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To: Sheriff Shawn Holloway

Chief Deputy Meyer Gilbert

From: Major Kenneth Paul

Date: 17 July 2019

Reference: Internal Affairs Investigation #_______________

On Monday, July 15, 2019, I Major Kenneth Paul, attended a meeting with Chief Deputy Meyer Gilbert, Professional Standards Lieutenant Joe Adams, and XXXXX. XXXX reached out to Lt. Adams and requested the meeting pertaining to a complaint that was filed on XXXX, relating to XXXX employment as a XXXX, by XXXX, the XXXX for the Benton County Sheriff’s Office. XXXX also informed Lt. Adams XXXX had information pertaining to unethical behavior from when XXXX was an employee with the Benton County Sheriff’s Office.

ALL INTERVIEWS WERE RECORDED

The interview summarized:

We met with XXXX at approximately 10:00am and XXXX began by saying XXXX retained an attorney on XXXX behalf, and XXXX hoped to deal with the complaint with us, without using the attorney. XXXX stated XXXX feels XXXX has been targeting XXXX since XXXX left the Benton County Sheriff’s Office as an employee, and that XXXX has made it personal with XXXX. XXXX stated one of the issues XXXX alleged was an incident that involved an inmate releasing personal property to XXXX, which included money from her commissary account, then providing a portion of the money to the inmate’s family. XXXX stated other XXXX have done the same thing, and provided one or two examples.

After discussing the complaint, XXXX stated XXXX wanted to discuss an issue that occurred around February of 2017, which involved XXXX having a meeting with XXXX at an offsite location, pertaining to inappropriate behavior by Lt. McElroy, and other issues pertaining to employees assigned to the detention division. XXXX stated several employees, including Lt. McElroy, went to training in Virginia in 2016, and while there, Lt. McElroy had messaged and obtained several nude images of another deputy’s wife. XXXX stated the images were shown around between the employees on the trip, and once the employees came back at work, XXXX found out per conversations with them. XXXX referred to the group as the “Wolf Pack”, which XXXX stated was what they referred to themselves as.

XXXX further stated Lt. McElroy had messaged several female employees within the detention facility and carried on inappropriate conversations with them during that time. XXXX provided the names of several employees who had knowledge of the inappropriate conversations (and were recipients of them, or other actions), which included Deputies XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX; along with XXXX. XXXX stated the inappropriate conversations have spanned over several years, and have even been as recent as 2019.

XXXX also informed us of conversations that had taken place between Lt. McElroy and XXXX when XXXX was a shift sergeant, as well as XXXX from the detention facility. XXXX stated Lt. McElroy approached both of them asking to find a reason to “get rid” of deputy XXXX due to XXXX getting him demoted over an internal investigation year back, which involved Lt. McElroy having an inappropriate relationship/conversation with Deputy XXXX. XXXX stated XXXX told Lt. McElroy no, which put XXXX on Lt. McElroy’s bad side.

XXXX informed us of other situations where XXXX stated Lt. McElroy showed co-workers pornography while on duty, which was on his county phone. XXXX described one video as a nude female in a bathtub masturbating.

XXXX stated another person who had been messaged by Lt. McElroy was XXXX, one of the XXXX. XXXX stated XXXX has previously talked to XXXX about receiving the messages, but that XXXX blew them off and was not planning on telling anyone.

XXXX stated around February 24, 2017, XXXX reached out to XXXX and asked XXXX for a meeting offsite to ensure Lt. McElroy would not find out. XXXX stated XXXX met XXXX at Zaxby’s in Bentonville, and informed XXXX of all the inappropriate behavior XXXX had knowledge of, including the photographs Lt. McElroy had obtained of the deputy’s spouse while in Virginia. XXXX stated after the conversation, XXXX asked XXXX what XXXX wanted to do, and XXXX stated for the issue to be handled. XXXX stated a short time after the conversation XXXX was approached by Lt. McElroy, who informed XXXX XXXX had talked to him, and only asked “why didn’t you show me the pics?” XXXX stated Lt. McElroy did not received any disciplinary action for his inappropriate behavior, and from that point forward the employees knew Lt. McElroy was untouchable, and nothing could be done.

