By TAMARA JOHNSON
Managing Editor
A lieutenant with the Forrest City Police Department has been convicted of driving while intoxicated, but as of today, still remains a member of the local police force.
No disciplinary action has yet been taken in the case.
FCPD Lt. Frank Frymire, 56, was arrested on Jan. 21, on charges of DWI and reckless driving following a near head-on collision on Highway 1 North near Caldwell in December. On Dec. 29, Frymire was traveling north on Highway 1 in his personal vehicle when he crossed the center lane and struck a southbound car. He had been off duty less than four hours when the accident occurred. His blood alcohol level was registered at .22, almost three times the legal limit of .08. He was originally charged with DWI and reckless driving.
Frymire's attorney, Frank Morledge, entered a plea of nolo contendere on Frymire's behalf during St. Francis County District Court Monday afternoon. The plea was entered after the DWI and reckless driving charges were merged into the DWI charge. The nolo contendere plea basically means Frymire did not contest the charge and agreed that sufficient evidence supported the charge to which he was found guilty.
The case is likely to be appealed to St. Francis County Circuit Court, considering a $1,000 appeal bond was also set Monday.
Judge John Martin of Brinkley, who was sitting in for Judge Steve Routon, signed the order and judgment in the case. The particulars of the order were apparently agreed upon by Morledge and Deputy Prosecuting Attorney Chris Morledge prior to the court hearing, considering the document was not discussed in open court prior to the judge signing it. Frymire did not attend Monday's hearing, nor has he appeared before a judge on the charges. Each time his case was scheduled, he was represented by Morledge.
Chris Morledge said Frymire was not required to appear in court on the charge because it is a misdemeanor, and defendants are not required to appear on misdemeanors. Frymire had completed his pre-screening through the drug and alcohol safety education program prior to Monday's court date. A pre-sentence screening report is normally completed after a person charged with DWI or DUI has been found guilty of the charge. The report then recommends to the court how the defendant should be handled in regard to education or a treatment program.
According to Susan Sims, manager for Driver Control in Little Rock, a first offender who registers over .15 (Frymire registered .22) would have his or her driver's license suspended for 180 days, and is not eligible for a work permit. However, the person may petition the court for an interlock device which is basically a breathalyzer installed in the vehicle that requires the driver to blow into it before driving. In the court filing, Frank Morledge requested the device be installed on Frymire's vehicle.
As for Frymire's sentence, as provided in the court documents, he was fined $700, which includes court costs; sentenced to one day in jail, which was suspended on his "good behavior," and ordered to attend drug and alcohol safety education classes. His driver's license is also suspended for 90 days, according to the deputy prosecutor.
Frymire began his duties with the FCPD in October 1978, and with the exception of about two months, has worked for the department for close to 25-years.
FCPD Chief Clarence McNeary said Monday afternoon that he was unfamiliar with the day's court proceedings, and would discuss with Frymire what action should be taken regarding his job with the FCPD. This morning, McNeary said Frymire is currently on a two-week vacation from the department, but he would try to contact him regarding the court's action.
"I'll make a decision as to what I'm going to do. I'll do the paperwork and talk with Frank (Frymire) to see what his plans are. He well understands," McNeary said Monday afternoon. "I have several options. I can terminate his employment, I can demote him or I can suspend him. There are various routes I can take."
McNeary said he plans to find out what Frymire's intentions are and then make his decision "as to what type of disciplinary actions should be handed out."
A foreclosure suit filed against a local firm should not have an adverse effect the development of a transportation mall in St. Francis County, even though the mall's project coordinator is involved with the firm being sued.
That was the assessment of St. Francis County Judge Carl E. Cisco this morning.
The suit, brought by the Arkansas Department of Economic Development, names as defendants Freeman, Inc., Freeman Resources, Inc., and Freeman Group Inc. It also names several others, including the United States Government which may have claims against Freeman Group Inc., claiming that the ADED claim is superior.
Frederick Freeman, associated with the Freeman Group, is the project coordinator for the transportation mall.
Cisco said he didn't think the suit would have any effect on the mall's development, but added he'd have to make sure.
"I'll have to get with the commissioners, and I'll have to reassess the situation," said Cisco. "And then I'll need to make a few phone calls to see if it's going to affect our progress any. I'll talk to some people and meet with commissioners individually, but then there'll probably be a meeting, just to evaluate things.
"I hope it doesn't affect us, and I don't see where it should," Cisco continued. "You always have to reevaluate things. But my own feeling on this is that it won't affect anything."
The ADED suit seeks $161,053.71 in what it claims is unpaid principal and interest on a loan. The suit claims that there have been no payments made to ADED for two years. The suit claims the loan was made in 1985 for $150,000. Security for the loan is listed as property owned by the Freeman Group on West Broadway.
Several suits for nonpayment were filed against the Freeman Group in August of 2002. At that time, Frederick Freeman said he had been asked by other family members to serve as president of the company because of his management background and his business degree. He said he was actually working as a volunteer, getting no salary.
The lawsuit seeks the sum of $161,053.71, along with continuing
interest at the rate of $19.52 per day from March 1 of this year,
foreclosure costs and attorney's fees. The suit also seeks to
have the ADED claim declared exclusive and paramount to any other
claims and liens. The suit also asks that a commissioner be appointed
to make a sale of the property.
By KENDALL OWENS
T-H Staff Writer
Changes in the process used in First Judicial Circuit Court in St. Francis County helped the court dispose over 250 cases during the March term of Circuit Court.
First Judicial District Circuit Court Judge L.T. Simes III said the implementation of a system using three public defenders was successful in allowing the court to handle more cases during the two-week term of court which began Monday, March 1, and ended this past Friday.
