FORT SMITH — In a letter to a Benton County Circuit judge, Crawford County Prosecutor Marc McCune absolved Rogers City Attorney Ben Lipscomb of any criminal wrongdoing following allegations he impersonated a police officer.

FORT SMITH — In a letter to a Benton County Circuit judge, Crawford County Prosecutor Marc McCune absolved Rogers City Attorney Ben Lipscomb of any criminal wrongdoing following allegations he impersonated a police officer.


In August, McCune was selected as special prosecuting attorney in an investigation regarding allegations that Lipscomb had impersonated an undercover Rogers police officer while attending the Miranda Lambert concert at the Walmart Arkansas Music Pavilion in Rogers on July 12.


The Bentonville Police Department investigated the matter after a complaint was filed with the city of Rogers and forwarded to Benton County Prosecutor Jim Clark, who recused himself from the case.


The complainant alleged that Lipscomb had flashed his badge and used his city of Rogers ID to gain access to the VIP area of the concert.


McCune stated in his letter that the badge clearly marks Lipscomb as prosecuting attorney and the city ID is clearly marked as city attorney. McCune stated that it is "very possible" that the complainant misunderstood Lipscomb as a police officer, or that there was a miscommunication, citing the complainant’s word against that of Lipscomb.


Even if Lipscomb had claimed to be an undercover officer, he would have had to act purposely to injure, defraud, harass or intimidate the complainant, McCune stated.


"In reviewing the reports, I do not believe that Mr. Lipscomb had this intent or purpose, but was merely trying to gain access to the VIP tent to get a drink for his wife," McCune stated.


McCune stated that he would not file charges in the case based upon his review of the reports, statements, and a copy of Lipscomb’s badge and city ID.