BENTONVILLE -- A Benton County sheriff's office employee did not 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.
Maj. Nathan Atchison with the sheriff's office told state police that someone filed a Freedom of Information Act request for the file of Gabriel Cox, who was hired to work at the county jail. Atchison said that when he and Cradduck's secretary, Myrna Scott, were reviewing the file, Scott found a signed letter from Cradduck attempting to pay Cox for two weeks he did not work, according to the affidavit for the search warrant.
Atchison said he later reviewed the file and found that the letter had been removed. According to the affidavit for the search warrant, Atchison said he asked Scott about the document, and she admitted to shredding it -- although both Scott and Atchison say that discussion never took place.
"Myrna Scott never told Maj. 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 Maj. Atchison ever told anyone that Myrna Scott told him that she shredded the document, and I believe Maj. Atchison to be an honest and trustworthy law enforcement officer."
Atchison said Wednesday that Scott never told him about shredding a document, but another person did relay that information to him.
"Myrna never told me that directly," Atchison said.
Atchison said he informed his attorney, Don Kendall, of the mistake in the warrant.
Scott maintains that Cradduck never asked her to shred any documents, Wilkinson said.
"She wants her name cleared," said Wilkinson, adding that Scott has worked for law enforcement officials for more than 20 years.
Drew Miller, Cradduck's attorney, said he is curious how that information ended up in the affidavit.
Jason Barrett of Little Rock has been appointed as special prosecutor in the case.
State police spokesman Bill Sadler declined comment, citing the ongoing investigation.
Cradduck has 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 that 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 Benton County. They claim they were demoted in retaliation for cooperating with the state police investigation.
Their grievance hearings are set for 6 p.m. Tuesday in the courtroom of Circuit Judge Robin Green of Bentonville in the Benton County Courthouse.
Metro on 11/14/2015