Correction: Faulkner County Sheriff Andy Shock said he saw a video of a May 4 arrest by deputies a day or two after the incident involving allegations of excessive force. He said he began putting some deputies on leave later, after he got more information. This article incorrectly stated that Shock had not seen the video until he ordered the leave.
CONWAY -- The Faulkner County sheriff's office is investigating whether two sheriff's deputies used excessive force in May during the arrest of one of two men after a Mayflower police officer wearing a body camera caught the arrest on video.
Sheriff Andy Shock confirmed to the Arkansas Democrat-Gazette on Tuesday that an internal investigation is underway.
Sheriff's Deputy Gene Watlington, a narcotics officer, and part-time Deputy Billy Kenney have been on paid administrative leave since a week or two after the May 5 arrests, Shock said.
The leave did not begin immediately because Shock said he had not seen the video recording by the Mayflower Police Department officer, former sheriff's deputy Dalton Elliot, until then. Shock said the Mayflower police chief told him of it.
Prosecuting Attorney Cody Hiland said his "understanding is that there's an ongoing investigation, and as soon as we receive the review file, we'll begin the process of determining whether any felony charges are appropriate."
If there is no felony-level offense, the prosecutor's office probably would then refer the case to the Conway city attorney to determine whether misdemeanor charges are warranted, Hiland said.
Shock said, "In my opinion, I think they [the deputies] will" get to return to work.
Harvey Martin III, 46, and his passenger, Christopher J. Cummings, 29, were arrested early May 5. Shock said Cummings fired shots at deputies' cars during a high-speed chase between Mayflower and Conway. The men resisted arrest and suffered scrapes and bruises, Shock said.
They were treated at Conway Regional Medical Center and released; they did not stay overnight.
Shock said the video shows the arrest of Martin, whom the sheriff said police dragged from the car, but not of Cummings, who got out of the vehicle and led police on a short foot chase behind some apartments on Hairston Street in Conway.
Hiland declined to release the video because he said it is part of the investigations into the suspects and of the two deputies.
Mayflower police declined to release the video or Elliot's report on the arrests because of the investigation. Conway police declined to release a copy of a supplemental report prepared by one of that department's officers who was also at the scene, saying it was part of an investigation.
Hiland said he has subpoenaed hospital records to help Shock with that office's review. The prosecuting attorney's investigation will begin after the sheriff's office submits a report to Hiland's office.
Attorneys for Martin and Cummings said they had not viewed the video yet and declined comment Tuesday.
Sheriff's officers had the men's vehicle and another car under surveillance at the Valero service station near Interstate 40 in Mayflower just before the chase began.
Deputies stopped the men's Mustang, which pulled over but then fled, authorities have said. The Mustang reached speeds above 100 mph, sometimes was on the wrong side of the interstate and ended up in Conway after the engine began smoking.
During the chase, officers said, Cummings fired several shots at sheriff's deputies cars, striking two of the vehicles but not an officer. The sheriff's office has said deputies did not return the gunfire.
Shock said it took Watlington about two minutes to get Cummings in custody and handcuffed.
Before the handcuffing, Shock said, deputies "threw punches," which he said were not inappropriate in the situation. During the fight, Watlington can be seen on the video "kind of kicking" Martin's legs "and stuff" but does not kick Martin's head, Shock said.
The sheriff said he put Kenney on leave because a Conway police officer also on the scene "said he ran up and ... kicked him [Cummings] in the head" before deputies managed to get Cummings handcuffed. Shock said Cummings had a hidden gun.
Shock said the internal investigation has been delayed because the office's internal affairs officer shot and wounded a man during an unrelated stolen-property and drug arrest near Greenbrier about a month ago and is on routine leave while the Arkansas State Police does an investigation. Shock did not release that officer's name and said he's confident the officer will be cleared to return to work.
Shock said the suspects' booking photos are online and that they didn't suffer any broken bones. Deputies "didn't use weapons, no batons" on them, he said.
Shock said Elliot stayed with the pursuit into Conway but did not help with the arrests.
"He stands back and basically films the whole thing," Shock said.
Elliot was not reached for comment by telephone late Tuesday. He was not at work then, and a home phone number was not available.
Cummings was a parole absconder, the sheriff's office has said. Both men have been repeatedly convicted of felonies, it added.
Martin is free after posting bail. Cummings remains jailed, Shock said.
State Desk on 07/01/2015