XXXX provided a screen shot of a text message between XXXX and XXXX which will be maintained within this case file. The message to XXXX from XXXX is dated 02/25/2017, and time stamped 8:38pm. the message stated “Hey just wanted you to know I had that conversation with the person we spoke about. Should not happen anymore.” On 02/26/2017, at 1:03am, XXXX responded “Yes I know. XXXX already told me everything you guys talked about. I appreciate you talking to him but since you told him everything I said and that it came from me I can’t help but feel like I’m on the chopping block now. McElroy told me everything is good but based on how he is

With XXXX I just don’t know.”

XXXX stated XXXX knew it would not be long before XXXX would be targeted by Lt. McElroy, so XXXX began looking for another career path within the Sheriff’s Office to get away from him. In 2017 XXXX XXXXXXX, and began working XXXX.

*It should be noted there was no further conversations from XXXX to any other member of the command staff pertaining to why XXXX XXXX.

XXXX provided another screen shot of a text message between employees who were discussing inappropriate actions by Lt. McElroy, which included conversations between Deputies XXXX and XXXX. This photograph will also be maintained within the internal casefile, and will be discussed later within this report.

XXXX provided another screen shot of a text conversation between XXXX and a XXXX XXXX XXXX on either July 1 or 2 of 2019. XXXX stated the XXXX told XXXX when the deputy pulled XXXX out of the housing facility, he talked badly about XXXX. XXXX stated XXXX did not know who the deputy was, only that he was wearing a black uniform. The XXXX texted XXXX the following: “He was shitty about it but he was actually walking by me in booking and said if u were XXXX and I said yes and he was smart assy and said good luck with that and that was bout it I really don’t remember exactly what he said he did say well you won’t ever be working for Benton county again and that u should’ve been gone a long time ago shouldn’t had let a XXXX XXXX anyways said it worse than that but I don’t wanna write that to u I’ll call you n bit and tell u hun.”

XXXX stated once again XXXX didn’t know who the deputy was, but that XXXX wouldn’t know them, and that employees in the detention facility must still be talking about XXXX for employees to know who XXXX is. XXXX stated this was another reason why XXXX felt it was personal between XXXX and XXXX livelihood. XXXX stated XXXX still talked to XXXX, and that XXXX told XXXX XXXX has asked XXXX to back off of XXXX, and even recalled times when other XXXX had money released to them, and the money was given to family members of the inmates. XXXX stated XXXX had also asked XXXX to back off of XXXX. XXXX stated XXXX informed XXXX that Lt. McElroy stated he was “trying to build a case against XXXX.” XXXX stated this was the same type of behavior Lt. McElroy showed towards Deputy XXXX, trying to get people to help ruin XXXX career.

After gathering all of the information from XXXX, Chief Deputy Meyer Gilbert approved an internal investigation to be opened. Lt. Adams and I were assigned to work the investigation, and immediately began calling employees XXXX listed.

The interviews summarized:

The first interview was with Deputy XXXX, who is currently assigned to the XXXX. The interview began at approximately 11:24am, and XXXX was read a Garrity notice.

I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy, and XXXX smiled saying XXXX was glad something was finally being done. XXXX stated XXXX worked with Lt. McElroy for 5 or 6 years, and he would text XXXX saying what a nice couple they would make, and that he struggles with his wife. XXXX stated XXXX had received a message from Lt. McElroy as recently as May of 2019, in which he stated “within 10 years they should get married.” XXXX stated there were several messages from Lt. McElroy to XXXX, but that he never requested a nude picture of XXXX, that he knew better. XXXX stated McElroy would tell XXXX he wanted to be more than friends on several occasions. XXXX stated McElroy would also tell XXXX the following day that he was sorry, that he was very drunk the night before and didn’t remember sending he messages. XXXX stated that was a very common theme for McElroy.

XXXX stated the last time Lt. McElroy messaged XXXX (2019) XXXX responded by asked him how his wife was, and the messages stopped.

XXXX stated while working in the detention facility XXXX knew that XXXX was going to approach XXXX with all of the inappropriate behavior by Lt McElroy, and that XXXX knows nothing happened when XXXX was told. XXXX stated it was the “boys club, and the good-old boy system. XXXX stated XXXX was told by XXXX that McElroy had solicited nude pictures from XXXX, but that XXXX did not have first-hand knowledge of that.

