|
|
| |
| Fri, Sep. 5, 2008 |  |
 |
|
||
| |
High court reinstates charges against former West Helena officials Friday, Mar 14, 2008 Arkansas News Bureau LITTLE ROCK - The state Supreme Court reinstated felony theft charges Thursday against the former West Helena mayor, city clerk and five city council members. In seven separate unanimous decisions, the high court overturned a circuit judge's decision dismissing the charges stemming from allegations the defendants gave themselves raises in 2005 for service after the eastern Arkansas city merged with neighboring Helena on Jan. 1, 2006. The court ordered new hearings in the case. It said Phillips County Circuit Judge L.T. Simes, II erred in dismissing the charges on grounds Prosecutor Fletcher Long failed to document probable cause in affidavits for arrest warrants. "While an invalid arrest may call for the suppression of a confession or other evidence, it does not entitle a defendant to be discharged from responsibility to the offense," Chief Justice Jim Hannah wrote in the decision reversing Simes dismissal of charges against former alderman Clarence Richardson. Arrest warrants were filed March 1, 2006, charging Richardson and former aldermen Nathan Ashwood, Calvin Holden, Edward Joshaway and Eddie Lee with two counts each of theft of over $2,500. Former Mayor Johnny Weaver and former City Clerk Renee Whitfield each were charged with one count each of theft of property over $2,500. They were accused of approving in late 2005 salaries and pay raises for 2006 despite knowing West Helena would merge with Helena and the government entity they served would be disbanded. They later cashed the checks. The seven elected officials argued the arrest warrants were defective and Simes dismissed the charges. |
