Judge: Ex-deputy can own gun again

CONWAY — A judge ruled Tuesday that a former sheriff’s deputy appealing a misdemeanor battery conviction may legally possess a firearm again.

Eugene Watlington, 44, was fired from the Faulkner County sheriff’s office for using what then-Sheriff Andy Shock said was excessive force during the arrest of Harvey Martin III in May 2015.

As a condition of Watlington’s release from jail, he agreed to a no-contact order that included a standard provision saying he could not possess any weapon, firearm or ammunition. Watlington later, however, asked to have the order modified so that he could own a gun for protection.

In a letter disclosing his decision to attorneys in the case, Circuit Judge Charles Clawson Jr. wrote that, except for certain domestic violence offenses, a misdemeanor conviction does not prohibit a person from having a firearm.

“Had Mr. Watlington not appealed his conviction there would be no question that the misdemeanor conviction would not prohibit him from possessing a firearm,” Clawson wrote. “Prosecuting the appeal should bear no greater consequence.”

“Therefore, it would seem that the defendant’s motion to modify the no contact order to the extent that he may own or possess a firearm would be appropriate,” Clawson added. “This assumes that the allegation that he has no prior felony conviction is correct.”

In Watlington’s original motion to Faulkner County District Court, he said he also would like to take his children hunting. He did not mention hunting in a subsequent motion filed by defense attorney Lee Short in Faulkner County Circuit Court where Watlington is appealing.

Special District Judge Mark Derrick convicted Watlington in February of third-degree battery and declined to modify the no-contact order.

The case’s special prosecutor, Tom Tatum, had opposed the modification, according to Short. Tatum did not file an opposing argument, though, and did not immediately return a phone call seeking comment Tuesday.

Short had noted that the misdemeanor case does not involve the illegal use of a firearm.

The battery charge against Watlington resulted from the May 4, 2015, arrest in Conway of Martin by sheriff’s deputies after a high-speed chase from Mayflower to Conway. A videotaped recording showed Watlington repeatedly kicking Martin with his boot but not helping other deputies with the arrest.

Authorities later said they determined that a second man arrested, Christopher Cummings, had forced Martin at gunpoint to drive the car fleeing police while Cummings fired shots at officers’ vehicles.