Ex-deputy sentenced in kicking of arrestee

CONWAY — A judge sentenced a former Faulkner County sheriff’s deputy who was fired for using excessive force to 90 days in jail Friday.

Special Faulkner County District Judge Mark Derrick also fined Eugene Watlington, 44, of Vilonia $1,090 after finding him guilty last month of misdemeanor battery as a result of the May 4, 2015, arrest of Harvey Martin III of Conway.

Defense attorney Lee Short said he was filing an immediate notice of appeal to circuit court, a move that put Watlington’s sentence on hold.

The key trial evidence was a video taken by a body

camera that a Mayflower police officer was wearing at the time of the arrests of Martin and Christopher Cummings after a high-speed chase between Mayflower and Conway on the night of May 4, 2015. Martin was driving a Ford Mustang, while Cummings, a passenger, fired numerous shots at police vehicles.

That video showed the 6-foot-1 Watlington, who weighed 310 pounds, yanking Martin from the car, throwing him on the ground and kicking him after the car ran out of gas in Conway.

Authorities have said they later learned that Cummings had forced Martin at gunpoint to flee police. Martin was working undercover for Conway police at the time, but sheriff’s deputies apparently did not know that.

Derrick said “what bothered me the most” was that Watlington was not trying to work with other officers to restrain Martin even though Watlington kicked Martin, 47, repeatedly with his boot.

“The one [kicking] that really concerned me the most was the last one,” Derrick said. “You tapped an officer on the shoulder. He’s called over. You stepped back … kicked him [Martin] several times, then you looked around” to see if anyone else was watching. “You knew that was wrong. That was what really bothered me.”

Derrick said he could not sentence Watlington less severely for this crime “because you had special training. You knew better. One video like this” gets far more publicity than 500 legitimate arrests, the judge said.

Watlington’s sentence could have been tougher. Third-degree battery is a Class A misdemeanor, punishable in Arkansas by up to one year in jail and a fine of up to $2,500.

Seated beside his attorney, Watlington said nothing audible during the brief hearing. Attorneys, court personnel, Watlington’s wife and two reporters were the only other ones present.

Derrick also issued what amounted to a veiled but polite scolding of Short for Short’s criticism of Tom Tatum, the case’s special prosecutor, during trial testimony.

“I have never heard anything derogatory about Tom Tatum,” Derrick said. “I’ve never heard anything to indicate he is not a straight shooter. We don’t accuse … the other side of being dishonest just because” of certain testimony.

Short did not respond in court. Outside court, he indicated he was busy with his client and had no comment beyond his statement earlier about appealing.

Short also asked Derrick to waive a previous bond condition that Watlington not be allowed to possess a firearm during his release. Short told Derrick that Watlington needed a gun for protection. A motion asking for the change earlier also said Watlington wanted to take his children hunting.

Derrick denied the motion, saying he’d leave that decision to the circuit judge who hears the appeal.

Martin, the victim, didn’t show up until after court was adjourned. His mother accompanied him.

Martin said he hopes the sentence given Watlington will help prevent future police abuses “because nobody should be in the place I was.”

The Mayflower police officer caught only the arrest of Martin, not Cummings, on his body camera. Both men were treated at a Conway hospital’s emergency room and released that same day to the sheriff’s office.

Former Sheriff Andy Shock fired Watlington over what Shock considered excessive force.