BENTONVILLE -- Prosecutors will not file charges against a former Benton County Sheriff's Office deputy who was fired and later arrested in connection with sexual assault of a female inmate.
Adrian Rivero, 34, was arrested May 18 in connection with fourth-degree sexual assault, a crime punishable by up to six years in prison.
Stuart Cearley, chief deputy prosecutor, announced during an arraignment Thursday no charges would be filed. The case is closed.
"After a thorough review of the evidence and the relevant statutes, we determined that the conduct as alleged did not meet the statutory requirements to constitute a crime," said Nathan Smith, Benton County prosecutor.
Billy Bob Webb, Rivero's attorney, said he was pleased prosecutors spent time reviewing the evidence and reached the no-charging decision.
"I know (Rivero) and his wife are happy to move on with their lives," Webb said.
Rivero had worked for the Sheriff's Office for 15 months, according to court documents.
The investigation began when another deputy reported a former inmate said Rivero was having an inappropriate physical relationship with a female inmate, according to a probable cause affidavit.
The former inmate reported she knew dates and times the physical contact between Rivero and the inmate occurred, according to the affidavit. The former inmate also shared text messages between her and Rivero where the two communicated about the female inmate, according to court documents.
The former inmate reported Rivero and the female inmate began to have an inappropriate relationship in the jail, according to the probable cause affidavit.
The female inmate also reported she and Rivero kissed in the ministry room, the affidavit states. There are no cameras in that room.
Rivero admitted sharing one kiss with the female inmate and to her brushing up against him inappropriately, the affidavit states.
"The Sheriff's Office collects the facts and presents the case to the PA's (prosecuting attorney's) Office," said Keshia Guyll, spokeswoman for the Sheriff's Office. "It's their decision as to whether they want to prosecute the case."
NW News on 01/13/2017