Special Perks for Newton County Law Enforcement

Constable gives up guns; Evans arraigned for rape, burglary
Published: Sunday, November 2, 2008 6:06 AM

The Batavia constable accused of raping a 26-year-old woman in that area was arraigned Friday in Boone County Circuit Court.

Don Evans, 42, the constable at Batavia, was arrested Friday, Oct. 10. He originally faced charges of kidnapping and rape, but when he was arraigned he was officially charged with rape and residential burglary, records show. According to the arrest affidavit in the case, the victim, who is not named in court papers, said Evans came to her house Wednesday, Oct. 8, to do some work on her computer. She told police that she and Evans were friends, but that was the extent of their relationship. The affidavit said Evans had asked the victim a few days earlier if she wanted to be more than friends and she had declined. On Oct. 8, Evans did some work on the computer and then had the victim sit in front of the machine and do more work so she would know what to do in the future, the affidavit said.

The affidavit also said that Evans began to fondle the victim. She maintains that all actions that night, which included sexual intercourse, were against her will and that she repeatedly told Evans she was not comfortable with what was happening. She said that when Evans arrived, he was wearing a T-shirt, denim shorts and his gun belt. When he began to work on the computer, he removed the gun and placed it on a table. During the events, the victim told police, she was “frozen in fear” because of the gun on the table and thinking she might have to fight Evans. In an interview with investigators, Evans said he would never admit that the victim ever said she didn’t want to have intercourse, maintaining the act was consensual, the affidavit said.

Batavia constable had Newton County ticket book, police say
Published: Wednesday, October 15, 2008 12:03 PM

JASPER — Newton County Sheriff Keith Slape said his department is looking into how a Boone County constable was in possession of a Newton County citation book when he was arrested last weekend. Slape said he was informed that Batavia Constable Don Evans, 41, had a Newton County citation book when he was arrested on suspicion of rape and kidnapping.

He said an officer must sign for a ticket book when it is issued. Each citation is numbered, so he said they are looking into who signed for the book. He said they suspect it was a former deputy who has since been terminated, stressing that no current deputies were responsible for the book in question. “I guarantee I’m not happy about it,” Slape said. Currently, Slape said they are looking into Arkansas law to determine what laws, if any, have been broken with the transmission of the book to a constable in another county.

“We’ll take care of it from there,” Slape said. “There will be charges on my end.” Evans was still being held in the Boone County Jail this morning, records show. Officials said he made a first appearance in court Monday, but his bond was left at $250,000.

Slape goes back on his words, won't prosecute!
Published: Friday, October 24, 2008 12:51 PM

.... Another allegation against Evans is that he was in possession of a Newton County citation book when he was arrested. According to a report obtained from the Newton County Sheriff’s Office under the Freedom of Information Act, the book in question was actually a warning book with the Newton department’s name printed on it. The report said the ticket book was numbered and had been assigned to former Newton County Deputy Don Harlan, who is now employed with the Carroll County Sheriff’s Office. The report said Newton County Capt. Joe Barbalace interviewed Evans at the Boone County Jail. Evans told Barbalace that while he was employed with the Carroll County Sheriff’s Department as a jailer, he told Harlan he was interested in getting a ticket book. Harlan gave him a ticket book he had left over, but Evans said he didn’t look at it and didn’t know it belonged to Newton County, the report said. Evans also said he had gotten two other ticket books, which were in his possession when he was arrested, from another employee at the Carroll County department identified only by the name “Isaac,” the report said. That information was passed along to the Carroll County department. Barbalace also interviewed Harlan, who admitted giving Evans the book. However, he said he told Evans that he couldn’t write any tickets out of the book and could only use it as a pattern to have his own ticket book printed. Harlan told Barbalace it was poor judgment to have given Evans the book, but he said he forgot to turn the book back into the Newton County department when his employment was terminated. In the report, Barbalace said that after consulting with deputy prosecutor Bradford about the case, no charges would be filed and the case would be closed.