Arkansas Corruption Channel

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Fort Smith Attorney Joey McCutchen has called for a full and independent investigation into an incident at the Sebastian County Detention Center. According to information provided during a meeting today with Sebastian County Sheriff Mike Conger, Chief Deputy John Miller, and others, the incident occurred approximately one year ago and involved detainee John Anthony Cole.

McCutchen met with Interim Sheriff Mike Conger and Chief Deputy John Miller today to seek clarification about what occurred, whether any investigation had been opened, whether any officers involved had been suspended pending review or otherwise disciplined and whether state or federal prosecutors had been notified. McCutchen further made a verbal FOIA request which will be supplemented. More details to be provided at the press conference.

McCutchen has also reached out to Sebastian County Prosecutor Daniel Shue. Further details to be provided in the press conference.

The available video appears to show Cole handcuffed during the incident while detention officers repeatedly strike him. However, the video circulating is blurred and edited, and it does not show the full context of what happened before, during, or after this incident. McCutchen is requesting the complete, unedited video and all related records so the public can understand what happened, why Cole was repeatedly struck, and whether the County’s response was justified.

McCutchen said. “The video I have seen is grainy and incomplete, which is exactly why the public needs the complete, unedited footage and all related records. There may be facts before or after the video that matter. But when a video appears to show a restrained inmate being repeatedly struck by detention officers, the public deserves to know whether it was investigated and whether appropriate action was taken in response. If no meaningful investigation occurred, that is extremely troubling. Transparency matters.”

McCutchen emphasized that the issue is not whether Cole is sympathetic or whether he has been convicted of multiple very serious crimes. The issue is whether the use of force by detention officers was justified under the circumstances and whether Sebastian County properly investigated the incident.

McCutchen does not represent Cole and is not speaking on behalf of Cole or any criminal defense.

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