Jailer in drug case loses job

Smuggling arrest leads to his firing

A Pulaski County jail officer who was arrested at work over the weekend and accused of smuggling contraband into the lockup was fired Tuesday.

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Court records show the jailer had been on the job after the sheriff's office arrested him on a felony drug possession charge in February.

Sheriff's office spokesman Capt. Carl Minden said Demon Tate, 37, was fired Tuesday after an internal hearing. Tate, who was hired in April 2011, was arrested at work Saturday after, according to an arrest report, he took 22 pills -- some Schedule II drugs, others Schedule IV -- and plastic baggies and a large metal fork to the facility. Metal utensils are banned at the jail for safety reasons.

Tate also took to the jail a yellow liquid "believed to be an unauthorized cleaning chemical" and a bottle of Blunt Effects concentrated air freshener, according to the sheriff's office. The latter is commonly sold at smoke shops and advertised by the manufacturer for use "when you need to clear the air ... fast."

He was charged with possession of a controlled substance with purpose to deliver, possession of drug paraphernalia and three counts of furnishing prohibited articles.

The Pulaski County District Court released documents Tuesday that show deputies had previously arrested Tate at the jail after searching his vehicle, which was parked at the jail, and finding seven pills in a hydrocodone bottle. Investigators said in an arrest report that four of the pills were methylphenidate, a Schedule II controlled substance used to treat attention deficit hyperactivity disorder and narcolepsy.

The other three pills were not identified in the report.

The report states that Tate was arrested Feb. 11 as "investigators were conducting an investigation into the introduction of narcotics in the jail." He was charged with felony possession of a controlled substance and placed on paid administrative leave until Feb. 19.

Tate has pleaded innocent in both cases.

Minden said Tate was allowed to return to work after his first arrest pending the outcome of his court case. He noted that even if jailers are charged with a crime, they only become ineligible for employment if convicted.

"Based on [Tate's] statements, there were circumstances they were looking into, and the administration's decision was to wait and see what happened with the legal process," Minden said.

Minden said he could not elaborate on Tate's statements.

In his second arrest, Tate faces five felonies and a misdemeanor. He's accused of taking prohibited items to the lockup on three occasions: March 28, March 26 and March 18.

Section 18 of the department's Uniform Standards of Conduct states: "Members shall obey the constitutional, criminal and civil laws of the city, county, state, and federal government."

Section 20 states: "Members shall not unlawfully possess, sell, consume, use or assist in the use of any illegal or unauthorized drug or medications on duty or off duty."

Under Arkansas law, taking a banned item to a correctional facility, state hospital or youth services program is a criminal offense.

Minden said certain drugs are allowed in the facility.

"I know that if you're on medicine, you're allowed to take it. I don't know the exact protocol," he said.

Minden said the sheriff's office did not issue a news release after Tate's first arrest because "it was still technically under investigation." The sheriff's office hadn't planned to release information Monday on Tate's second arrest but did so after media inquiries, he said.

"We don't have a set policy on releasing employee discipline. It's not necessarily just a case-by-case basis, either. It's going to be what the incident is, and I guess in this case they were waiting to see what the court outcome was going to be," he said.

An investigation into how drugs are being taken into the jail is ongoing. Minden said he could not provide further details.

There were nine inmates on the jail roster facing charges of furnishing a prohibited item, but it was unclear if those charges were related to the investigation.

No other jailers have been charged.

Metro on 04/01/2015

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