Arkansas Democrat-Gazette

Man guilty of filing false police report on Rapert.

- JEANNIE ROBERTS

CONWAY — A Faulkner County Circuit Court judge Friday affirmed a lower court’s ruling and found a Conway man guilty of filing a false police report against state Sen. Jason Rapert.

Stephane Ferry, 46, was led out of the courtroom in handcuffs after 20th Circuit, Division 5, Judge Harry Foster II announced the guilty verdict and said Ferry’s actions were a deliberate “attempt to pervert and subvert the criminal justice system.”

Ferry was sentenced to 90 days in jail, fined $1,000 and ordered to have no contact with Rapert or his family. The fine and 60 days of the jail sentence were suspended on the condition that Ferry not violate the no-contact order and serves 30 days in jail within 90 days.

The case stemmed from a telephone conversati­on between Rapert and Ferry on Jan. 23, 2018, which both men recorded. Within 20 minutes of the phone call’s end, Ferry arrived at the Conway Police Department and reported that Rapert had threatened him, telling an officer that the Republican lawmaker was “sending people after me.”

Ferry told officers, “I don’t know what that means. I know he has threatened someone in the past with a gun.”

After reviewing both recorded conversati­ons — of which Ferry’s cut off before reaching the point of Rapert’s alleged statement — the police determined that no actual threat was ever made and charged Ferry with filing a false police report.

Rapert can be heard in the recording that was played in the courtroom telling Ferry, “I want to put you on notice that if you continue to harass and intimidate and send threatenin­g messages to me via email, social media, or contact my office, then I will file a police report with law enforcemen­t and they can investigat­e this matter further, sir.”

Ferry was convicted in July 2018 by Faulkner County District Judge David Reyonds of the misdemeano­r and sentenced to 180 days in jail, with 150 days suspended.

In his testimony at the appeal bench trial Friday, Ferry said he was “paraphrasi­ng” when he told authoritie­s on four different occasions that Rapert said he was “sending people” after him.

His attorney, Jeff Rosenzweig, said that how someone perceives a threat is “subjective,” and he produced a photocopy of a Sept. 5, 2015, Twitter post by Rapert saying: “Not smart to come up and harass somebody in a parking lot who’s carrying a handgun. Better be glad you decided to walk away. #armed&ready”

The tweet — which came after a man approached him in the parking lot of a Conway home improvemen­t store — was reason enough for Ferry to assume Rapert was threatenin­g him, Rosenzweig said.

Ferry said he decided to go to the police station to report Rapert’s threat upon the advice of his attorney, Matthew Campbell, who also writes a political blog.

Rapert said in court that there was a “clear-marked trail of harassment” for “many years” from Ferry.

Afterward, Rapert and his wife wiped tears from their eyes as they were enveloped in hugs by family and friends who sat beside them during the proceeding­s.

“He was guilty a year ago, he’s guilty today,” Rapert said in an interview after the trial. “We need to take a stand against anyone who falsely accuses someone of a crime.”

Rapert said Ferry was clearly trying to interfere with his election and political career, but said an emphatic and emotional “Yes” when asked if he felt he was in physical danger from Ferry.

Rosenzweig said after the trial that an appeal of the verdict is not out of the question, but a decision has not been made yet.

“We are disappoint­ed the judge didn’t agree with us,” he said. “An appeal would be merited if we choose to do so.”

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