XXXX stated XXXX felt sorry for XXXX having to work with Lt. McElroy on a daily basis, that Lt. McElroy had grabbed XXXX “butt” at the 2018 Christmas party. XXXX stated McElroy told XXXX XXXX was trying to sleep with him, but Lt. McElroy was once again extremely intoxicated. XXXX stated McElroy was “rogue”, does whatever he wants, and has done so since at least 2012. XXXX completed the interview by saying Lt. McElroy’s behavior is disgusting, and that when nothing happened to him by XXXX “everyone (the females) accepted it” since they knew nothing was going to happen to him.

The next interview was with XXXX. The interview summarized:

XXXX was interviewed on July 15, 2019, at approximately 11:41am. XXXX was read a Garrity Notice, and stated XXXX understood all parts of it.

I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy. XXXX stated XXXX never directly heard McElroy talk inappropriately to females, but comments were made by Lt. McElroy about employees, referring to females working in the detention facility.

XXXX was asked what XXXX knew about the complaint filed against XXXX by XXXX. XXXX stated XXXX found it odd XXXX was making such a big deal about XXXX, when other XXXX have done the same thing. XXXX stated XXXX personally heard XXXX state it was personal between XXXX and XXXX.

XXXX stated XXXX believed XXXX investigation into XXXX started by someone (XXXX or XXXX) showing messages from XXXX to inmates, to XXXX. XXXX stated XXXX made it XXXX #1 priority every morning to listen to XXXX phone calls, and to read XXXX messages to inmates. XXXX stated XXXX also monitored XXXX (XXXX) messages and calls as well.

I asked XXXX about the property release procedure for inmates, and XXXX stated XXXX wasn’t sure, that XXXX did not deal with that. XXXX stated from what XXXX was told, other XXXX have done the same thing XXXX had, but nothing was pursued.

I verified once again that XXXX had never heard Lt. McElroy make inappropriate comments to female employees, and XXXX stated no.

I lastly asked XXXX what XXXX impression was of XXXX XXXXXX. XXXX stated employees do not have confidence in the XXXX ability due to the XXXX not handling business.

The next interview was with XXXX. The interview took place on July 15, 2019, at approximately 12:54pm.

XXXX was read a Garrity Notice, and stated XXXX understood all parts of it. I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy, and asked XXXX to speak with me about what information XXXX knew.

XXXX stated XXXX knew there was a lot of communication from McElroy to XXXX, which went years back. XXXX also stated XXXX knew McElroy was talking to a detention facility employees’ wife (her name will be excluded from this report), and that XXXX talked to her for a while. XXXX stated XXXX saw the images Lt. McElroy received, and that XXXX was in Virginia with the group as McElroy was talking to the female on the phone. XXXX stated several employees knew McElroy was talking to the other employee’s wife.

XXXX stated XXXX also knew Lt. McElroy was communicating with XXXX a while back, and that XXXX had called McElroy’s spouse and got him in trouble.

XXXX stated XXXX did not know or remember any conversation between XXXX and XXXX. XXXX stated McElroy did not like XXXX, but that XXXX never heard McElroy say he held a grudge. XXXX stated XXXX knew XXXX was dealing with an issue with XXXX regarding releasing money to people, and that XXXX heard XXXX say it was personal.

XXXX finished the interview by saying McElroy was not faithful to his wife, but could not provide any further details that would help with the inquiry.

The next interview was with XXXX, an ex-employee of the Sheriff’s Office. The interview was on July 15, 2019, and started at approximately 1:32pm.

I explained to XXXX that we were conducting an internal investigation regarding inappropriate behavior by Lt. McElroy. XXXX stated XXXX was glad something was finally being done, and that in 2017 XXXX was going through a divorce and moved in with XXXX. XXXX stated XXXX was not in a relationship with XXXX, that XXXX moved in as roommates. XXXX said that during that time XXXX and Lt. McElroy made comments to XXXX saying XXXX should sleep with XXXX while XXXX is staying at XXXX house. XXXX stated XXXX told XXXX they also said “if you do sleep with XXXX, let us know how it is. We would like to get a piece of that.”

