JOHNNY SOWELL EXPOSED - PART 1 - FAILED STATE TROOPER AND FRAUDLENT MAYOR

Readers will recall a post made back in October 2016 that detailed apparent misuse and commingling of funds by the 20th Judicial District Prosecuting Attorney Cody Hiland (and reported to be the next U.S. Attorney for the Eastern District of Arkansas).

The information we uncovered led to the U.S. Department of Justice investigating Hiland and his Drug Task Force head Johnny Sowell and later on to an investigation by the FBI agents assigned to public corruption cases.

That post resulted in a flood of emails to us to look into Sowell as he was illegally holding the office of Mayor for the City of Shirley and he was doing so other sketchy and possibly illegal things. Here are a few examples.

 

  

We did confirm that Sowell had illegally held the office of Mayor (he never has lived within the city limits of Shirley - more on that later on) and we did  little more digging and found some incredible and unbelievable information about Sowell's brief stint as an Arkansas State Trooper.

Sowell began his career in law enforcement with the Cleburne County Sheriff's Department in 1990 and bounced around several agencies until he wrangled his way into the Arkansas State Police in May of 1995.

Sowell didn't last long with the Arkansas State Police.  He has the distinction of being one of the worst recruits in that agencies history.

Read what his superiors had to say about him.

BY THE THIRD DAY OF TRAINING SOWELL WAS GETTING ATTENTION , IN A NEGATIVE WAY

SOWELL WAS SO OUT OF SHAPE HE COULD NOT EVEN DO A "FEMALE STYLE" PUSH UP

"SOWELL HAS A SORRY ATTITUDE"; "HE [SOWELL] JUST LOOKS AT YOU WHEN HE IS BEING CORRECTED AND GOES ABOUT HIS BUSINESS OF BEING LAZY, WHICH HE IS VERY GOOD AT"; "HE [SOWELL] IS AS UNFIT AS ANYONE I HAVE EVER SEEN"

It's a wonder that any law enforcement agency would have employed him, much less the National Guard.  Sowell spent two years in Kosovo with NATO peace keeping forces (August 2000 through July 2001).  Maybe that is where he learned some of his sketchy, criminal traits.
  

Sowell bounced between various agencies again until 2007 when he went to work for the 20th Judicial District on their Drug Task Force.

In 2010  Sowell ran for and was elected Mayor of Shirley. The problem with that was that he was not legally entitled to run for or hold that office.

Arkansas Code Annotated  § 14-42-201 states that candidates and office holders for Mayor must reside inside the city limits during the campaign and when in office.

Sowell did not live inside the city limits of Shirley when he ran for Mayor or when he illegally held that office.

To be continued in Part 2.

SALINE COUNTY CIRCUIT COURT JUDGE BOBBY MCCALLISTER TAKES "THE 5TH" SEVEN TIMES WHEN QUESTIONED ABOUT DODGING FEDERAL TAXES IN DIVORCE PROCEEDINGS

SALINE COUNTY CIRCUIT COURT JUDGE BOBBY MCCALLISTER - OWES IRS OVER 100K 

Saline County Circuit Court Judge Bobby McCallister was in court on June 6, 2017, this time as a defendant in divorce proceedings, where he was questioned about his tax liability and whether he had paid his taxes. 

Mcallister repeatedly opted to "take the Fifth," a phrase referring to the Fifth Amendment right not to testify against oneself or provide testimony that could reasonably be used against a person in a criminal prosecution. In total, the judge "took the Fifth" seven times during that line of questioning. 

 

Uh-oh.... sounds like ole Bobby might be heading to the pokey.

The Arkansas Judicial Discipline & Disability Commission said this week it is investigating Saline County Circuit Judge Bobby McCallister over issues surrounding his taxes.

McCallister has $104,648 worth of IRS tax liens filed against him for unpaid personal taxes, according to federal tax liens filed by the IRS in 2011. The unpaid taxes are for the tax years 2000-2003 and 2005-20088, according to the documents in Saline County Circuit Court.

The Judicial Discipline & Disability Commission opened the investigation in March.

"To our knowledge the judge has not been charged with any violation at this time and the JDDC Investigation Panel is still obtaining all information on the allegations relevant to the Code of Judicial Conduct," David J. Sachar, the commission's executive director, said in a statement. "No additional public information is available at this time."

