Arrest motivates man to work for sheriff's opponent

Friday, August 27, 2010
Edward "Blue John" Chevallier is motivated to use his political clout to oust the current county sheriff in the upcoming election because of his recent arrest, which he claims was unjustly brutal. Anna Mathews / Carroll County News

BERRYVILLE -- Eighty-one-year-old Edward "Blue John" Chevallier of Berryville was arrested Aug. 16 on multiple charges after county deputies responded to a complaint phoned in by one of his tenants.

Blue John, who manages 10 rental properties at his mobile home park, located along U.S. Hwy. 62 west of the Kings River Bridge, admits he had an encounter with a tenant but questions the actions that followed when lawmen arrived.

Also in question is the legality of that arrest, according to "Rules of Criminal Procedure," which outlines provisions for warrantless arrests.

He was charged with criminal trespass, harassment, disorderly conduct and refusal to submit to arrest.

Blue John claims he was pepper-sprayed and thrown to the ground, and one deputy stood with a foot on his head while the other handcuffed him.

He says the action took place after he was told he was being arrested, and he asked permission to put his dog in a pen before they handcuffed him and took him away.

The deputies have a different story, claiming Chevallier became agitated and raised his arm while holding scissors and did not comply with a deputy's command to put the scissors down.

"They sprayed me with that damn pepper spray, threw me on the ground, stood on top of my head, handcuffed and took me to jail," he claims.

Blue John said the arrest took place about 8 p.m. Monday night, Aug. 16, out at his garden spot on his property after he had an encounter with a tenant who had called the law once before. At that time, he was verbally told to stay away from the tenant.

The deputy's report says the complaining tenant phoned this time to say Blue John had taunted him and cussed him in the past trying to get him to fight and on this day Blue John was trying to get him to fight by calling him names.

Blue John claims he was sitting in a chair holding a pair of scissors he was using to cut tomato string when Corporal Joel Hand and Deputy Billy Floyd showed up Monday night.

He said Hand accused him of talking to the tenant after he had been told to stay away.

Blue John recalls challenging Hand by saying there was no court order in place to force him to stay away -- and Hand's response was to put him under arrest.

Blue John says he sustained injuries during his arrest, specifically when he was taken to the ground, and he had those injuries photographed the following day.

He said his jail time was minimal because a neighbor called former county sheriff Chuck Medford, a close friend, who had him released by 11 p.m.

Asked if he had ever been in trouble with the law before, Blue John responded, "as a youngster in Louisiana where I was a bad ass, but never here."

Blue John says he's lived in Arkansas since 1972, at his current home since 1983. He said Kevin Barrows did the dirt work at that time to prepare the land for a mobile home park. "It was a big job for him, one of his first," Blue John said of Barrows, who now operates a substantial enterprise.

Blue John said he has been to the county jail once before, with Medford who provided him with a private tour of the facility before it opened.

As for his future, Blue John grinned.

"This is the best thing to happen to me," he said. "I was bored. Now, I'm politically motivated. I have work every day to promote the sheriff's opponent in the upcoming election."

Blue John said he's having 1,000 copies of his arrest injury photos printed up to distribute at the county fair.

And, he now drives his pickup around town sporting a large sign promoting John Bailey for Sheriff, and parks it prominently at the Carroll County Senior Activity Center.

There, he said, he shares his arrest story with other seniors, and tells them he can't contribute $1,000 to the center again this year because his money has to go to legal fees instead.

He's retained the legal services of Fayetteville Attorney W.H. Taylor, Blue John said, who will reschedule his first court appearance date.

The Oct. 8 court date conflicts with a trip he has planned. Blue John said he's already put his money down and is looking forward to the trip.

It's an 11-day sightseeing bus trip, he said, that will take him from Branson to Maine, by way of Washington, D.C., New York City, and Niagara Falls.

"I've never been on a bus before," he grinned.

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  • Sounds like this Guy got mad because the good old boy system of yesteryears is gone. All that name dropping, who cares break the law go to jail. The mayor did not get special treatment. Way to go! You have my vote.

    -- Posted by jojo1 on Fri, Aug 27, 2010, at 12:58 PM
  • Based on what I am reading in this article - and this is all the information I have to go on.

    It is more than the man getting mad. It is about a warrantless arrest being made on a misdemeaor crime that did not occur in the officer's presence. With the exception of domestic violence cases, an arrest cannot be made without a warrant for a misdemeanor crime that did not happen in the officer's presence. The officer violated his civil rights.

    The sad truth is the sheriff's office is out of control. Which is no suprise, since it is run by a man who has never actually done this type of law enforcement.

