Ex-officer sues central Arkansas police chief

Man says he had to resign N.M. post over accusations that couldn’t be proved

A man is suing Jacksonville Police Chief Geoffrey Herweg on accusations that the man was improperly forced to resign when Herweg was his supervisor at a New Mexico police department.

The lawsuit, filed by former 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 was deputy chief of the department before he was appointed Jacksonville police chief in April.

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 lawsuit.

It's the second lawsuit this year to question Herweg's credibility.

Jacksonville Alderman Tara Smith filed suit against Herweg in April on the claim that Herweg's past criminal convictions legally disqualify him from being a police chief in Arkansas.

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Herweg was convicted of misdemeanor counts of failure to report an accident and filing a false police report in Williamson County, Texas, in 2002. Court records show he pleaded guilty to those charges after he crashed a vehicle into a home on Christmas Eve in 2000, abandoned the vehicle and lied about it to police.

Herweg, who had been employed by the Taylor, Texas, Police Department for seven years, permanently surrendered his law enforcement credentials in Texas after his conviction, according to court records.

Jacksonville Mayor Gary Fletcher appointed Herweg police chief in April after a national search that yielded 31 candidates from 14 states.

Smith's lawsuit claims that Herweg is ineligible to be Jacksonville police chief under the Arkansas Constitution, which bans anyone convicted of an "infamous crime," which includes a crime of dishonesty, from holding an office of public trust.

Jacksonville attorneys have argued that the law doesn't apply to appointed officials.

Herweg has declined to comment on either 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?'"

Rodriguez is also listed as a defendant in the lawsuit. He referred questions to an attorney, who has not responded to a request for comment.

No response to the lawsuit had been filed late Friday.

The lawsuit against Herweg in Arkansas is ongoing. The suit seeks an emergency temporary restraining order against Herweg to remove him as Jacksonville police chief, on grounds that his record jeopardizes police operations and public safety.

A hearing is scheduled for June 19 in Pulaski County Circuit Court.

Metro on 06/12/2017

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