DAVID SACHAR - EXECUTIVE DIRECTOR, ARKANSAS JUDICIAL DISCIPLINE & DISABILITY COMMISSION

McCallister told reporters on Tuesday that the unpaid taxes "are really not something I can discuss at this point." He said he also couldn't comment on the JDDC investigation.

Sachar told reporters that he couldn't comment on the investigation. But he said the case would end in a dismissal or a sanction, or it would go to the full commission, which is similar to a trial.

According to Rule 1.1 of the Arkansas Code of Judicial Conduct, judges are required to follow the law.

"When judges have issues with criminal law or other violations, or even violations of the code, [Rule 1] is always cited," Sachar said. "I'm not saying that's what has happened here, they're just allegations at this point. But certainly, that's something that the panel will look at as to whether it applies to the Code of Judicial Conduct. "

There is also Rule 1.2. Judges that do not file tax returns, pay taxes or answer questions put to them under oath can cause the public to question confidence in that particular judge.

McCallister currently has liens pending from the Internal Revenue Service for unpaid personal taxes between 2000 and 2007 totaling more than $100,000. He ran for Circuit Judge and took the bench in 2009. He was then re-elected to a second term. His current salary is $160,000 a year.

McCallister did not return calls or emails for comments regarding either investigation or his testimony.

McCallister's wife, however, did testify during that June 6th hearing that she was unaware taxes had gone unpaid, alleging that the IRS informed her as many as 10 years worth of taxes could be involved.

STARLA PUTMAN MCCALLISTER - ESTRANGED WIFE OF JUDGE BOBBY MCCALLISTER

"What have you learned from conversations and from the deposition of your husband?" an attorney asked Starla McCallister.

"Well, I learned, first of all, that we had not paid taxes starting off at three years. And then I learned from another deposition we hadn't paid taxes for 10 years. Then learned it was further on," she said, according to a hearing transcript. "It kept on getting worse and worse. And then, I learned there were liens on the house for some tax years."

According to Ms. McCallister she was not aware, prior to these legal proceedings that her husband had not been filing taxes. "Because I trusted him. Because when I had tax issues, or if my tax return came in ... I would put them in a manila envelope. And I would say, 'Oh, Bobby, here's our tax stuff.' I would give them to him and then wouldn't think about them again."

Stay tuned for updates.

************

*** UPDATE 6/15/16 - 11:56AM***

After several email conversations with the Saline County Circuit Clerk's Office, they were able to provide case filings pursuant to our FOI request.

Filings indicate that Judge McCallister not only was a tax deadbeat, he was a deadbeat dad  as well.

Last July, Ms. McCallister filed a motion in which she stated that the Judge was not paying any child support and the marital home was in foreclosure as a result of the Judge refusing to support his family.

Another pleading filed in February of this year mentions the unpaid Federal Income Taxes.

Some exhibits included information about State and Federal income taxes owed.

The State Tax Lien was paid, but the Federal Tax liens still exist.

Due to the fact that McCallister was a local judge, a special judge was requested to hear the divorce case.

Retired Pulaski County Circuit Court Judge Ellen Brantley was assigned to hear the McCallister's divorce case.

 

RETIRED JUDGE ELLEN BRANTLEY

 

FORT SMITH SCHOOL BOARD VIOLATED FOI ACT - PERMANENT INJUNCTION ISSUED AGAINST MEMBERS BY JUDGE

Sebastian County Circuit Judge Stephen Tabor ruled Tuesday that the Fort Smith School Board violated the Arkansas Freedom of Information Act last year when board members exchanged emails proposing and discussing the slate of board officers for the coming year.

SEBASTIAN COUNTY CIRCUIT JUDGE STEPHEN TABOR

Tabor said in a four-page order that board members did not intend to violate the act or deceive the public. He issued a permanent injunction against board members conducting school business by email in the future without first providing lawful notice as required by the act.

"The undisputed facts establish a meeting of the Fort Smith School Board took place in which public business was discussed, rationale was put forth and decisions were made," Tabor wrote. "The undisputed facts also establish that no notice was given as required."

School Board President Deanie Mehl said Tuesday that she was not surprised by the judge's ruling. She said from shortly after the emails came to light, she was aware that board members had erred in having the email discussion and said last year that the board would refrain from holding discussions by email.

She said she thought the lawsuit was unnecessary but that it dragged on because the board had received conflicting opinions from law experts about whether their actions violated the Freedom of Information Act.

Maybe the Fort Smith School Board needs to get some better "law experts".

"I hope we have finally closed this chapter and can focus on things we need to do," she said.