"My word for this term of court would be 'excellent,' because we were able to handle more cases quicker because we had three public defenders available. The system worked really well because the defendants knew that with three attorneys available, their case would be coming before me. We were really able to make an impact on the docket this time, and my goal for my next term in St. Francis County in August is to dispose of the remaining 2002 cases from the docket," Simes said.
At the beginning of the March term there were 404 cases on the St. Francis County docket. Over 250 cases were disposed of during the term with 10 individuals ordered to serve a sentence in the Arkansas Department of Corrections. According to Simes, approximately 47 cases from 2002 remain on the docket. The court also levied over $65,000 in fines and court costs, and $41,606.55 in restitution was ordered by the court. An additional $2,500 must be paid to the public defender's fund by defendants.
A second change in the way the court operated was the implementation of a system which required jurors to call in to the circuit clerks office at 11 a.m. daily to find out if they needed to report for duty. Simes said that the change also helped expedite cases.
"Our system was to have our jurors check in at 11 a.m. every day. They were told whether they needed to be in court at 1 p.m., and that really helped because attorneys and defendants knew that the jury was available every day," Simes said.
During the March term, two jury trials were heard. According to Simes, the number of trials also affected the number of total cases disposed of by the court.
"Because we only had two jury trials, we were able to hear more cases. It is always the defendant's right to have a trial by a jury of his or her peers, but when the jury is not used' it helps expedite the other cases," he said.
Individuals who failed to appear on their scheduled court date during this term of court will now be held in custody until they can appear before a judge according to an order signed by Simes. According to Simes, the move was made to keep defendants from being released with a new date in court when arrested.
"I signed an order so that when a defendant does not appear that they can be held without bond until they can have a hearing. Now in order to keep individuals from being held for a long period of time, I have agreed to come in as soon as possible to hear the cases. I just don't want to have people being automatically released when they've already failed to appear. I want to get the cases resolved," Simes said.
The next term of circuit court is scheduled to begin on May
10.
By ALAN SMITH
T-H Staff Writer
The St. Francis County Museum Board heard several updates on upcoming events. Most notably, the fifth annual Circle of Friends Intertribal Native American Pow Wow and the role of the museum in the event.
"The pow wow is still on," said Anita Widby, chairperson of the board. "Mr. (Frank) Brent (who, along with his wife Cinda, serve as coordinators of the pow wow) is trying to drum up money for the event. In the past, the museum has been a sponsor of the event. This year we will continue to support it, but we are not a sponsor. We will serve as the fiscal administrator for the event."
According to Laura Mazzanti, director of the museum, the funding for the event will come through the museum at the request of the St. Francis County Judge's Office. The pow wow will be held at the Wiley T. Jones Fairgrounds Friday, March 26, through Sunday, March 28. It is free and open to the public.
Mazzanti told the board of a new exhibit that will be geared towards teaching children about pre-history this summer. "We are going to have an exhibit on fossils this summer," stated Mazzanti. "What I'd like to do is set up the display in the room like a timeline. The children would go from one side of the room to the other and learn about what was going on during each time period. I would also like to develop a class around the exhibit for the children."
Mazzanti reminded the board of the Delta Symphonic Orchestra's
String Quartet performance, at the museum on Thursday, April 22,
from 4 to 6 p.m., the Thunder Cruise motorcycle tour on Friday,
April 23, and Saturday, April 24, and an exhibit of art work from
students in the Forrest City School District that will begin on
May 1.
A Forrest City man has been arrested and brought back from Tulsa, Okla. to face charges of theft of property over $2,500.
Johndrell Gene Hamilton, 22, whose address is listed as 2004 Williams Street in Forrest City, was bound over to circuit court on bond of $5,000.
Hamilton was sought in connection with the burglary of Forrest Hills School on June 5, 2002. In that incident, $6,000 worth of computer equipment was stolen from one of the classrooms.
He is also being held on a charge of residential burglary and theft under $500, involving a break-in that took place on Peevey Street Dec. 19, 2003. In this incident, it is alleged he stole a stereo and later sold it to an individual for $25, using the street name of "Richy Rich." The individual who bought the stereo cooperated with investigators.
Hamilton was arrested in Tulsa on March 9, and returned to Forrest City on March 12.
The Forrest City High School mock trial team's quest for a fourth consecutive state title ended in the second round of state competition this year.
The local team lost to eventual state champion Rogers in competition Saturday.
Faculty sponsor Jimma Darnell said she didn't have any complaints.
"We were tied on points," said Darnell. "And the attorneys, after 30 minutes of deliberation -- it took them a while -- decided that Rogers would go on. It is the exact same thing that happened last year, except we got the nod last year and Rogers didn't."
She said she was proud of the effort the team members put forth.
"The kids did a great job," she said. "My kids did not let me down. They didn't let anyone else down. Especially themselves. They did a very good job. I knew we had been in a scrap. I knew how close it was.
Brad Beavers and Chris Morledge work with the team as attorney-coaches.
Eight teams, winners of eight regional competitions, competed Saturday at the Pulaski County Courthouse in Little Rock. Other teams included Parkview High School in Little Rock, Cutter Morning Star High School, Mills High School in Little Rock, Lake Hamilton High School in Hot Springs, Bruno-Pyatt High School and Nettleton High School.
In mock trial competition, the students play the roles of attorneys and witnesses to present a case which are judged by actual lawyers and judges. Students and their coaches prepare for months. The trial scenario is provided by the national organization. The teams have to learn both the prosecutor and defense sides of the case; which side they take is decided by a coin toss.