Case closed; no crim­i­nal charges to be filed against for­mer deputy

Northwest Arkansas Democrat-Gazette - - NORTHWEST ARKANSAS - TRACY M. NEAL Tracy M. Neal can be reached by email at tneal@nwaon­ or Twit­ter @NWATracy.

BEN­TONVILLE — Pros­e­cu­tors will not file charges against a for­mer Ben­ton County Sher­iff’s Of­fice deputy who was fired and later ar­rested in con­nec­tion with sex­ual as­sault of a fe­male in­mate.

Adrian Rivero, 34, was ar­rested May 18 in con­nec­tion with fourth-de­gree sex­ual as­sault, a crime pun­ish­able by up to six years in pri­son.

Stu­art Cear­ley, chief deputy pros­e­cu­tor, an­nounced dur­ing an ar­raign­ment Thurs­day no charges would be filed. The case is closed.

“Af­ter a thor­ough re­view of the ev­i­dence and the rel­e­vant statutes, we de­ter­mined that the con­duct as al­leged did not meet the statu­tory re­quire­ments to con­sti­tute a crime,” said Nathan Smith, Ben­ton County pros­e­cu­tor.

Billy Bob Webb, Rivero’s at­tor­ney, said he was pleased pros­e­cu­tors spent time re­view­ing the ev­i­dence and reached the no- charg­ing de­ci­sion.

“I know ( Rivero) and his wife are happy to move on with their lives,” Webb said.

Rivero had worked for the Sher­iff ’s Of­fice for 15 months, ac­cord­ing to court doc­u­ments.

The in­ves­ti­ga­tion be­gan when another deputy re­ported a for­mer in­mate said Rivero was hav­ing an in­ap­pro­pri­ate phys­i­cal re­la­tion­ship with a fe­male in­mate, ac­cord­ing to a prob­a­ble cause af­fi­davit.

The for­mer in­mate re­ported she knew dates and times the phys­i­cal con­tact be­tween Rivero and the in­mate oc­curred, ac­cord­ing to the af­fi­davit. The for­mer in­mate also shared text mes­sages be­tween her and Rivero where the two com­mu­ni­cated about the fe­male in­mate, ac­cord­ing to court doc­u­ments.

The for­mer in­mate re­ported Rivero and the fe­male in­mate be­gan to have an in­ap­pro­pri­ate re­la­tion­ship in the jail, ac­cord­ing to the prob­a­ble cause af­fi­davit.

The fe­male in­mate also re­ported she and Rivero kissed in the min­istry room, the af­fi­davit states. There are no cam­eras in that room.

Rivero ad­mit­ted shar­ing one kiss with the fe­male in­mate and to her brush­ing up against him in­ap­pro­pri­ately, the af­fi­davit states.

“The Sher­iff’s Of­fice col­lects the facts and presents the case to the PA’s (prose­cut­ing at­tor­ney’s) Of­fice,” said Keshia Guyll, spokes­woman for the Sher­iff’s Of­fice. “It’s their de­ci­sion as to whether they want to pros­e­cute the case.”


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