Cherokee Village officer faces battery charge over ’16 arrest

A Cherokee Village police officer has been charged with second-degree battery in connection with the 2016 arrest of an Ash Flat man.

Joshua Trivitt, 44, of Agnos, surrendered Monday to a special agent of the Arkansas State Police Criminal Investigation Division at the Sharp County sheriff’s office in Ash Flat, said Bill Sadler, a spokesman for the state police.

Trivitt was charged in connection with the Nov. 12, 2016, arrest of Randell Lee Veazie, who suffered a broken nose, a broken and dislocated jawbone, and deep cuts during the arrest, according to a police brutality lawsuit filed by Veazie against several officers and agencies.

According to a probable-cause arrest affidavit filed in Sharp County Circuit Court, witnesses said Trivitt “body slammed” Veazie to his kitchen floor and again outside his residence, both times while Veazie was handcuffed behind his back.

Jack Lowe, a Sharp County deputy who assisted with the arrest, said Trivitt body slammed Veazie to the ground so hard that Lowe “felt the impact … in his feet,” according to the affidavit from Special Agent David Moss of the state police.

“Lowe stated Veazie weighs 150 pounds and Trivitt weighs 325 pounds,” according to the affidavit.

Trivitt told investigators Veazie spit on him three times during the arrest.

“Trivitt stated he then took Veazie to the ground over his hip and in a right-to-left direction,” Moss wrote. “Trivitt stated he did not strike, hit or kick Veazie and he did not witness anyone else strike, hit or kick Veazie.”

Veazie told investigators he doesn’t remember much about the arrest after being slammed to the kitchen floor.

Lynnette Veazie, Randell’s wife, told investigators when interviewed a month after the

arrest that she had called 911 “to get Randell some help” after he came home from drinking, according to the affidavit.

“Veazie stated Randell fell out and his eyes were rolling around,” according to the affidavit.

Ash Flat Police Officer Colton Wilson was the first to arrive on the scene. He told investigators Veazie’s wife wanted her husband arrested because he had come home intoxicated and was rolling a marijuana cigarette in the residence, according to the affidavit.

“Wilson stated he went inside the residence and observed Randell Veazie rolling a marijuana joint in the kitchen,” according to the affidavit. “Wilson stated he immediately placed Veazie under arrest. Wilson stated he had encountered Veazie in the past and his experience has been that if Veazie is not placed under arrest or under control that Veazie will become unruly and want to fight and resist arrest.”

“Lowe stated Wilson handcuffed Veazie for safety reasons,” according to the affidavit. “Lowe stated Veazie was swaying on his feet and

it was obvious to him he was under the influence of alcohol or drugs.”

Lowe told investigators that Trivitt escalated the situation after he arrived on the scene.

“Lowe stated Trivitt started talking to Randell Veazie and asking him what his problem was,” according to the affidavit. “Lowe stated Veazie was not resisting Trivitt and that he was answering his questions.”

Then Trivitt stepped back, wiped his face and said Veazie had spit on him, according to the affidavit.

Lynnette Veazie told investigators Trivitt grabbed her husband around the throat with both hands and then slammed him onto the kitchen floor, according to the affidavit.

Richard Craig Wiles, a parttime Ash Flat police officer, said Trivitt had to “forcefully take Veazie to the ground” outside his residence because Veazie was attempting to kick and head butt Trivitt, who was trying to put him in a police car.

“Wiles stated that after Veazie was taken to the ground that there was blood on Veazie,” according to the affidavit.

While being transported to a hospital, Veazie began kicking the windows of the police car, so Wilson stopped to put leg restraints on Veazie,

according to the affidavit. While dragging him out of the car, Veazie’s chin hit the pavement or part of the car causing a gash, according to various witnesses.

Trivitt’s body-camera captured audio and video of part of the arrest.

Moss viewed the body camera footage. The lens on Trivitt’s body camera is blocked briefly, according to the affidavit. Two sounds can be heard during the time the camera is blocked, Moss wrote.

A couple of minutes later, “Trivitt can be heard on the footage while he is sitting in his patrol car by himself say ‘Slammed his f ****** a**,’” Moss wrote.

Besides Trivitt, also named as defendants in Veazie’s lawsuit are Wilson, Lowe and Ash Flat Police Officer Thomas Rigsby.