Guide banned from river for fatal fall

A Bentonville man was banned from the Buffalo National River for two years on Tuesday for leading a hike on May 7 in which a Springfield, Mo., man fell to his death.

Jeffrey Johnson didn’t have a permit to operate a business in the national park and he solicited money for his services, federal Magistrate Judge Mark E. Ford ruled after a bench trial in Harrison in December.

During the trial, a park ranger described the hike along Indian Creek Trail as very difficult, with narrow trails along a bluff and a rope climb along the way. He said Brad Lee Thomas, 46, of Springfield, fell about 20 feet from a rock ledge into a pool of water along Indian Creek.

On Tuesday, besides banning Johnson from the park, Ford also sentenced him to two years’ probation and ordered him to pay $600 in fines, said his attorney, Chris Flanagin of Eureka Springs.

“Jeff just wanted to share his love of hiking with others, and it is a tragic case,” said Flanagin. “Other hiking and outdoor clubs need to know that a voluntary fee or contribution can be considered a business activity if their activities are conducted in national park or national river boundaries.”

In the trial, Ford found Johnson guilty of violating two sections of the Code of Federal Regulations: 36 CFR 5.3, engaging in or soliciting business in park areas without a permit; and 36 CFR 2.37, illegally soliciting money, goods or services.

Johnson didn’t testify during the trial. Based on other testimony, he led a group of 31 hikers along Indian Creek Trail heading to a

rock formation known as Eye of the Needle. Indian Creek Trail isn’t an official park trail, according to court testimony.

In a telephone interview with investigators, the audio of which was played in court, Johnson said he advertised the hike on Facebook and too many people showed up wanting to go. Johnson said he normally limits the number to about 15, but Facebook didn’t give him the option to limit the size as a website he previously used allowed him to do.

Johnson became emotional and wept during the telephone interview when he spoke of the hiker who died.

“I wish he had listened to me about how important it was [to stick together] and how dangerous it was,” Johnson could be heard saying on the recording.

Thomas and at least one other hiker decided to turn back during the hike, unbeknownst

to Johnson, and Thomas fell to his death.

During the trial, Daniel Romes, a park ranger who worked at the Buffalo National River in May, said a woman suffered a leg injury on May 1 while hiking with another group led by Johnson in the same area.

“I told him to please stop hiking in that area,” testified Romes.

Romes testified that the park began issuing permits for large group hikes after the May incident. Before that, Johnson’s hike wouldn’t have been permitted, he said.

Flanagin argued that his client took no payment for leading hikes in the national park, so he wasn’t operating a business there.

But Devon Still, representing the government, produced documents from the internet indicating Johnson sought a $20 annual fee for membership in his hiking group: Arkansas Nature Lovers Group. Some people paid Johnson in the national park, according to court testimony.