BENTONVILLE -- A judge dismissed a felony fleeing charge last week after prosecutors were made aware a part-time Benton County Sheriff's Office deputy made false statements in a probable cause affidavit.
Matthew Hannah, 30, of Rogers was arrested Nov. 9. His arrest was in connection with an Oct. 30 incident in which a motorcyclist fled part-time Deputy Michael Andrews, according to the probable cause affidavit.
Hannah bond
Matthew Hannah of Rogers is being held on $20,000 bond in the Benton County Jail in connection with a probation revocation, failure to appear and drug paraphernalia cases.
Source: Staff Report
Andrews was interviewed Nov. 15 as part of an internal investigation about the arrest. The report on the internal investigation says Andrews put false information in the probable cause affidavit and swore to it under oath. Andrews admitted he put false statements in the affidavit, according the report.
Andrews isn't charged with any crime. He said in the internal investigation interview he never intended to put any false information in the affidavit. He was certain he was chasing Hannah because he chased him before on the same motorcycle, according to the Sheriff's Office interview.
Andrews denied any wrongdoing Friday afternoon and said he was confident Hannah was the driver on the motorcycle he pursued.
Sgt. Shannon Jenkins, a spokeswoman for the Sheriff's Office, said Andrews was fired. He was hired in March 2006, Jenkins said.
The Prosecutor's Office learned about the internal investigation Jan. 5. Prosecutors filed a formal charge against Hannah on Dec. 15, according to court documents.
Carrie Dobbs, deputy prosecutor, told Benton County Circuit Judge Robin Green on Feb. 9 the Prosecutor's Office was dismissing the fleeing charge. Green granted the motion.
Andrews was stopped near Arkansas 12 and White River Road when a motorcycle passed him going more than 100 mph, according to the affidavit. Andrews described the motorcycle as being red and white with a low-hanging exhaust system exiting out the right side of the motorcycle, according to the affidavit.
Andrews reported the motorcyclist was wearing a helmet with a black shield, and the driver turned and looked at him as he went by, according to the affidavit.
Andrews arrested Hannah in 2015 for fleeing. Because of the type and color of the motorcycle, along with the exhaust system and the driver's stature, Andrews believed the driver was Hannah, according to the affidavit.
Andrews began to pursue the motorcycle, and speeds reached more than 125 mph. Andrews stopped the pursuit over concern for other motorists, according to the affidavit.
Deputy Jon Hodoway stopped a motorcycle later that same day near Arkansas 12 and Stoner Lane. Andrews went to the scene and identified the rider and motorcycle as the same ones he had pursued two hours earlier, according to court documents.
Andrews was questioned Nov. 15 about the pursuit and Hannah's subsequent arrest.
Andrews reported the driver looked toward him, but video of the pursuit from the deputy's dash camera showed the driver didn't look at Andrews, according to a report of the internal investigation. Andrews also was asked on the radio what the driver was wearing. Andrews said he didn't know except for the helmet and black shield, according to the report.
Capt. Ed Motsinger, head of criminal investigation division for the Sheriff's Office, told Andrews about the conflict in the radio traffic where he didn't provide any description of the motorcyclist's clothing, but the information ended up in a probable cause affidavit.
Andrews agreed with Motsinger he may have put the information concerning the clothing after seeing Hannah at the scene later in the day. Motsinger told Andrews putting the clothing description in the affidavit was a mistake and prosecutors may not file any charge because of the conflict in the radio traffic and the probable cause affidavit.
Andrews said Friday he was told he was being fired for falsifying information in an affidavit. He said he was able to describe the red motorcycle and the driver's helmet, but he got caught up in the moment with the chase and didn't describe the clothing.
Motsinger never gave him a opportunity to fully explain, he said.
"They were looking for a reason to terminate me and at the Sheriff's Office you are guilty until you prove that you are innocent," he said.
Hannah denied he was the person involved in the pursuit, according to the probable cause affidavit.
Kevin Lammers, Hannah's attorney, said he was unaware of the internal investigation, but was relieved the charge was dismissed.
Prosecutors plan to review other cases involving Andrews to make sure there are no issues with those cases, Cearley said. The Sheriff's Office reviewed other cases involving Andrews and didn't find any issues with those cases, Jenkins said.
Hannah was arrested in June and later charged with felony fleeing. He pleaded guilty in September and was placed on six years of state supervised probation. Andrews was the arresting deputy in that case. Prosecutors have filed a motion seeking to revoke Hannah's probation.
He also was arrested in November for possession of drug paraphernalia. The paraphernalia and the revocation cases haven't been resolved.
NW News on 02/18/2017