Hiking guide found guilty in Buffalo National River case

Bluffs cradle the Buffalo National River, which runs for 135 miles from Ponca to the White River, in this undated file photo. (NWA Democrat-Gazette/Flip Putthoff)
Bluffs cradle the Buffalo National River, which runs for 135 miles from Ponca to the White River, in this undated file photo. (NWA Democrat-Gazette/Flip Putthoff)
HARRISON — A Bentonville man was found guilty Tuesday of two misdemeanor counts stemming from a May 7 hike in which a Springfield, Mo., man fell to his death in a rugged section of the Buffalo National River park.

After a bench trial in federal court in Harrison, Magistrate Judge Mark E. Ford determined that Jeffrey Johnson led the hike and had solicited money for his services.

Johnson didn’t testify in the trial. Based on other testimony, he led a group of 31 hikers along Indian Creek Trail to a rock formation known as Eye of the Needle. Indian Creek Trail isn’t an official park trail, according to court testimony.

In an telephone interview with investigators, the audio of which was played in court, Johnson said he advertised the hike on Facebook and too many people showed up wanting to go. Johnson said he normally limits the number to about 15. 

The hike was described as very technical, with narrow trails along a bluff and a rope climb along the way.

Brad Lee Thomas, 46, and at least one other hiker decided to turn back during the hike, unbeknownst to Johnson, and Thomas fell to his death.

Chris Fanagin, Johnson’s attorney, argued that his client took no payment for leading hikes in the national park. But Devon Still, representing the government, produced documents from the internet indicating Johnson sought a $20 annual fee for membership in his hiking group: Arkansas Nature Lovers Group. Some people paid Johnson in the national park, according to court testimony.

Ford found Johnson guilty of violating two sections of the Code of Federal Regulations: 36 CFR 5.3, engaging in or soliciting any business in park areas without a permit; and 36 CFR 2.37, illegally soliciting money, goods or services.

Ford found Johnson innocent of 36 CRF 1.6(g)(1), engaging in an activity subject to a permit requirement without obtaining a permit. Ford said he agreed with Flanagin that that charge was “piling on.”

Johnson’s sentencing is scheduled for March.

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