XXXX also stated McElroy told XXXX to reach out to him if XXXX needed “anything”, and that he winked at XXXX, and told XXX XXXX knew how to reach him. XXXX stated XXXX did not feel comfortable saying anything to anyone due to XXXX telling XXXX what McElroy had been doing, but nothing happening. XXXX stated XXXX did not want a target on XXXX back, and did not trust the XXXX or the XXXX.

XXXX stated McElroy would “drunk message” employees asking for “Titty pics”, then would apologize the following day or so and say he was just drunk. XXXX stated XXXX did not feel anything would be done, even today, due to past information that has “failed to reach the appropriate level.”

The next interview was with XXXX. The interview was on July 15, 2019, at approximately 1:54pm. XXXX was read a Garrity Notice, and stated XXXX understood all parts of it.

I explained to XXXX we were conducting an internal investigation regarding inappropriate behavior by Lt. McElroy. XXXX started with the SO in October 2018. I asked XXXX if Lt. McElroy had solicited nude images of XXXX since employed at the SO, and XXXX stated no. XXXX stated XXXX never talked about relationships with Lt. McElroy, and only talked to him once regarding

bringing brownies to an office function. XXXX stated XXXX had also talked to Lt. McElroy regarding an issue with XXXX, and McElroy handled that situation.

*It should be noted XXXX was extremely nervous during the interview. Lt. Adams attempted to calm XXXX down, but XXXX remained on edge and nervous through completion.

No further information was obtained.

The next interview was with XXXX, and was on July 15, 2019, at approximately 2:16pm. XXXX was advised of Garrity, and XXXX stated XXXX understood all parts. I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy, and XXXX immediately became emotional, and openly cried for several minutes without saying a word. I told XXXX to take XXXX time, and after several minutes XXXX stated “It has been going on since XXXX.”

XXXX stated in either 2013 or 2014 XXXX went on a trip with jail staff, and while out Lt. McElroy was extremely intoxicated and reached over and grabbed XXXX breasts. XXXX stated XXXX told him to stop, and McElroy never said anything else to XXXX. XXXX stated XXXX (XXXX future XXXX at the time of this event) spoke to McElroy away from XXXX. XXXX stated XXXX did not want the contact, nor was it solicited.

XXXX stated there were a lot of rumors about McElroy inappropriately texting female employees, including XXXX, XXXX, and also inappropriately touched XXXX. XXXX stated McElroy groped XXXX crotch at the Sheriff’s Office Christmas Party in 2018, but XXXX told XXXX nothing would be done about it anyway if XXXX reported it.

XXXX stated XXXX feels sorry for XXXX, and feels XXXX is blinded and doesn’t see the truth in people. XXXX stated XXXX doesn’t see the big picture, and that XXXX had approached XXXX with sexual misconduct allegations, but they went nowhere. XXXX stated XXXX feels like there is separation between employee’s and command staff in the detention facility.

I asked XXXX if XXXX knew of any information pertaining to XXXX and McElroy. XXXX stated XXXX and McElroy told XXXX directly 2-3 weeks ago that XXXX is open about XXXX sexuality. XXXX also stated there was rumor of XXXX and McElroy exchanging messages as well. XXXX stated XXXX was also told McElroy was trying to get with a female named XXXX, which is/was XXXX girlfriend.

When asked about what XXXX knows regarding the complaint filed by XXXX against XXXX, XXXX stated the policy says inmates can release money to XXXX or XXXX , and that’s what XXXX did. XXXX, who is a XXXX, also stated other XXXX do it all the time. XXXX provided an example and name of another inmate and XXXX who released money to family. XXXX stated XXXX constantly listens to XXXX phone calls and checks XXXX messages to inmates.

I asked XXXX if XXXX ever mentioned the incident where McElroy grabbed XXXX breasts to XXXX. XXXX stated no, that when XXXX and XXXX got in trouble for XXXX (XXXX), XXXX also got in trouble for knowing about the XXXX. XXXX stated in 2014, after the investigation into XXXX and XXXX relationship was concluded, XXXX pulled XXXX into XXXX office and told XXXX to keep XXXX mouth shut or XXXX would make XXXX life a living hell. XXXX stated XXX was too afraid to say anything to XXXX about McElroy grabbing XXXX, and still feels that same way as of today. The interview concluded.

