Ex-chief admits guilt in gun case

Probation OK, prosecutor says

Former Bald Knob Police Chief Erek Lynn Balentine pleaded guilty Monday to a federal felony, admitting he tried to make $800 personally by selling a shotgun that was donated to the department to raise funds to build a police dog kennel.

Balentine, 31, also conceded that prosecutors could show he was a participant in the burning of his personal truck, for which he collected more than $12,000 in insurance proceeds, shortly before he resigned from the department on Oct. 5.

While not charged with arson or mail fraud, both of which were potential charges related to the truck fire, Balentine's plea agreement required him to acknowledge the evidence that could be brought against him and agree to repay the full amount to the insurance company, Assistant U.S. Attorney Chris Givens said.

In return for Balentine's guilty plea to a single charge of possessing a stolen firearm and his other admissions about the fire, Givens told the judge that prosecutors wouldn't oppose a probationary sentence when Balentine is sentenced in about three months.

The former police chief, who cited financial troubles as his motivation for the attempted gun sale and the fire, waived the option of having the accusations against him aired before a federal grand jury, choosing instead to plead guilty directly to a newly filed criminal charge. It says he possessed a stolen Beretta Model A300 12-gauge shotgun on Oct. 14, having reasonable cause to know it was stolen.

The charge is punishable under federal statutes by a maximum of 10 years in prison and a fine of up to $250,000.

If the case had gone to trial, Givens said, the government was prepared to prove that the shotgun was donated to the department in the spring of 2015 by a former Bald Knob officer who had moved out of state and wanted the gun to be raffled off to build a cage for the city's police dog.

Givens said that after making arrangements for the fundraising raffle, the former officer purchased the gun from a Cabela store for $1,100 and had it shipped to All Star Pawn, a federal firearms licensee in Bald Knob, in order to make a legal transfer to the winner of the auction. At no time did the former officer authorize Balentine or anyone else to keep the shotgun for personal use before the auction, Givens said.

On Oct. 2, his last full business day as chief, Balentine retrieved the shotgun from the pawnshop, Givens said. He said that on Oct. 14, Balentine sent a text message to an acquaintance trying to sell the gun for $800, including a picture of it still in its case and advertising it as "brand new."

Arkansas State Police learned about the attempt to sell the gun, which was police property, and took over the texting, offering to buy the gun for $750, Givens said.

He said state police and an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives then kept Balentine under surveillance as he went home, got the gun and headed toward a meeting place with the buyer. The officers initiated a traffic stop and arrested Balentine, who admitted he had the gun in his car.

It was returned to the department but still hasn't been auctioned.

Balentine, standing beside defense attorney Paul Younger of Searcy, acknowledged Givens' rendition of the facts from a courtroom lectern, and agreed to pay $12,968.71 in restitution to Progressive Insurance for payments stemming from the fire that destroyed his 2007 Dodge Ram pickup.

The fire occurred at Balentine's home on Sept. 24 and was immediately determined to be arson, Givens said. In addition to being burned, the truck was also spray-painted with the words "2 Amendment." Balentine made state news in May by arresting a man in a McDonald's restaurant for openly carrying a firearm. A week after the fire, he resigned from the department, saying he feared the arsonist could harm his family.

Chief U.S. District Judge Brian Miller accepted Balentine's guilty plea and said he would set a sentencing date after U.S. probation officers prepare a presentence report.

Metro on 03/15/2016

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