Federal court to weigh former sheriff’s motion for acquittal, new trial

FORT SMITH — A federal judge has set a hearing on former Franklin County Sheriff’ Anthony Boen’s request his convictions be set aside or he be granted a new trial.

U.S. District Judge Timothy L. Brooks signed an order Tuesday setting a hearing in Fayetteville at 1:30 p.m. Nov. 16, according to court records.

Boen faces up to 20 years in federal prison and additional fines. A jury found him guilty Aug. 9 of two federal counts of deprivation of rights under color of law. These stemmed from two use-of-force incidents against detainees in 2018 resulting in injuries.

The jury acquitted Boen of a third charge. He was indicted Nov. 20, 2019.

Boen’s motion for acquittal or new trial, filed Aug. 23, argues the federal government failed to present sufficient evidence during Boen’s trial to establish beyond a reasonable doubt the former sheriff committed any of the acts described in his indictment.

An attorney representing the federal government, Michael Songer, filed a response to the motion Sept. 28 asking the court to deny it.

He argued the evidence presented during the trial proved Boen guilty of the two counts beyond a reasonable doubt.

Paul Prater, an attorney representing Boen, filed a reply to the government’s response Oct. 21 requesting the court grant Boen’s earlier motion.

Brooks hasn’t set a new date for Boen’s sentencing after canceling one he previously set for Jan. 12.

Cory Thomas, supervisor deputy for the U.S. Marshals Service in Fayetteville, has said Boen is being held at the Okmulgee County jail in Okmulgee, Okla., awaiting sentencing.

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