OZARK -- The ongoing effort to remove from office a western Arkansas sheriff convicted of federal crimes moved forward last week.
Franklin County's Circuit Court held a hearing Friday regarding the removal of Sheriff Anthony Boen, 51.
Jeff Phillips, prosecutor for Franklin, Johnson and Pope counties, said afterward he'll prepare an order of permanent removal for Circuit Judge James Dunham to consider.
"I'll make reference to the fact that there will be a vacancy declared with the Quorum Court, who then, in turn, will fill that vacancy pursuant to the judge's order," Phillips said.
Phillips said he anticipated working on the order over the weekend. He expressed hope the order will go to Dunham early this week.
Once it is signed by the judge, Phillips will file the order and send copies to those who need it, including the Quorum Court.
Phillips filed a petition in Circuit Court on Aug. 12 to order Boen's removal from office, according to court records. Boen was served his court summons that same day.
Boen was convicted Aug. 9 by a jury in the U.S. District Court in Fort Smith of two counts of deprivation of rights under color of law.
The charges stemmed from two use-of-force incidents against detainees in 2018 resulting in injuries. He was acquitted of a third count.
The sheriff was indicted on the charges in November 2019. As a condition of his release from custody pending trial, he was barred him from entering the sheriff's office and stripped of almost all of his duties, even though he continued to draw his salary.
The petition to remove Boen from office argued Franklin County had paid him for more than 19 months despite him having few duties and that he shouldn't continue drawing a salary after his felony convictions.
Rickey Denton was named undersheriff by the Quorum Court on July 23, 2020, which placed him in charge of the sheriff's office and jail personnel, according to the minutes of that meeting. The clerk's office reported Denton has a yearly salary of $40,588 while Boen's is $45,183.
Boen appeared in court via Zoom on Friday due to being in custody before his sentencing. He didn't have legal counsel.
While Boen didn't have any objection to the order of removal being entered, he said his convictions could change due to legal proceedings filed in the U.S. District Court.
Court records state Boen's attorney, Russell Wood of the Wood Law Firm in Russellville, filed a motion Monday for judgment of acquittal or a new trial.
The motion asked the court to acquit Boen all charges or order a new trial on the two charges for which he was convicted. It argued the federal government failed to present sufficient evidence during Boen's trial to establish beyond a reasonable doubt Boen committed either of the offenses as alleged in his indictment.
A response from prosecutors to the motion had not been filed as of 4:45 p.m. Friday.
Boen has served as sheriff since 2011. The clerk's office states Boen's current term runs until Dec. 31, 2022.