BENTONVILLE -- Prosecutors will not file charges against a former Benton County sheriff's deputy who was fired and later arrested, accused of sexually assaulting a female inmate.
Adrian Rivero, 34, was arrested May 18, facing a charge of fourth-degree sexual assault, a crime punishable by up to six years in prison. Stuart Cearley, chief deputy prosecutor, announced during an arraignment last week that no charges would be filed. The case is now 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 prosecuting attorney.
Billy Bob Webb, Rivero's attorney, said he was pleased that prosecutors spent time reviewing the evidence and reached the no-charges 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 that a former inmate had said Rivero was having an inappropriate physical relationship with a female inmate, according to a probable cause affidavit.
The former inmate reported that she knew dates and times of the physical contact between Rivero and the inmate, according to the affidavit. The former inmate also shared text messages between herself and Rivero where the two communicated about the female inmate, according to court documents.
The former inmate reported that 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 that she and Rivero kissed in the ministry room, the affidavit states. There are no cameras in that room.
Rivero admitted to sharing a kiss with the female inmate and to her brushing up against him, the affidavit states.
Metro on 01/19/2017