ATTEMPTED CAPITAL MURDER: Officer Reportedly Beaten

FAYETTEVILLE — An early morning call to police Wednesday about an intoxicated man at a restaurant led to attempted capital murder charges against a man accused of beating an officer with her own baton.

Fayetteville Officer Tiffney Lindley was treated for a large open wound to her head, requiring 17 staples, as well as a cut to her chin that required stitches, police said.

Hiram Gregary Graham, 35, of 1460 N. Florence St. in Fayetteville and his brother, JoeMo Kenyarty Graham, 33, of 8222 Kingsbrook Road in Houston, Texas, were arrested in the incident.

Hiram Graham faces felony charges involving attempted capital murder, aggravated assault and second-degree battery, while JoeMo Graham faces felony charges of second-degree battery and hindering apprehension.

Lindley, along with Sgt. Chris Moad, responded about 3 a.m. to the International House of Pancakes on Wedington Drive for a report of an intoxicated and disorderly man. A restaurant employee told officers a customer had thrown up inside the business and refused to clean it up.

According to a preliminary arrest report, the officers asked Hiram Graham for his identification. Graham refused began arguing.

Police said Graham was belligerent and uncooperative and trying to push past them. After Graham was told he was under arrested, the officers tried to handcuff him, but Graham withdrew his arm and continued resisting,. Officers used a stun gun to subdue him.

According to the report, Graham’s brother, JoeMo Graham, grabbed one of the officers and began to fight. Both officers and both Grahams went to the floor. Hiram Graham grabbed Lindley’s baton and began striking her on the head, spine, torso and extremities, resulting in an 8-inch gash to her head.

“Moad was handling the other guy when his brother jumped in and grabbed him,” said Sgt. Rick Crisman of the Police Department. “He was trying to subdue the brother while (Lindley) was handling Graham.”

According to the report, Graham continued striking Lindley until a woman in the restaurant grabbed his arm to stop him. Lindley drew her gun and threatened Graham. Both Grahams were arrested and taken to the Washington County Detention Center.

The two officers were taken to Washington Regional Medical Center. Moad was treated for cuts, scrapes and bruises.

John Bradley, the restaurant’s manager, declined to comment Wednesday.

Both officers were released from the hospital Wednesday morning.

“We go to calls like this all the time where there’s a fight or an intoxicated person,” Crisman said. “It just goes to show you that any type of call can turn ugly so quickly. Fortunately, everyone involved in this situation is going to be OK.”

John Threet, Washington County prosecutor, said attempted capital murder is a Class Y felony, punishable by 10 to 40 years in prison or a life sentence.

He said he agrees with the charges officers arrested the suspects on, based on the circumstances.

“With attempted capital murder, you have to show that there was intent, meaning he took a substantial step toward accomplishing that goal,” he said. “It has to be premeditated and deliberative. In Arkansas, the law doesn’t define a time line. One second could be considered premeditation.”

In addition to the listed charges, Hiram Graham faces misdemeanor charges of resisting arrest, disorderly conduct and public intoxication. He was being held in the Washington County Detention Center on $251,470 bond Wednesday. JoeMo Graham was being held on $100,000 bond.

Police Chief Greg Tabor said Lindley won’t return to work until she’s recovered.

He said he couldn’t recall any incidents in which a suspect has used an officer’s baton to cause serious harm.

“I remember one time we had a suspect get a hold of a flashlight or an officer’s pepper spray,” he said. “There have probably been other incidents, but none that come to memory. This was a serious deal. A lot of it is still under investigation.”