Special prosecutor asked for in Lee investigation

BENTONVILLE -- A special prosecutor has been recommended to handle a criminal investigation of Capt. Andy Lee, a member of the Benton County Sheriff's Office command staff.

Nathan Smith, Benton County prosecutor, declined to comment on the details of the investigation.

Shane Wilkinson, Lee's attorney, said Thursday the allegations against Lee are baseless, but declined to comment on what the allegations are. Lee is on paid leave from the Sheriff's Office, Wilkinson said.

"Any time an allegation is made, law enforcement has a duty to investigate and we respect that," he said. "However, we do not feel like any charges will come from these allegations."

Bentonville Police Chief Jon Simpson said Thursday his department initiated an investigation concerning a "family law matter" and the Springdale Police Department assisted in the investigation.

Smith filed a motion Monday to withdraw from the case and asked for a special prosecutor to handle the inquiry. He said in his motion there's a conflict of interest because Lee has a close working relationship with prosecutors and he has testified in numerous trials.

Lee oversees the patrol division for the Sheriff's Office. Lee was hired at the Sheriff's Office in 2012. Lee also was a longtime Bentonville police officer.

Circuit Judge Brad Karren granted Smith's motion and ordered a special prosecutor be selected.

Bob McMahan, director of the state's Office of Prosecutor Coordinator, has recommended Jack McQuary be appointed as special prosecutor. McQuary is an attorney with the Arkansas Office of the Prosecuting Attorney. The appointment isn't official until a judge signs an order to appoint McQuary, McMahan said.

Smith also requested a special prosecutor be appointed to handle the investigation of former Sheriff Kelley Cradduck. Jason Barrett, the special prosecutor, and attorney Drew Miller resolved the case as Cradduck pleaded no contest to a misdemeanor tampering charge last month. Cradduck was placed on six months of unsupervised probation.

NW News on 05/20/2016

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