CONWAY -- A prosecutor said Friday that he had decided against charging former Mayflower police Sgt. Jeremy Hanson because city policy apparently had allowed the officer to put fuel in his personal vehicle at city expense as a way to subsidize the officer's pay.
Hanson had been suspended with pay during an Arkansas State Police investigation and later resigned.
In an Oct. 22 letter to state police Maj. Henry La Mar, Prosecuting Attorney Cody Hiland wrote: "As with most cases, evidentiary proof of criminal intent is a necessary part of the case against a defendant. In this particular investigation, it would appear that approval existed from a department head for the actions of Officer Hanson which at best significantly minimize, and at worse negates, evidence of criminal intent necessary to move forward with prosecution."
Hiland released a copy of the letter Friday in response to a request from the Arkansas Democrat-Gazette.
Hiland wrote that he had asked the state police to conduct the investigation after receiving information from Mayflower Police Chief Robert Alcon "concerning potential theft from the city" by Hanson.
Hiland said evidence indicated that Alcon, who became chief earlier this year, didn't know about the policy at the time.
The letter said it was "obvious from the investigation that City of Mayflower gas was used for personal benefit by Jeremy Hanson and possibly other employees. However, in Officer Hanson's statement to Investigator [Jassen] Travis, he indicates that Mayor Randy Holland has '... always allowed them in the past to use city fuel in their personal vehicles ... it was a way to help with the pay cuts and low pay that they received.'"
Travis asked the mayor whether he allowed Hanson to use city fuel for his personal vehicle and boat.
"Mayor Holland's initial response was, 'Not in his boat, no,'" the letter said. The mayor also said Hanson "had been around a long time and, '...he tries to help him out because he cannot pay him as much,'" the letter added.
Hiland said that while "insufficient evidence exists to warrant a criminal prosecution," he would forward the case-file information to the Arkansas Division of Legislative Audit for a "review of the city's authority to use its fuel as a supplement for perceived employee salary deficiencies."
Holland did not return messages left on his home phone and cellphone seeking comment Friday. The mayor's office is closed Fridays.
Hanson could not be reached for comment by telephone. There is no listing in Conway or Mayflower directory assistance for him.
Alcon said Friday that he knew of no such policy allowing officers to use city fuel for personal vehicles.
He said Hanson had used the fuel in April shortly after Alcon became chief in February.
"There's been no [other] improprieties with that fuel tank since I took over as chief," Alcon said. "That belongs to the people of the city. ... I've witnessed no one under his [the mayor's] direction taking any fuel."
State Desk on 11/01/2014