BENTONVILLE — A special prosecutor will not seek any criminal charges against a captain with the Benton County Sheriff’s Office after an investigation into a report that he assaulted his son.
"Captain Lee is relieved this investigation is over and is looking forward to going back to work and serving this community," said Shane Wilkinson, Lee's attorney. "This decision will also allow for his family to move forward in a positive direction."
Jack McQuary, the special prosecutor, issued a letter Tuesday stating that he will not seek criminal charges against Andy Lee.
McQuary was appointed special prosecutor after Nathan Smith, Benton County’s prosecuting attorney, recused from the case and requested that a special prosecutor be appointed.
According to court documents, Lee's teenage son claimed that his father assaulted him on May 2.
Bentonville police received the complaint concerning the incident, but requested that Springdale police handle the investigation. Lee was a longtime Bentonville police officer before leaving for a position with the Sheriff's Office.
According to McQuary's letter, Lee's 15-year-old son claimed that his father had assaulted him.
Lee had been placed on paid administrative leave during the investigation.
McQuary's letter not only revealed that no charges would be brought against Lee, but the letter also strongly defended Lee.
McQuary said there is no evidence of criminal action.
Lee was trying to discuss school and other issues with his son, who began the physical altercation with his father, according to McQuary's letter. Lee had to restrain his son, who later left Lee's home and reported the incident to law enforcement, the letter states.
"Because his father is in the public eye, I feel pressed to reveal that this man has tried and continues to try and get his son help and all he did that evening was to be a good, protective father," McQuary states in the letter.