternate juror took another's place.

According to a June 25 superseding indictment, Sutterfield "kicked and stomped" Dore, struck him in the head with a shotgun, threw Dore into a fireplace and wall, and repeatedly shocked him with a stun gun, all while Dore was in handcuffs.

On Friday, Sutterfield testified in U.S. District Court in Harrison that he didn't kick, stomp, hit or throw Dore into a fireplace as prosecutors have alleged. But Sutterfield testified that he did use a stun gun on Dore after he was in handcuffs.

Bruce Eddy, the public defender representing Sutterfield, said Dore was still a threat even though he was in handcuffs.

The defense painted Dore as a former Navy SEAL who knows judo and was extremely intoxicated and uncooperative on the day of his arrest. Police officers knew Dore was a gun owner.

They went to his house on July 9, 2013, after being notified that he had hit his girlfriend, Cleta Almond. When Dore saw the officers coming, he closed the garage and front doors and barricaded himself in the house, Eddy said.

Assistant U.S. Attorney Kyra Jenner said Dore is a disabled veteran with an alcohol problem. In closing arguments Friday, she argued that Dore posed no threat when officers kicked his front door open and used excessive force against him.

Cindy Chung of Washington, D.C., a trial attorney with the federal government, told the jury in her closing arguments that Sutterfield acted out of anger, not because Dore posed a threat. Throughout the altercation, Dore yelled and cursed at Sutterfield, and he yelled back, according to court testimony.

Two Bull Shoals police officers, David Chatman and Brian Williams, testified during the trial that they saw Sutterfield use unreasonable force against Dore after he was handcuffed.

Chatman testified that he saw Sutterfield hit Dore with the butt of a shotgun and push him into a wall, both while Dore was handcuffed. Chatman said the impact of Dore's head hitting the wall created a hole, but Almond testified later that there was no hole in the wall, just a scuff where Dore's head hit it.

During his closing argument, Eddy said Williams testified Thursday that he saw Sutterfield stomp and kick Dore while he was on the floor. But what Williams saw, most likely, was Sutterfield going down with one knee on Sutterfield's back to try to keep him still while handcuffing him, he said.

Chung said Friday that Chatman, who weighed 300 pounds, was already sitting on Dore's legs while they were trying to handcuff him.

On Friday, Jenner and Chung said Sutterfield has been on several prescription medicines since 2010, and four of those could affect his decision-making: hydrocodone, a painkiller; Soma, a muscle relaxer; Xanax, for anxiety; and Zoloft, for depression.

In his closing argument, Eddy said Sutterfield had used too little force against Dore.

"There was force used against Mr. Dore that day, but it was not unreasonable force," Eddy said. "It was necessary force. ... He actually should have used more force when Mr. Dore didn't submit his hand to be handcuffed. Mr. Sutterfield was always trying to use the least amount of force he could."

Chatman testified that Sutterfield told him what to write in the police report. As a result, the report omitted any reference to use of excessive force.

Sutterfield is charged with conspiring with Chatman to falsify the police records. Chatman said he was given immunity for his court testimony in the trial, but any other information the FBI has could be used to charge him later.

On Friday, Chuck Joyner, who has worked for the FBI and CIA, testified for the defense about the use of force. He said a handcuffed person could still be dangerous and demonstrated this in court.

Chung asked how much money Joyner was being paid for his services during the trial. Joyner said he would receive $350 per hour during the trial and $250 per hour for consulting. Chung told the jury that Joyner had been there for about 30 hours of the trial, so he was to be paid at least $10,000 for his testimony.

Dore, who testified Wednesday, has also filed a civil suit against Sutterfield and Chatman.

Jury out ...

NW News on 07/19/2014