BENTONVILLE -- A special prosecutor will decide whether to charge the two leaders of the Centerton Police Department, according to Benton County Prosecuting Attorney Nathan Smith.
Smith said Thursday that an Arkansas State Police investigation of the lawmen relates to financial transactions and the use of police property.
He said he requested a special prosecutor so his office and Centerton police can continue to work together.
"Obviously that would be made very difficult if we are investigating or prosecuting a chief of police," he said. "That's a different thing than prosecuting a police officer."
Smith asked in May for the state police to investigate whether any officer or officers misappropriated city property or used city credit cards for personal property, and whether the department violated the Arkansas speed-trap law.
Smith recently received the state police report and an audit from Arkansas Legislative Audit. He said the investigation concluded that Centerton police didn't violate the speed-trap law.
The state Prosecutor Coordinator's Office will assign the special prosecutor, Smith said.
Centerton Police Chief Cody Harper and Capt. Kristopher Arthur were fired in May but then rehired and placed on administrative leave.
Centerton Mayor Bill Edwards said Harper and Arthur will remain on leave with pay until the special prosecutor makes a decision in the case.
Smith said he had hoped the investigation would have been wrapped up sooner, but it doesn't change his decision to ask for a special prosecutor.
"I'm not in charge of how long it takes to complete an investigation," he said.
Smith said he did not want to disclose details out of fairness to Harper and Arthur. The special prosecutor may decide not to pursue any criminal charges, he said.
The city hired David Williams, a retired state auditor, to look at the finances of the Police Department and its policies and procedures, according to documents from the city. The documents didn't specify reasons for the review.
Lt. Anthony Keck was put in charge of the department after Harper and Arthur were placed on leave.
Metro on 02/08/2019