FRANKLIN COUNTY, Ark. — Franklin County Sheriff Anthony Boen is in court facing a jury after being accused of using excessive force on multiple detainees who were handcuffed.
Day 1 of the trial
A jury has been seated for Franklin County Sheriff Anthony Boen's trial, where he’s being charged with three counts of excessive force.
Jury selection began Monday, Aug. 2.
Around 60 potential jurors spent all day answering questions from the judge, prosecution and defense before they were narrowed down to 17, including 12 jurors and five alternates. Many of the questions they asked had to do with law enforcement.
Sheriff Anthony Boen was indicted on three federal charges of using excessive force on detainees. Investigators say one of the alleged incidents took place in 2017 and the other two in 2018. Investigators say Boen is accused of punching a handcuffed detainee while in a patrol car being transported to the Franklin County Detention Center.
Potential jurors were asked if they held Boen to a higher standard because he is an elected official. They were also asked if they believe police officers are not capable of violating the law. It was revealed by the prosecution that there is no video evidence of these alleged incidents. The prosecution asked jurors if they felt they could rely solely on witness testimony.
The list of witnesses is long, with more than 30 people that will potentially be called to testify. Opening statements in the trial will start Tuesday, Aug. 3.
Anthony Boen has been the Franklin County Sheriff since 2011 and is still sheriff but is not allowed to enter the sheriff’s office and only signs employees' checks brought to his house. If Boen is convicted, he faces up to 30 years in prison.
Day 2 of the trial
The jury heard testimony Tuesday in the trial of Anthony Boen. Opening statements were read and three witnesses, two of whom worked under Sheriff Boen at the Franklin County Sheriff’s Office, testified. In their opening statement, the prosecutors told the jury that they will hear from four officers about Boen allegedly hitting detainees.
Prosecutors told the jury that the officers who accuse Boen of striking the detainees say these incidents were premeditated and covered up by the sheriff.
Former Franklin County Deputy Sheriff Mason Berry took the stand earlier in the day giving an emotional testimony. He spoke about a time in 2017 when he was called to pick up Boen at his home and drive him to the Crawford County Detention Center to transport an inmate from the Franklin County jail. Berry says when he picked the sheriff up, he smelled of alcohol. Berry says once they picked the inmate up and were back on the interstate headed for Franklin County, that the sheriff said the inmate was trying to escape and that Berry needed to pull over. After pulling over, Berry says Boen got out of the patrol car and went to the back where he hit the inmate six or eight times. It wasn’t until three years later that Berry was approached by the FBI about this incident.
The jury also heard from Justin Phillips, the inmate who Berry says he witnessed Boen abusing in a police car on the interstate. Phillips alleges Boen said before Berry started driving that, “If you live through tonight, you’ll never forget it.” Phillips says on their drive, Boen got on the radio and said that Phillips was slipping out of his handcuffs. He says that’s when the patrol car pulled over and Boen struck him around six or eight times.
Former Franklin County Chief Deputy Carolyn McCain also took the stand. McCain, who retired in October of 2017, told the jury that after the alleged incident between the sheriff and Phillips, that Boen told them that Phillips wasn’t going to give the department any more problems.
Day 3 of the trial
Wednesday (Aug. 4), a federal jury heard testimony from former inmate Justin Phillips, who said he was hit by the sheriff as he was being moved from solidary confinement.
Travis Ball, who was an investigator at the time, recalled seeing Boen abuse his position of authority on several occasions.
Ball told the jury he witnessed the sheriff take a phone call about an inmate biting a trustee. According to Ball, hours later Boen showed up at the jail and hit the inmate in the back of the head several times.
Day 4 of the trial
On Thursday (Aug. 5), prosecutors have rested their case in the trial against Franklin County Sheriff Anthony Boen, and lawyers for the sheriff called their first witness to the stand.
Before resting their case, federal prosecutors called another two witnesses to the stand, including a nurse who treated one of Boen's accusers.
Meanwhile, the defense team says they plan to call as many as six witnesses.
Day 5 of the trial
Jurors are deliberating in the trial of Franklin County Sheriff Anthony Boen.
Boen did not testify in his own defense and could be seen leaving the federal courthouse in Fort Smith with his family on Friday night (Aug. 6).
The court went into recess until Monday (Aug. 9) at 8:30 a.m.
The jury reached a verdict on one of the three charges and will deliberate on the other two charges next week.
The jury also has the power to change their decision on the first count next week when they continue discussions.
Day 6 of the trial
After almost six hours of deliberation, the jury found Boen guilty on two counts of civil rights violations by using unreasonable force.
He was taken into custody by U.S. Marshals. His sentencing will take place in about four months and he could face up to 20 years in prison.
Since this is a federal case, Boen could be housed in any prison across state lines. Officials say there would be a massive security effort on the part of the prison system where he is housed. Since he is a sheriff he will likely be separated from most inmates.
Paperwork is being filed with the Franklin County Quorum Court, which will declare a vacancy, to remove Boen as sheriff. Officials say they hope to do this at their meeting this Thursday (Aug. 12) night.
The Quorum Court will then appoint someone to finish out the term that ends at the end of this year. State law says an elected official cannot hold office if they are convicted of a felony.
"Today's guilty verdict shows that justice will prevail in cases where a person's civil rights are violated," said the U.S. Attorney for the Western District of Arkansas David Clay Fowlkes reacting to the Boen trial verdict. "We will continue to vigorously pursue cases involving the violation of basic civil rights that should be afforded to everyone."
Please stay with 5NEWS as we continue to cover Boen's trial.