Judge: Mayor should board police chief

FORT SMITH - A federal magistrate ordered the release of the Bull Shoals police chief from custody Wednesday on the condition that he live with the town’s mayor and undergo drug screening, among other things.

Daniel Sutterfield was arrested Monday on a U.S. magistrate judge’s complaint that he used excessive force in the July 9 arrest in which he was accused of beating a handcuffed Bull Shoals man and falsifying a report about it.

Sutterfield was among four officers responding to a domestic dispute involving Nicholas Dore, authorities have said.

During a three-hour hearing in Fort Smith, U.S. Magistrate Judge James R. Marschewski ruled that the government presented probable cause that Sutterfield committed the offenses. Assistant U.S. Attorney Kyra Jenner told Marschewski that the case would be presented to a federal grand jury May 6.

Marschewski ordered Sutterfield’s release on a $5,000 unsecured bond. He noted Sutterfield had no criminal record, had a good work record and had no blemishes on his character.

Bull Shoals City Council member Allen Webb testified at the hearing Wednesday that Sutterfield was popular in Bull Shoals because he “cleaned up the town” when he became chief in 2012.

Residents “can’t believe where we are today,” Webb said. “This is an aberration.”

While ordering Sutterfield’s release, Marschewski attached a long list of conditions, one of which that he live with Bull Shoals Mayor Bruce Powell, who testified Wednesday on Sutterfield’s behalf. Powell also said he would be responsible for ensuring that Sutterfield stayed out of trouble until his trial and to report any problems to the U.S. probation office.

Powell said Sutterfield would retain the police chief job he’s held since 2012.

Marschewski said he decided to release Sutterfield so he could work to support his wife, Andrea, and their two children. But he ordered that Sutterfield remain in his office and not respond to domestic dispute calls, not carry a firearm, and not have anything but work contact with police officer David Chatman and city firefighter and former police officer Brian Williams, because of fears they expressed to the FBI that Sutterfield could retaliate against them for assistance they gave the FBI in investigating Sutterfield.

FBI Special Agent Tim Akins testified Wednesday that Williams told him Sutterfield said that if anyone filed a complaint against him, he would arrest Nicholas Dore - against whom Sutterfield is accused of using excessive force - and anyone else who assisted with the complaint.

Sutterfield also must not have contact with Dore or his girlfriend, Marschewski said.

He also ordered that Sutterfield undergo outpatient drug screening and evaluation. Testimony during the hearing was that he was taking Zoloft for depression, Xanax for anxiety, and Soma and Narco 10-3-25 for pain.

Longtime Fort Smith police narcotics officer Paul Smith testified that the combination of drugs is known to intensify the effects, has been abused in Arkansas and has been the subject of government warnings to doctors against prescribing that combination.

Powell testified that Sutterfield had returned to work about three weeks ago after back surgery and had been confined to his office. Sutterfield suffered the back injury during Dore’s arrest July 9 when he fell against a fireplace wall in Dore’s home, Powell said.

Akins testified during Wednesday’s hearing that the FBI learned Sutterfield was one of four Bull Shoals officers who responded to a domestic dispute call at Dore’s home, alleging he had grabbed his girlfriend by the throat and slapped her. The girlfriend has not been identified.

Akins said Sutterfield, armed with a shotgun, kicked in the door of Dore’s home, according to interviews with Chatman and Williams.

When Sutterfield and the other officers entered the house, Dore was lying facedown on a couch. Officers dragged him to the floor and cuffed one of his hands, but Dore would notallow them to cuff the other, Akins said.

Akins said Sutterfield ordered Dore to allow the officers to cuff the other hand or he would shock him. Sutterfield shocked Dore twice by pressing a stun gun to his back before Dore allowed his other hand to be cuffed.

There was conflicting testimony about the events of the arrest, Sutterfield’s court-appointed Public Defender Bruce Eddy pointed out during his questioning of Akins. For example, one officer said that Sutterfield struck Dore in the head with his shotgun before Dore was handcuffed, a detail another officer omitted from his statement.

Akins said officers told him that Sutterfield kicked and stomped Dore while he was handcuffed and lying on the floor. When Dore would not stand, Akins said, Sutterfield struck Dore with the butt of the shotgun.

After standing, Akins said, Dore continued to scream at Sutterfield, prompting Sutterfield to grab Dore and throw him into the fireplace. He struck Dore twice more with the shotgun butt before he and officers removed Dore from the home, Akins said.

After the arrest, Akins said, Chatman told him that Sutterfield told him what to write in the report even though there were events that Chatman did not remember occurring. Akins said the report provided false justification for using the stun gun against Dore.