The next interview was with XXXX, on July 15, 2019, at approximately 2:56pm. XXXX was read a Garrity Notice, and stated XXXX understood all parts of it. I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy.

XXXX started by saying XXX has heard Lt. McElroy gets drunk and sends messages to females, then follows up the next morning with an apology, saying he was drunk. XXXX stated at the Sheriff’s Office Christmas Party in 2018, Lt. McElroy reached out and grabbed XXXX crotch. XXXX stated as XXXX turned to walk away, XXXX reached out and grabbed XXXX butt. XXXX stated XXXX 17-year-old XXXX was with XXXX, and XXXX was completely sober when this incident occurred. XXXX stated XXXX XXX asked XXXX numerous times after leaving why he did that. XXXX further stated the inappropriate contact was not solicited, or wanted.

I asked XXXX if XXXX reported the incident to XXXX, and XXXX stated “No, XXXX has made several comments that “XXXX can never sue us for sexual harassment”, referring to comments XXXX has made in the past. XXXX stated based on that statement XXXX didn’t say anything.

XXXX further stated XXXX did not feel confident in XXX XXXX, and that XXXX sweeps things under the rug. XXXX stated XXXX and Lt. McElroy are super close, and McElroy gets by with a lot of stuff.

XXXX stated McElroy works whenever he wants to, and typically comes into the office around 10am in gym clothes and talks to XXXX for a while. XXXX stated he then works out with XXXX and stays in his gym clothes for a long time after that, then changes for briefing about 4:30pm, and leaves around 6. I confirmed with XXXX that Lt. McElroy was the midnight shift commander, and XXXX stated yes. XXXX stated XXXX felt on a scale from 1-10, with 10 being everything will be fixed, that it would end up a 1 or 2.

When asked about the complaint filed against XXXX, XXXX stated XXXX and McElroy spend too much time on it. XXXX stated during one conversation with XXXX, XXXX told XXXX was acting like it was personal, and XXXX replied “Damn right its personal.” XXXX stated XXXX told XXXX that other XXXX had done the same thing, but that XXXX told XXXX didn’t remember that. XXXX stated XXXX XXXX listens to all of XXXX phone calls, reads all XXXX messages, but to XXXX knowledge does not

spend as much, or any time looking into other XXXX. XXXX stated as soon as XXXX left the Sheriff’s Office XXXX and Lt. McElroy began targeting XXXX.

I asked XXXX if XXXX knew of any information pertaining to XXXX and Lt. McElroy. XXXX stated XXXX heard from McElroy that XXXX invited him a military ball, but that he refused. XXXX stated that was approximately 8-9 months ago. XXXX also stated McElroy mentioned that XXXX was sending pictures of XXXX boobs to deputies 8-9 months ago, and XXXX heard McElroy say that directly to XXXX while in XXXX Office.

*It should be noted that I later learned XXXX dated XXXX just prior to, or right at the time XXXX started working at the SO. There was some type of inquiry conducted by Lt. McElroy into XXXX sending or sharing nude pictures of XXXX with other employees. I do not have any knowledge of that investigation.

At the conclusion of the interview, XXXX referred to Lt. McElroy as a “Predator”, and stated most people who have knowledge of his behavior are/will be afraid to talk.

That was the final interview for July 15, 2019.

The next interview was on July 16, 2019, at approximately 8:32am with XXXX. XXXX reached out to Lt. Adams and asked to speak with us once again. XXXX came back into my office, and we advised XXXX was still under Garrity.

XXXX stated XXXX understood, and that there was a problem with Lt. McElroy’s time sheet for this past pay period. XXXX stated XXXX was taking care of time sheets and noticed Lt. McElroy wrote down 9hrs worked on July 4th. XXXX stated XXXX was pretty certain he did not work that day, and just wanted to bring it to our attention.

Lt. Adams had XXXX, the agency XXXX, pull all records pertaining to the use of McElroy’s gate/door codes for July 4, and no activity was located. I watched video of F Pod, the location where McElroy’s office is, and did not see McElroy on July 4. Lt. Adams also looked at the parking lot cameras for July 4 and did not see Lt. McElroy’s vehicle on the premises. I also verified XXXX signed off on the time sheet, which

XXXX did. It was decided we would hold on to the time sheet until we conducted interviews with XXXX and Lt. McElroy later in the day.

