LITTLE ROCK—Cody Hiland, United States Attorney for the
Eastern District of Arkansas, Acting Assistant Attorney General John Gore of
the Justice Department’s Civil Rights Division, and Diane Upchurch, Special
Agent in Charge of the Little Rock Field Office of the FBI, announced that
former White River Juvenile Detention Center officer Jason Benton, 43, of
Batesville, pleaded guilty today in federal court to using pepper spray to
assault a 15-year-old boy, and for obstructing justice by falsifying an
incident report about that assault.
A federal grand jury indicted Benton on May 5, 2017, on five
counts related to violations of civil rights at the detention center. On
Wednesday, before Senior U.S. District Judge Billy Roy Wilson, Benton pleaded
guilty to deprivation of rights under color of law and falsification of
records. The White River Juvenile Detention Center is located in Batesville,
Arkansas.
“When law enforcement officers violate the law and the
public trust, they will be prosecuted and held accountable,” Hiland said.
“There will be no exception. This officer broke his oath to uphold the
Constitution, injured a juvenile in the process, and then tried to cover it up.
That is a crime, and those who commit crimes will be punished accordingly.”
“The Constitution protects all individuals – including those
who are incarcerated – from unjustified force by those acting under color of
law,” said Acting Assistant Attorney General John Gore of the Civil Rights
Division. “We will vigorously investigate and prosecute officers who break the
public trust in this way.”
According to the guilty plea, Benton instructed the
juvenile, who was locked in his cell, to be quiet. Benton then had the
juvenile’s cell door opened and ordered the juvenile to come out of his cell
with his mattress. The juvenile picked up his mattress as instructed. As the
juvenile turned to face the cell door, holding the mattress in both arms,
Benton pepper sprayed the juvenile in the face from a distance of a few inches.
Benton continued spraying the juvenile as he tried to turn his head away from
the spray. Benton then took the juvenile to the ground. Benton covered up the
assault when he falsified an incident report, saying that the juvenile had
attempted to lunge at him with his fists clenched, when in fact the juvenile
had posed no physical threat.
“Law enforcement officers are the cornerstone of our system
of justice,” FBI Special Agent in Charge Upchurch said. “Benton failed as a law
enforcement officer when he used excessive force and then tried to cover-up the
assault. We appreciate the steadfast efforts made by the United States
Attorney’s Office and the Department of Justice Civil Rights Division in
effectively prosecuting this case.”
Benton is the third former officer to plead guilty to
charges stemming from assaults on juvenile detainees at the White River
Juvenile Detention Center. On April 26, 2017, former White River supervisors
Captain Peggy Kendrick, 44, and Lieutenant Dennis Fuller, 40, pleaded guilty to
conspiring to assault juvenile detainees. Kendrick also pleaded guilty to
assaulting a 16-year-old girl using pepper spray and for obstructing justice.
Kendrick and Fuller await sentencing. Two other former White River Juvenile Detention
Center officers, Will Ray, 26, and Thomas Farris, 48, are scheduled to begin
trial on August 28, 2018, before Judge Wilson in Little Rock on related charges
of conspiring to assault and assaulting juveniles.
The maximum potential penalty for a violation of 18 U.S.C. §
242 (Deprivation of Rights Under Color of Law) is 10 years’ imprisonment, three
years of supervised release, and a $250,000 fine. The maximum potential penalty
for a violation of 18 U.S.C. § 1519 (Falsification of Records in Federal Investigations)
is 20 years’ imprisonment, three years of supervised release, and a $250,000
fine.
Benton will be sentenced by Judge Wilson at a later date.
This case is being investigated by the FBI’s Little Rock
Field Division and the investigation is ongoing. It is being prosecuted by
Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas and
Trial Attorney Samantha Trepel of the Civil Rights Division.
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