Former Franklin County sheriff's sentencing reset for Feb. 9

Former Franklin County sheriff Anthony Boen (right) walks in August into the federal courthouse for the Western District of Arkansas with his attorneys, Russell Wood (left) and Paul Prater (center), in Fort Smith. 
(File Photo/NWA Democrat-Gazette)
Former Franklin County sheriff Anthony Boen (right) walks in August into the federal courthouse for the Western District of Arkansas with his attorneys, Russell Wood (left) and Paul Prater (center), in Fort Smith. (File Photo/NWA Democrat-Gazette)

FAYETTEVILLE -- The sentencing for former Franklin County Sheriff Anthony Boen was reset after a federal judge denied his request to either vacate his convictions or granted him a new trial.

U.S. District Judge Timothy L. Brooks on Friday scheduled Boen's sentencing for 10:30 a.m. Feb. 9 in Fayetteville, according to court records. The sentencing hearing was originally set for Jan. 12 before Brooks canceled it in October.

Boen, 51, is looking at up to 20 years in federal prison and additional fines after a jury convicted him Aug. 9 of two federal counts of deprivation of rights under color of law. The charges originated from two use-of-force incidents against jail detainees in 2018 resulting in injuries. Boen had been sheriff since 2011.

Boen was indicted on three of these charges Nov. 20, 2019, but the jury acquitted him of one.

Brooks presided over a hearing in Fayetteville Nov. 16 on Boen's motion for judgment of acquittal or new trial. The motion, filed Aug. 23, argued the federal government didn't present sufficient evidence during Boen's trial to establish he committed any of the acts described in his indictment beyond a reasonable doubt.

Cory Thomas, supervisor deputy for the U.S. Marshals Service in Fayetteville, has said Boen is awaiting sentencing at the Okmulgee County jail in Okmulgee, Okla.

The Franklin County Quorum Court appointed Rickey Denton to carry out the remainder of Boen's four-year term as sheriff, according to Franklin County county judge's office. It declared a vacancy in the position Sept. 2. Boen's term expires Dec. 31, 2022.

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