    -- Posted by Pony69 on Fri, Aug 27, 2010, at 5:00 PM
  • "The sad truth is the sheriff's office is out of control. Which is no suprise, since it is run by a man who has never actually done this type of law enforcement."

    I should rephrase the above comment.

    The sad truth is the sheriff's office appears to be out of control. Which is no suprise, since it is run by a man who has never actually done this type of law enforcement.

    The sheriff's office has some very good deputies, but also a few who need a firm hand.

    -- Posted by Pony69 on Fri, Aug 27, 2010, at 5:05 PM
  • sounds to me like he is a grouchy old s.o.b. who thinks the law doesnt apply to him. it's real easy to take your story to the paper...a paper that does not like the sheriff's office. the deputies dont have the luxury of posting their story on here...they do it in court where it belongs.

    medford was and remains a power hungry doofus...baily can't control his own department....and this old cuss....wow....have fun gramps...WANNA FIGHT?

    -- Posted by homeless on Mon, Aug 30, 2010, at 2:18 PM
  • My parent's lived for years on this man's property and never once did they have a problem with him. As a matter of fact, he most likely saved my father's life more than once by being a good neighbor! I have certainly never known Mr Chevallier to be violent in any way to anyone at any time. My parent's had the highest regard for this man and in my book that makes him the perfect model citizen or at the very least, a real decent human being. Too bad there aren't more of his kind in this world!

    -- Posted by tre1104 on Thu, Sep 2, 2010, at 4:17 PM
  • As everyone can clearly see this is a politically motivated story, and clearly bias on part of the so called reporter.. Part of the good old boy...Bailey...Medford..Phillips..Democratic machine.. Citing Medford who is one of the most immoral people in the county is beyond belief. As for the arrest..He committed several offenses that were supported by a witness and also in the presence of officers..Disorderly conduct and refusal to submit to arrest allow the officers to make a warrant-less arrest..and the other charges can and are supported by a probable cause affidavit..which happen all the time with Criminal Trespass and Harassment charges..arrest can be made and supported within a certain time frame..As any who reads the following can see..Rule 4.1. Authority to arrest without warrant.

    (a) A law enforcement officer may arrest a person without a warrant if:

    (i) the officer has reasonable cause to believe that such person has committed a felony;

    (ii) the officer has reasonable cause to believe that such person has committed a traffic offense involving:

    (A) death or physical injury to a person; or

    (B) damage to property; or

    (C) driving a vehicle while under the influence of any intoxicating liquor or drug;

    (iii) the officer has reasonable cause to believe that such person has committed any violation of law in the officer's presence;

    (iv) the officer has reasonable cause to believe that such person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined by law against a family or household member and which occurred within four (4) hours preceding the arrest if no physical injury was involved or 12 (twelve) hours preceding the arrest if physical injury, as defined in Ark. Code Ann. 5-1-102, was involved;

    (v) the officer is otherwise authorized by law.

    (b) A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a felony.

    (c) An arrest shall not be deemed to have been made on insufficient cause hereunder solely on the ground that the officer or private citizen is unable to determine the particular offense which may have been committed.

    (d) A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause.

    (e) A person arrested without a warrant shall not be held in custody unless a judicial officer determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense. Such reasonable cause determination shall be made promptly, but in no event longer than forty-eight (48) hours from the time of arrest, unless the prosecuting attorney demonstrates that a bona fide emergency or other extraordinary circumstance justifies a delay longer than forty-eight (48) hours. Such reasonable cause determination may be made at the first appearance of the arrested person pursuant to Rule 8.1.

    -- Posted by artorius on Thu, Sep 2, 2010, at 6:29 PM
  • Read the charges...which he clearly violated and admitted to even in this article.......

    5-39-203. Criminal trespass.

    (a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:

    (1) A vehicle; or

    (2) The premises of another person.

    (b) Criminal trespass is a:

    (1) Class B misdemeanor if the vehicle or premises involved is an occupiable structure; or

    (2) Class C misdemeanor if otherwise committed.

    5-71-208. Harassment.

    (a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:

    (1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;

    (2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;

    (3) Follows a person in or about a public place;

    (4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;

    (5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or

    (6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.

    (b) Harassment is a Class A misdemeanor.

    (c) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.

    (d) (1) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

    (2) This no contact order remains in effect during the pendency of any appeal of a conviction under this section.

    (3) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.

    (e) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with 5-2-305.

    5-71-207. Disorderly conduct.

