Harassment charges filed and warrants served against two Little Rock residents over a Feb. 3 incident in which a state legislator and a legislative candidate were confronted in a Capitol View/Stifft Station neighborhood after a political fundraiser have Rep. Vivian Flowers angry and questioning a legal system that she said disproportionately favors white people.
Darlene Herndon, 68, and Nicholas Castleberry, 47, were charged with Class A misdemeanor harassment in the incident. If convicted, the charge carries a maximum penalty of up to one year in jail and up to a $2,500 fine.
According to a police report, Flowers, D-Pine Bluff, and Ryan Davis, who was running for a seat in the Legislature, called police after they were confronted by residents on Dennison Street after a fundraiser for Davis. Both told police that they were standing next to Flowers' car talking about politics when Herndon and Castleberry -- who are white -- stepped out of their homes and confronted the two politicians -- both of whom are black -- about being in the neighborhood. The report said Flowers, 50, and Davis, 41, told police that they were yelled at, told they did not belong in the neighborhood and ordered to leave.
Davis and Flowers said that after they called police, they heard a gunshot from the direction of Herndon's home. When police arrived several minutes later, they did so with their guns drawn on Davis and Flowers, according to a report.
The report said that Herndon said she owned guns but denied having fired a shot. She refused when officers asked to see the guns, telling them that she did not have access to the firearms, the report said.
Davis and Flowers both filed criminal complaints with Pulaski County prosecutors and requested that the incident be looked into by a civilian review board established by Little Rock Mayor Frank Scott. The five-member board recently completed training, according to Police Department spokesman Eric Barnes, but has yet to meet because of coronavirus restrictions.
The warrants, which were issued April 17, were served Thursday afternoon, Barnes said. Herndon and Castleberry were ordered to appear in Pulaski County District Court, Divison 1, at 9 a.m. on July 23, according to citations that were issued when the warrants were served.
Davis said the charge of harassment came about after talks with prosecutors in light of uncertainty about who may have fired a gun that night.
"We've not come to any conclusion about the gunshot and there's so much doubt over whether or not the lady actually fired a shot," he said. "There's enough doubt that it would lead us to believe she's not the person who shot the gun so I think it proper that the charge is harassment."
Davis said that although he had requested the actions of police that night be looked into, he said the issue that arose that night was the incident with people in the neighborhood and not the interaction with police.
"Our concern on that is with what we were told is the policy that had police come with weapons drawn onto a scene like that," he said. "We were asking for a review of that policy, not the actions of the police that night."
Flowers, upon learning that the warrants were issued more than a month after the incident, and were served more than a month after their issuance, and that both Herndon and Castleberry were issued citations, expressed anger at the delay. She said the slow action was indicative of how different people are treated differently in interactions with the legal system.
"One of the things that I was very clear about in every meeting that I've had is that they should be arrested," Flowers said. "If it had been my mother, she would have been arrested that night. They would have gone in her house and tried to find out if there was a gun."
As a misdemeanor charge, Flowers said she didn't expect either one to be locked up, but said she would have preferred that a stronger message had been sent.
"I at least expected them to be arrested, fingerprinted, and released on their own recognizance," she said. "That is what I thought should happen."
Flowers said she was frustrated over the numerous reports of black people being killed by police or armed civilians that spark anger but then die down until the next time it happens. In the meantime nothing gets done to address the violence, she said. Making matters worse is that since the incident, she has been criticized for speaking out and drawing attention to the matter, she said.
"The argument I hear is how we have to be more strategic and thoughtful of getting away, living, staying alive and fighting another day," she said. "I know that practically that is true, but why do we have to do that? Why do we have to prove that we're not a threat? It's like because we didn't die we should scurry off and not be making a big deal about it, like we were making a big deal by demanding that these people be arrested. Well, this happened in February and what is it now, May, and they were served a warrant?"
Had the encounter taken a different turn, it would have sparked a different conversation, Flowers said.
"Everybody would be scrambling to ask what kind of justice to seek had I been shot and killed," she said. "Then everybody would be trying to comfort my mama instead of telling me to stop making a fuss."
Flowers said that although the police responding that night acted professionally, the fact that their guns were drawn was unnerving. She said that often in those circumstances, the situation can escalate rather than be brought under control. Flowers said the amount of time it took to lodge the charges and serve the warrants is unacceptable.
"That was four months ago," she said. "There was a gunshot that night. We don't know who shot it but somebody shot a gun and all we were doing was standing by my car talking quietly and we get treated like that. We get met by police pointing guns at us when we're the ones who called the police. And it takes four months for the warrants to be served. I'm a state legislator, which means nothing regarding this, but what do you suppose happens to people of color who are not?"
Reached by phone on Friday, Herndon declined to comment.
"I have no comment under the advice of my attorney," she said. "This is blown out of proportion."
Castleberry said he could not comment because of the upcoming arraignment.
"I'll have plenty to say after," he said. "This is purely political and you can quote me on that," he said.
State Desk on 05/30/2020