The lawsuit was brought against the board by Fort Smith residents June Bradshaw and Greg Murray, through attorney Joey McCutchen. McCutchen said Tuesday that he felt vindication for citizens' rights to have the School Board's business conducted in public.

JOEY McCUTCHEN

McCutchen said in a news release he would forgo seeking attorneys fees and court costs in litigating the lawsuit if the School Board agreed not to appeal Tabor's decision.Mehl said Tuesday that it had not been decided whether the school district would appeal the ruling. However, she said she would not be in favor of appealing the decision.

“Ever since the first Freedom of Information Act lawsuit, we have tried to be so careful of conducting business,” Mehl said by phone Tuesday. “It was an oversight, and I will take full responsibility for it, since I sent out the email.”

That first FOIA lawsuit Mehl referenced was one also filed by McCutchen, for Bradshaw, in regards to a June 2015 school board meeting that ended with a vote to change the Southside High School Rebel mascot and “Dixie” fight song. The change was a reaction in large part to a racially motivated church shooting in Charleston, S.C. The Arkansas Court of Appeals ruled in late March the school board did not violate FOIA with that meeting and upheld an October 2015 ruling by Sebastian County Circuit Judge James Cox that dismissed the lawsuit by Bradshaw.

Mehl said the email lawsuit “wasn’t necessary” because she and at least one other board member had already admitted fault in public through a Times Record article on the issue.

“I never understood why it was filed other than to frankly harass a couple of us on the board,” Mehl said. “That’s what’s frustrating to me. We’ve spent an inordinate amount of energy on something that was fait accompli.”

For an individual with a doctorate, Mehl is amazingly ignorant of the AFOIA and open meeting requirements.


In late December, a settlement offer was sent to the school district’s lawyer by McCutchen, but school board members said they were not aware of the offer because they were out of town for the holidays. The settlement offer from McCutchen required the school board to sign a consent judgment declaring that emails violated the Freedom of Information Act.

Talicia Richardson, the newest school board member elected last year, made a motion to reject the settlement offer and the issue was tabled by the board. At that meeting, however, all board members claimed that the email exchange was not intentionally deceiving and there was a need for more FOIA training.

Richardson is also employed by the City of Fort Smith as New Development Officer for the Fort Smith Housing Authority.  Let's hope that FOI requests made to her at the city are not subjected to the same lack of knowledge about the Arkansas FOI Act.

The board is offered a one-hour course on Freedom of Information Act law, and the board received that additional FOIA training on March 6. Mehl said she felt that because the email exchange had been included in the board packet, it met FOIA standards.

“The record does not reflect, and the Court does not believe, that this violation was intentional or represents an attempt by the Fort Smith Public School Board to deceive the public,” Tabor wrote.
 
McCutchen said the facts were clear that board members violated the Freedom of Information Act. After McCutchen showed the emails to Prosecuting Attorney Dan Shue. 

Shue wrote a letter to board members in November saying their exchange of emails violated the act.

 

DAN SHUE - SEBASTIAN COUNTY PROSECUTING ATTORNEY

Tabor's order was a ruling on a motion for summary judgment that McCutchen submitted, arguing there were no facts in dispute in the lawsuit he filed last year and that Tabor should rule in Bradshaw's and Murray's favor as a matter of law. A hearing on the lawsuit had been scheduled for June 21.

The lawsuit centered on eight emails School Board members exchanged from October 8, 2016 to October 13, 2016 (posted above). It started with an email from board member Jeannie Cole, who wrote she would not accept the board's vice presidency for another year.

Other board members commented on Cole's announcement, expressed opinions and proposed alternate officer slates. The board voted on the proposed slate of officers at its next regular meeting.

Tabor wrote that the School Board characterized the email string as simply an announcement by Cole not to be a candidate for vice president. The board would have had a better argument against the lawsuit if that were the case, Tabor wrote, pointing to Mehl's email three days after Cole's that solicited proposals for a new slate of officers.

"Clearly, this goes beyond mere comment on Ms. Cole's announcement," Tabor wrote.

Tabor recounted in his ruling board member Wade Gilkey's proposal of a new slate of officers and his reasoning for the proposal, board member Susan McFerran writing that she wanted to serve as an officer, and Yvonne Keaton-Martin's wish to remain an officer.

Tabor also referred to Mehl's email of October 13th in which she recapped the new slate and concluded by saying "the chair" would welcome further comments. A reasonable interpretation was that a meeting was taking place, Tabor ruled.

