Prosecutor taking a closer look at Jericho ‘speed trap’

Prosecutor taking a closer look at Jericho ‘speed trap’

Ellington launching investigation into town’s ticketing spree

news@theeveningtimes.com

Jericho is facing a state investigation to determine whether it is operating a speed trap.

Scott Ellington, 2nd Judicial District Prosecuting Attorney, said that his office has opened a formal investigation into the city’s practice of citing motorists for speeding through the city.

“Those allegations have been brought to my attention and we are looking in to it,” Ellington said. “I have made some calls. But at this point it is too premature for me to say anything else.”

An investigation by The Times found that from Jan.

1, 2015 to Jan. 1 2017, Jericho issued 1,187 speeding tickets. The city of 184 residents collected $179,771 and kept $89,885 in revenue.

Crittenden County Sheriff Mike Allen described Jericho as the biggest speed trap in the county, and has warned the city on multiple occasions to stop.

After The Times story appeared, Allen sent Ellington a formal letter asking that Arkansas State Police be brought in to investigate Jericho for violating the state’s speed trap law.

“When I saw those numbers, I feel that is excessive,” Allen said.

According to Arkansas Code 12-8-402 through 404, a city is considered a speed trap if its revenue from traffic fines on the state highway exceeds 30 percent of the town’s total expenses, or if more than 50 percent of local misdemeanor tickets issued on a state highway are for people driving 10 mph or less than the posted speed limit.

A prosecuting attorney in Faulkner County recently found that Damascus, which is located about 20 miles north of Conway, was a speed trap and ordered its police department to stop patrolling U.S. 65.

Hwy. 65 is a major route for travel between Branson, Mo., Conway, and Greers Ferry.

According to the prosecutor, the Damascus police department had improperly abused its police power by writing tickets for the sole purpose of raising revenue for the city of 385 residents and not for public safety.

The speed limit drops from 55 miles per hour on Hwy. 77 to 45 miles per hour at the city limits.

Jericho Police Chief Roy Hill told Memphis TV station WREG that speeding is a problem through Jericho and said Allen is targeting his department solely because of race.

“I’m tired of being a small black town and being picked on,” Hill said.

“That’s all it is.”

Hill told WREG that his police officers are fair and do everything by the book, and that all of his officers are radar certified.

“There is a (speeding) problem,” Hill said. “To sandblast these towns, shame on y’all.”

Hill admitted in the same interview, however, that Jericho has roads that need to be paved which is what the town uses the revenue for.

Allen pointed out Jericho has six or seven officers who do nothing but traffic enforcement.

His office got a call this week from a truck driver who was stopped in Jericho and given a ticket for going 15 miles per hour over the posted speed limit.

The man claims he told the police officer that his truck wasn’t capable of doing such a speed. The offense carried a $900 fine. Cities who issue speeding or inattentive driving citations get to keep the revenue if the offender doesn’t contest it and chooses to pay it because it is a municipal offense. Offenders are given the choice of paying the fine and keeping the moving violation off their driving record, or a chance to fight it in court. Otherwise, the city must remit a portion of the fine to the state. County Judge Woody Wheeless told

The Times in its investigation that he was pulled over in Jericho for speeding. Wheeless, however, claims the officer clocked him while he was

still on the state highway before he got to Jericho.

Wheeless said he saw the officer and slowed down before getting to Jericho.

Hill disputed that claim and told WREG that his officers position themselves in the middle of town.

County Prosecutor Boone Nance said a prosecutor in his office was also made aware of the complaint against Jericho being a speed trap, but that it is up to Ellington to investigate and not his office.

“One of my deputy prosecutors has gotten involved and contacted Scott Ellington,” Nance said. “They are proceeding with whatever they need to do.”

By Mark Randall