Mistake found in affidavit in search for Sheriff's Office

Jason Barrett (left), sworn in as special prosecutor, stands before Benton County Circuit Judge Brad Karren on Monday in the Benton County Courthouse Annex in Bentonville. Barrett has been appointed as special prosecutor in the case against Benton County Sheriff Kelley Cradduck.
Jason Barrett (left), sworn in as special prosecutor, stands before Benton County Circuit Judge Brad Karren on Monday in the Benton County Courthouse Annex in Bentonville. Barrett has been appointed as special prosecutor in the case against Benton County Sheriff Kelley Cradduck.

BENTONVILLE -- A Benton County Sheriff's Office employee didn't destroy documents as outlined in an affidavit used to obtain a search warrant, her attorney said Thursday.

The Arkansas State Police is investigating Sheriff Kelley Cradduck and searched the office last week, seizing several drawers of files.

Race For Sheriff

Sheriff Kelley Cradduck will seek re-election. He has three opponents in the Republican primary. Maj. Shawn Holloway with the Benton County Sheriff’s Office, Lt. Paul Pillaro with the Lowell Police Department and Cpl. Tim Filbeck with the Siloam Springs Police Department will attempt to keep Cradduck from a third elected term.

Source: Staff report

Jason Barrett has been appointed as special prosecutor in the case in which court documents accuse Cradduck of back-dating the pay for Gabriel Cox, who was hired to work at the county jail.

Maj. Nathan Atchison with the Sheriff's Office told State Police someone filed a Freedom of Information request for Cox's file. He said when he and Myrna Scott, who's Cradduck's secretary, were reviewing the file, Scott found a letter Cradduck signed attempting to pay Cox for two weeks he didn't work, according to the affidavit for the search warrant.

Atchison said he later reviewed the file and found the letter had been removed, according to court documents. Atchison said he asked Scott about the document, and she admitted to shredding it, according to the affidavit.

"Myrna Scott never told Major Nathan Atchison that she shredded a document from Gabriel Cox's personnel file," said Shane Wilkinson, an attorney who represents Scott. "I do not believe that Major Atchison ever told anyone that Myrna Scott told him that she shredded the document, and I believe Major Atchison to be an honest and trustworthy law enforcement officer."

Scott has worked for law enforcement for more than 20 years, Wilkinson said. Scott never told him about shredding any document; another person gave that information to him, Atchison said Wednesday.

"Myrna never told me that directly," Atchison said.

Atchison said he informed his attorney, Don Kendall, of the mistake in the warrant.

Scott maintains Cradduck never asked her to shred any documents, Wilkinson said.

"She wants her name cleared," Wilkinson said.

Drew Miller, Cradduck's attorney, said he's curious how the information ended up in the affidavit.

Bill Sadler, State Police spokesman, declined comment citing the ongoing investigation.

Cradduck confirmed knowing Cox, but wouldn't comment on how he knows him. County employment records obtained under the state's Freedom of Information Act show when Cox was hired he listed his residence as the same Rogers address as Cradduck.

Jeremy Guyll, former jail captain, and Robin Holt, former jail lieutenant, have filed grievances with the county after being demoted by Cradduck. They claim their demotions were retaliation for cooperating with the State Police investigation.

Their grievance hearings are set for 6 p.m. Tuesday in Circuit Judge Robin Green's courtroom in the Benton County Courthouse.

NW News on 11/13/2015

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