Tabor also disagreed with the School Board's contention that even if the emails constituted a meeting, no notice was required. Characterizing the the email exchanges as a special meeting, the act required that notification be given to news organizations, Tabor wrote.


CLICK TO VIEW THE FULL COMPLAINT WITH EXHIBITS 



For more information about this lawsuit check out stories published on Inside Fort Smith.

JACKSONVILLE POLICE CHIEF FACING TWO LAWSUITS THAT DEAL WITH HIS LACK OF HONESTY AND CREDIBILITY

"HONEST" JEFF HERWEG BEING SWORN IN AS JACKSONVILLE POLICE CHIEF IN APRIL

Newly hired Jacksonville Police Chief "Honest" Jeff Herweg already has two lawsuits pending that call his honesty and credibility into question.

Readers will recall the hiring of Herweg being questioned by anyone with knowledge of Brady vs. Maryland and its bearing on dishonest police officers.

In a post published back in April, we told you about the little problem Herweg had in Texas when he was an officer with the Taylor, Texas Police Department.

Herweg had been drinking and subsequently had an accident (his car ran into a house).  He left the scene and then called and reported that his vehicle had been stolen. 

Investigators did not believe his yarn and they successfully prosecuted a case against Herweg that resulted in a short stint in jail, a $2,000 fine and he permanently surrendered his state law enforcement certification in Texas as part of his guilty plea.

CLICK TO VIEW OUR APRIL POST ABOUT HERWEG

The Jacksonville Fraternal Order of Police, a retired former Jackson Police Chief and a couple of city council members were vocal opponents of Herweg's hiring given his documented issues with honesty and integrity.

One of those city councilmen, Tara Smith filed a suit against Herweg, Jacksonville Mayor Gary Fletcher, and Susan Davitt, the City Clerk, and is seeking his removal and repayment of funds paid to him. 

 

CLICK HERE TO VIEW THE ARKANSAS CASE FILINGS

FLETCHER & DAVITT - NAMED IN LAWSUIT

  
If the suit is successful, Herweg will be out of a job and will have to repay all funds paid to him by the City of Jacksonville.  Plus attorney fees to Smith's attorney, Nate Steele. 

NATE STEELE - SMITH'S ATTORNEY

The other  lawsuit, filed by former Lovington, New Mexico police officer Travis Anthony Hobbs, states that Hobbs was forced to resign from the Lovington Police Department in August 2015 over an unproven complaint of misconduct that Herweg investigated. 

Herweg provided conflicting reports on the investigation to Lovington Police Chief David Rodriguez and a state law enforcement group that reviewed the complaint, according to the New Mexico lawsuit.

In Hobbs' lawsuit, filed last month in Lovington District Court, Herweg is accused of providing information "without factual foundation nor support" to the Lovington police chief that led to Hobbs being ousted from the department.

Herweg told Rodriguez, the police chief, that he'd investigated a complaint against Hobbs and found that Hobbs had hosted a party and knowingly provided alcohol to two women under the legal drinking age, according to the suit.

Rodriguez reportedly told Hobbs to resign from the department or be fired. Hobbs resigned.

The New Mexico Law Enforcement Academy later held a hearing to determine whether to revoke Hobbs' law enforcement credentials.

Herweg, when questioned about his investigation, told the agency that he did not have evidence that Hobbs provided alcohol to the women at the party or that Hobbs knew they were underage, the lawsuit states.
The Law Enforcement Academy decided in a unanimous vote to allow Hobbs to keep his credentials and that no "formal discipline" against Hobbs was warranted, according to an agency filing.

The lawsuit states that Herweg was "negligent and reckless" in his handling of the complaint. Hobbs is seeking compensation for lost wages, attorney and court fees, and for "mental stress and anguish and damage to his reputation."

"It comes down to the credibility of Herweg," said Barry Crutchfield, Hobbs' attorney. "Why he would make a claim that Hobbs served these kids alcohol ... then when he's questioned about it he says, 'I didn't have any evidence?'"

 

BARRY CRUTCHFIELD - ATTORNEY FOR TRAVIS HOBBS

Mayor Gary Fletcher  will regret and pay for his decision to hire Herweg. 

Remember that he said Herweg had a long list of credentials and will be the most educated person to lead the Police Department.

"I am staking my credibility on this man's credibility," Fletcher said back in April.

Fool.

Stay tuned for updates.