Former state trooper placed on probation
Posted on Friday, August 15, 2008
BENTONVILLE - A former Arkansas State Police trooper was placed on three years of probation after pleading guilty Thursday to misdemeanor and felony charges.
Brian Garrett, 38, of Greenbrier, was charged with aggravated assault, two counts of battery in the second degree and misuse of the Arkansas Crime Information Center, all class D felonies; and three counts of endangering the welfare of a minor in the second degree, a class A misdemeanor. He pleaded guilty under an agreement attorney Drew Miller reached with Deputy Prosecutor Stephanie McLemore.
In exchange for Garrett's guilty plea, McLemore agreed to drop the misdemeanor charges, the aggravated-assault charge and one count of battery. She agreed to reduce the remaining battery offense to a misdemeanor.
Garrett pleaded guilty to battery in the third degree, a class A misdemeanor, and to misuse of the ACIC.
Garrett, a trooper assigned to the governor's mansion, was placed on administrative leave after his wife filed for an order of protection on Dec. 11, 2007. The order of protection was later dismissed, but Garrett is no longer employed with the State Police.
He was terminated from service with the State Police on April 21, 2008, and currently has an appeal pending before the Arkansas State Police Commission, according to Bill Sadler, a spokesman for the State Police.
Mandi Garrett of Bella Vista claimed in court documents that her husband had physically abused her. She also levied an allegation that he had been abusive toward her children. Garrett was accused of threatening his wife by placing the muzzle of his duty pistol against her face.
According to a probable cause affidavit completed by Mark Kugler, a detective with the Bella Vista Police Department, Mandi Garrett told police that on Nov. 15, 2007, her husband had been drinking beer and taking prescription medication. When he started to leave home, she told him he shouldn't drive and asked why he had his gun and badge, the affidavit states. Mandi Garrett claims her husband placed the muzzle of the gun against the left side of her face and replied," Just in case I need it."
McLemore told Circuit Judge David Clinger that Mandi Garrett, a victim in the assault case, was not cooperating with prosecutors, and she had filed an affidavit stating her choice not to proceed with the case.
The misdemeanor battery case concerns Garrett's 3-year-old stepson. A daycare provider found bruises on the child's lower back and buttocks and reported the bruises to the Arkansas Department of Human Services.
McLemore said Garrett misused the ACIC by plotting the history of his wife's former husband.
Circuit Judge David Clinger accepted the plea agreement and Garrett's guilty plea.
Garrett was given one year of state-supervised probation for the misdemeanor and three years of state-supervised probation for the felony. The probation comes with Act 346, which means Garrett's record maybe expunged if he successfully completes probation.
Garrett must pay $ 1, 420 in court-associated costs. He also must be screened at Ozark Guidance or a similar facility for substance abuse, and he must take a parenting class.
He was given the choice of 14 days in jail or 30 days in the county's work program. Garrett chose the 14 days in jail. Miller is checking to see if Garrett can serve the time in the Miller County Jail in southwest Arkansas.
FEEDBACK:
Something to say about this topic? Submit a Letter to the Editor online