    (a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she:

    (1) Engages in fighting or in violent, threatening, or tumultuous behavior;

    (2) Makes unreasonable or excessive noise;

    (3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;

    (4) Disrupts or disturbs any lawful assembly or meeting of persons;

    (5) Obstructs vehicular or pedestrian traffic;

    (6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;

    (7) Creates a hazardous or physically offensive condition;

    (8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or

    (9) In a public place, exposes his or her private parts.

    (b) Disorderly conduct is a Class C misdemeanor.

    5-54-103. Resisting arrest -- Refusal to submit to arrest.

    (a) (1) A person commits the offense of resisting arrest if he or she knowingly resists a person known by him or her to be a law enforcement officer effecting an arrest.

    (2) As used in this subsection, "resists" means using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person.

    (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority.

    (4) Resisting arrest is a Class A misdemeanor.

    (b) (1) A person commits the offense of refusal to submit to arrest if he or she knowingly refuses to submit to arrest by a person known by him or her to be a law enforcement officer effecting an arrest.

    (2) As used in this subsection, "refuses" means active or passive refusal.

    (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the the arrest if the law enforcement officer was acting under color of his or her official authority.

    (4) Refusal to submit to arrest is a Class B misdemeanor.

    -- Posted by artorius on Thu, Sep 2, 2010, at 6:32 PM
  • Good grief, you can tell it is election year!!! Hey old man, maybe you should comply with the police and you wouldn't get sprayed. It's funny how nowadays no one is responsible for their own actions or the consequences of them. I support this administraion 100%. Chuck Medford and John Bailey go hand in hand (DIRTY) -my whole family will be voting for Grudek. By the way, have fun on your vacation Blue John, maybe you'll get left somewhere.

    -- Posted by LeoMom08 on Sat, Sep 4, 2010, at 4:11 PM
  • blue john isnt the only one in trouble over this. looks like someone from the green forest p.d. broke the law and gave him the printout shown in his picture here.

    the state of arkansas already knows who gave him the printout, which by the way, is against the law to do. and yes...bailey and one of his officers are under investigation.

    and he wants to be sheriff? wow

    -- Posted by homeless on Tue, Sep 7, 2010, at 11:38 AM
  • Go blue john....its understandable that u all have the debate about politics...but joel hand should be removed from its position cause he is a dirty sherriff...almost two years ago he arrested me caused he said I was intoxicated he search my vehicle didn't find anything search me twice and didn't have anything...well he was being very rude and disrespecfull to me....he told me he pulld me over because I had a new truck that as a matter of fact I had purchased one day before and didn't had tags on it...well he run my name check the truck papers all was ok...dispatcher told him that I was clean wich I was never been in trouble beforeand I know this cause I was listening to the policce scanner on my I phone. instead of let me go he came back

    -- Posted by sanpedrito11103086 on Tue, Oct 30, 2012, at 6:57 AM
  • Ask me to search my truck for drugs or weapons and my biggest mistake I allewed him to do it could find anything he did a sovrieri test wich I passed and he kept pushin sayin that I was drunk cause my eyes were red..I try to explain to officer that I work at tyson clean up and on weekends we use clorine what caused me allergies and red eyes...he noticed I had some cash money and kept assking now about drugs...then took me to jail cause my red eyesafter he search me for a third time ...well mister after that my life and plans I had ended right there, cause they put some charges for drugs that were probably his....he lied on the report and said that I told him I been using drugs{ methanfethaminas}since I was 14. Sr for your information the state I lived in mexico. The mafia don't allow anyone to sell meth...and even if I was u would be the last person I will tell it...sr..and of course some of the money I had came up...missing....had 6500 he only reported3600 that later onthe county kept because they said it was drugs money.. a check that I could never get back..well my red eyes an his lies were expensive to me end up losing all I had my truck and later on lost my family too cause I was deported to mexico while he was expending the money I had with his girlfriend probably.and all this bull **** because he thought I was drunk..

    -- Posted by sanpedrito11103086 on Tue, Oct 30, 2012, at 7:30 AM
  • He thinks he is the mean machine and he does whatever he wants too...I'm so glad someone not afraid of him has put him back in place. I really hope you mr. Joel hand loose because u don't deserve to wear that uniform...there is a lot of people in carroll county that he has done wrong.....questions anyone I can prove what I'm saying cash money and everything had proper documents for it he didn't care....as...s. almost two years later I haventh been able to have an stable situation cause I lost it all cause of you mr..that includes my 3 year old boy that I love with all my heart....and all of that cause you didn't have the proper training mr joel hand..lost what I work for 7 years just cause u are a racist *** that thinks he is a cowboy

    -- Posted by sanpedrito11103086 on Tue, Oct 30, 2012, at 7:45 AM
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