West Memphis Police Department Officer Convicted of Criminal Civil Rights Violation

WASHINGTON—A federal jury convicted West Memphis, Arkasas Police Department (WMPD) Officer Scott McCall, 39, of West Memphis, Arkansas of one misdemeanor count of deprivation of rights under color of law.

According to the evidence presented at trial, on June 14, 2010, McCall, while in the lobby of the WMPD, choked an arrestee who was handcuffed behind his back. Two WMPD dispatchers physically removed McCall from the man he was choking.

“This officer pledged to protect and serve, not to abuse and victimize those who are in his custody,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to holding officers who engage in such conduct accountable.”

West Memphis Police Department Director of Internal Affairs Lester Ditto, 56, was also charged with three counts of witness tampering for his role in the same incident. Ditto is scheduled to go to trial later this year.

A misdemeanor count of deprivation of rights under color of law carries a possible punishment of up to one year in prison and a fine of up to $100,000.

The investigation was conducted by the FBI. The case was prosecuted by Department of Justice Civil Rights Division Trial Attorneys Chiraag Bains and Henry Leventis, and Assistant U.S. Attorney Julie Peters from the Eastern District of Arkansas.

Seventy Defendants in Helena-West Helena and Marianna Indicted in Operation Delta Blues

LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, along Valerie Parlave, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI); William J. Bryant, Assistant Special Agent in Charge of the Little Rock District Office of the Drug Enforcement Administration (DEA); Grover C. Crossland, Resident Agent in Charge of the Little Rock Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Christopher A. Henry, Special Agent in Charge of the Nashville Field Office of the Internal Revenue Service (IRS) Criminal Investigations Division; and Colonel JR Howard, Director of the Arkansas State Police (ASP), announced today that a federal grand jury returned seven indictments charging 70 individuals, including five law enforcement officers, in the Phillips and Lee County areas. The charges include public corruption, drug trafficking, money laundering, and firearms offenses. The indictments were handed down on Tuesday, October 4, 2011, and were unsealed today following a massive roundup of the charged defendants.

The charges stem from multiple Organized Crime and Drug Enforcement Task Force (OCDETF) investigations spanning more than a two-year period. The investigations, collectively referred to as “Operation Delta Blues,” primarily focused on public corruption and drug trafficking activities in the Helena-West Helena and Marianna, Arkansas areas. The United States Attorney’s Office utilized 16 court-authorized wiretaps over the course of Operation Delta Blues. Approximately 700 federal, state, and local law enforcement personnel from the FBI, DEA, IRS, ATF, ASP, Arkansas National Guard, and the Little Rock Police Department and West Memphis Police Department participated in the arrests today.

“Our commitment to eradicating drug trafficking and violent crime has never been stronger,” stated United States Attorney Christopher R. Thyer. “When these two elements are mixed with law enforcement corruption, it can make for the perfect storm in a community. It can paralyze honest law enforcement action, silence witnesses, and erode public confidence in our system of justice.” Thyer added, “These indictments and arrests signify a substantial development in what can only be classified as an ongoing investigation into public corruption, drug trafficking, and violent crime in the eastern part of our district.”

FBI Special Agent in Charge Parlave followed by saying, “I am confident that today’s takedown in Operation Delta Blues will send a clear message that we are committed to rooting out public corruption, disrupting violent gang activities, and dismantling illegal drug organizations. I am honored to work alongside the Arkansas State Police, ATF, DEA, and IRS, who pulled together in an unprecedented way to execute this operation today. Our investigation remains ongoing and I encourage anyone with information to call our public corruption hotline at 501-221-8200, or e-mail: Little.Rock@ic.fbi.gov.”

DEA Assistant Special Agent in Charge Bryant concurred, saying, “This type of investigation shows the great teamwork and commitment of the federal agencies—FBI, DEA, ATF, and IRS—and the Arkansas State Police in combating drug trafficking and public corruption in the State of Arkansas. All of these agencies combined their assets and resources to disrupt and dismantle these drug trafficking organizations and corrupt public officials.”

“Some of the best police work I’ve ever been a part of occurred when law enforcement agencies came together to share resources for a common good. As disappointing as it may be that public corruption of the worst kind was the target in this Operation, the public would expect nothing less of us than to ensure we worked together to eliminate the threat,” stated ASP Colonel Howard.

IRS Special Agent in Charge Henry added, “The role of IRS Criminal Investigations in narcotics investigations is to follow the money so we can financially disrupt and dismantle drug trafficking organizations. Working alongside our law enforcement partners, IRS-CI is proud to provide our financial expertise to help make our communities safer places to live.”

The defendants who were arrested today will appear before United States Magistrate Judge Joseph J. Volpe for Plea and Arraignment on October 13, 2011, beginning at 8:30 a.m. The cases are as follows:

■United States v. Trice, et al., Case No. 4:11CR209 JLH, pending before U.S. District Court Judge J. Leon Holmes.

■United States v. Colbert, et al., Case No. 4:11CR210 JMM, pending before U.S. District Court Judge James M. Moody.
■United States v. Turner, et al., Case No. 4:11CR211 JMM, pending before U.S. District Court Judge James M. Moody.
■United States v. Hughes, et al., Case No. 4:11CR212 JLH, pending before U.S. District Court Judge J. Leon Holmes.
■United States v. Eaton, Case No. 4:11CR213 JLH, pending before U.S. District Court Judge J. Leon Holmes.
■United States v. Rogers, et al., Case No. 4:11CR214 BSM, pending before U.S. District Court Judge Brian S. Miller.
■United States v. Wahls, Case No. 4:11CR215 BRW, pending before U.S. District Court Judge Bill Wilson.

The investigation was conducted by the United States Attorney’s Office, FBI, DEA, ATF, IRS-CID, and Arkansas State Police, with operational assistance from the Arkansas National Guard, the Little Rock Police Department, and the West Memphis Police Department. It is being prosecuted by Assistant United States Attorneys Julie Peters, Benecia B. Moore, and Michael Gordon.

An indictment contains only allegations. The defendants are presumed innocent unless and until proven guilty.

West Memphis Police Department Officer and Investigator Indicted for Civil Rights and Witness Tampering Violations

LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, and Valerie Parlave, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation, announced today that West Memphis Police Department Officer Scott McCall, age 39, of West Memphis, Arkansas, was indicted by a federal grand jury on one count of deprivation of rights under color of law, and West Memphis Police Department Director of Internal Affairs Lester Ditto, age 56, of Cordova, Tennessee, was indicted by a federal grand jury on three counts of witness tampering. The charges stem from the assault of a man in custody on June 14, 2010.

McCall and Ditto will appear before the Honorable United States Magistrate Judge H. David Young later this month for Plea and Arraignment.

Deprivation of rights under color of law, in violation of 18 U.S.C. § 242, carries a possible punishment of up to 10 years' imprisonment and a fine of up to $250,000. Witness tampering, in violation of 18 U.S.C. § 1512(b)(3), carries a possible punishment of up to 20 years' imprisonment and a fine of up to $250,000.

The investigation was conducted by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Julie Peters and Department of Justice Civil Rights Division Trial Attorney Henry Leventis.

An indictment contains only allegations. The defendants are presumed innocent unless and until proven guilty.