Alexander city
council members were presented a settlement offer of $150,000 over a
civil rights case, which stems from a 2012 police shooting. Even
though a ruling by a Federal district court judge released both the
city and then Police Chief Horace Walters as participants in the
case, Alexander is still responsible for ten-percent of any
settlement or fine.
Little Rock Attorney
Keith Wren recommended the city reject the offer. Wren was filling-in
for Arkansas Municipal League Attorney John Wilkerson who was unable
to attend the November 20 council meeting.
The shooting
occurred Saturday, September 8, 2012. It was investigated by the
Arkansas State Police.
According to the
state police report former City of Alexander Police Officer Nancy
Cummings encountered Carleton Wallace walking on Brookwood Road
around 4:30 PM. Cummings told State Police she noticed Wallace
carrying a pistol tucked in his pants and that he threw it into the
woods when he saw her. While attempting to arrest him and search him
for weapons, Cummings says her service weapon she had been holding
discharged. Wallace was transported to Saline Memorial Hospital
where he was later pronounced dead. Soon after the incident Cummings
resigned from the police department.
In January, 2013
Cummings was charged with manslaughter by Saline County Prosecuting
Attorney Ken Casady. A jury trial was held in October in which she
was found not guilty.
According to court
documents Jacquelyn Wallace, Carleton Wallace’s mother, filed the
civil rights lawsuit, “for the Estate of Carleton J. Wallace.”
The lawsuit claims Cummings, “violated Wallace's Fourth and
Fourteenth Amendment rights to be free from excessive force.”
After the
recommendation to reject the offer Wren went on to explain that if a
jury ruled in favor of Wallace the financial judgment could be more
or less than the current offer. Alderwoman Juanita Wilson suggested
the council wait to see, “If a lower amount can be negotiated.”
Alexander Mayor Paul
Mitchell asked for a motion to accept the settlement offer. When no
one on the council offered a motion Mitchell ruled the offer as being
rejected.
Present at the
meeting were council members Elizabeth Bland, Joy Gray, Joe Pollard,
Harold Timmerman, Juanita Wilson. Absent were Dan Church, Melissa
Ratliff and Jeffery Watson,
In a somewhat
related matter, council members gave Mayor Mitchell approval to
remove the memorial cross that was placed along Brookwood Road near the
location where Carlton Wallace was shot. Mitchell said he has
received numerous complaints about the cross.
Mitchell noted that
the cross is on city right-of-way and if it was moved over it would
be on Saline County Water and Sewer property. He then quoted Arkansas
law § 14-301-101 - City council -- Powers and duties.
He said, “The city
council shall: ‘Not may … shall, and we all know what shall
means,’ (1) Have the care, supervision, and control of all the
public highways, bridges, streets, alleys, public squares, and
commons within the city; and (2) Cause those public highways,
bridges, streets, alleys, public squares, and commons to be kept open
and in repair, and free from nuisance.”
“I get enough
complaints, it’s a nuisance,” he said.
In a unanimous voice
vote council members gave Mitchell permission to remove the cross.
In other actions
during the November 20 meeting:
In
a voice vote council
members gave preliminary approval of the vote count on the recent
sales referendum, which passed 59 to 55. Mitchell said Saline County
hasn’t finalized the results for the city to approve, but the state
needs the city to accept the vote so the treasurer’s office can
start it’s end of the process.
Mitchell explained
the steps involved after a successful election. Under state law there
is a 30-day waiting period after the election to allow anyone to
contest the results. Once the vote count is accepted by the county
and city, and no one contests the election, the state begins the
process of notifying all businesses affected by the sales tax. Also,
Mitchell noted that a new tax always starts at the beginning of a
quarter so the additional one-cent sales and use tax probably won’t
start until April 1.
With
another voice vote council members approved allowing Pac-Van
to expand onto two-acres of land behind the Citgo at the I-30
interchange. Pac-Van is currently at 100 Cornerstone Road in
Alexander. Sales Representative Rick Brewer told Council members
Pac-Van will also be moving its operation from Mabelvale to
Alexander.
Mayor
Mitchell reported that the state still has not transferred the Human
Development property to the city. The council has already voted to
accept the property, as required by the state. It’s now up to the
state to decide if it wants to relinquish ownership.
The next regular meeting of the Alexander City Council is
Monday, December 18. Meetings start at 6 PM and are held in the
courtroom at the City of Alexander Municipal Complex. The public is
invited to attend.
