CONWAY -- A Faulkner County sheriff's deputy who was fired for using excessive force during an arrest plans to plead innocent to a misdemeanor battery charge.
In a letter to Faulkner County District Court, the law office of attorney Bill James asked that the plea be entered on behalf of Eugene Watlington, 43, of Vilonia. Watlington is free on bond.
Watlington's arraignment is scheduled for May 2, but defendants sometimes don't attend such hearings when their attorneys have previously entered the plea for them.
Lee Short, an attorney with the James Law Firm, is representing Watlington, who is charged with third-degree battery in the May 4 arrest of Harvey Martin III, 46, of Conway.
The FBI and other federal agencies also have been investigating the arrests of Martin and Christopher Cummings, 29. The two led deputies on a high-speed car chase from Mayflower to Conway on May 4. Authorities have said Cummings fired shots at deputies' cars but did not wound any officers.
The prosecutor's office later dismissed charges against Martin because, authorities said, Cummings had forced Martin to drive the fleeing car at gunpoint.
Once the men's car broke down in Conway, officers struggled with both men before taking them into custody. A Mayflower police officer who had joined the chase and who was wearing a body camera captured video of Martin's arrest but not of Cummings' arrest, which was a short distance away. That video showed Watlington repeatedly kicking Martin with a boot even though Watlington did not appear to be helping in the arrest.
Cummings and Martin were treated for minor injuries in a hospital's emergency room and released that same day to the sheriff's office.
Sheriff Andy Shock later fired Watlington for using what Shock said was excessive force. Other officers who had been suspended were allowed to return to work. Shock has since resigned to take a position on the state Parole Board.
Prosecuting Attorney Tom Tatum of Danville was appointed to handle the Watlington case as a special prosecutor after Conway City Attorney Chuck Clawson recused. Prosecuting Attorney Cody Hiland had previously determined that no felony charges were warranted.
Online court records indicate that an order instructing Watlington to have no contact with Martin was served on Watlington last week. The order, requested earlier by Tatum, says Watlington is "not to be in possession of any weapons, firearms, or ammunition for the duration of this Order."
Third-degree battery is a Class A misdemeanor punishable by up to one year in jail and a $2,500 fine.
State Desk on 04/12/2016