The next interview was with XXXX, who is currently assigned to Patrol, but worked in the jail during this time period. XXXX was read a Garrity Notice, and XXXX stated XXXX understood all parts of it. The interview was conducted on July 16, 2019, at 8:57am.

I explained to XXXX that we were working an internal investigation regarding inappropriate behavior by Lt. McElroy, and XXXX immediately stated “I am glad this is happening.” XXXX stated XXXX is afraid of losing XXXX job if XXXX talked to us, and Lt. Adams explained to XXXX those days were over.

XXXX stated when XXXX was a corporal, McElroy approached XXXX and XXXX and asked them about XXXX. XXXX stated McElroy told XXXX XXXX was the reason he was demoted, and McElroy told both of them to find a reason to get rid of XXXX. XXXX stated they both told McElroy they did not want any part of that, and soon after XXXX stated XXXX was demoted. XXXX stated “everyone” knew not to cross Lt. McElroy, or you would have a target on your back.

XXXX stated XXXX had first-hand knowledge of Lt. McElroy receiving pictures of another deputy’s wife due to XXXX being on the trip when it happened. XXXX stated XXXX was fairly new to the office at the time, and XXXX wanted to be in the “cool kid click”. XXXX stated XXXX had heard of Lt. McElroy participating in inappropriate actions while at work, but XXXX never witnessed them first hand.

XXXX stated there was no way anyone could take anything to XXXX, that people know they have to go above XXXX. XXXX stated “if you were a scum bag, you were promoted.”

The next interview was with XXXX, an ex-employee of the Benton County Detention Facility. The interview occurred on July 16, 2019, at approximately 9:50am.

I explained to XXXX we were conducting an internal investigation into inappropriate behavior by Lt. McElroy. XXXX paused, and stated XXXX was afraid things will get back and people will be bullied. XXXX became emotionally upset.

XXXX stated McElroy would message XXXX directly. XXXX stated XXXX had a habit of telling people “love your face” as XXXX left an area, and McElroy asked XXXX on a couple of occasions how XXXX would prove it. XXXX stated after McElroy would message XXXX, he would follow it up the next day or so by apologizing, and saying he was drunk. XXXX stated XXXX would not respond to his messages, so he quit showing up to work during XXXX shift.

XXXX stated at one point XXXX was leaving the SO to move to XXXX with XXXX, and on XXXX last day McElroy came up to XXXX while XXXX was outside and began acting weird. XXXX stated he slowly leaned in to XXXX, sighed, and then backed away. XXXX stated later he messaged XXXX saying he wished he would have kissed XXXX while outside with XXXX, but XXXX did not have the messages anymore since XXXX quit.

XXXX stated XXXX also knew McElroy messaged XXXX often, as well as XXXX, who previously worked at the Sheriff’s Office. XXXX stated XXXX told XXXX McElroy had asked XXXX for dirty pictures, and sent XXXX nasty messages.

XXXX also stated McElroy had messaged XXXX, and that XXXXX was being trained by XXXX and XXXX at the time. XXXX stated XXXX was playing on XXXX phone and asked about dating Lieutenants at the Sheriff’s Office. XXXX stated XXXX stated “Careful, McElroy will ask for titty pics.” XXXX stated XXXX made the comment “He already has.” XXXX stated XXXX never stated it was McElroy, but didn’t deny it either.

XXXX stated female employees do not trust McElroy, and employees do not have confidence in XXXX. XXXX stated female employees looked up to XXXX, and when XXXX ignored XXXX valid complaint, everyone lost faith. XXXX became emotionally upset once again and stated “it wasn’t fair.”

XXXX concluded the interview by talking about the “wolf pack” and stated it got to the point to where bets were placed on when McElroy would text the newly hired females.

The next interview was conducted with XXXX, and occurred on July 16, 2019, at approximately 10:45am. XXXX was read a Garrity Notice, and XXXX stated XXXX understood all parts of it. I explained to XXXX we were working an internal investigation into inappropriate behavior by Lt. McElroy.

XXXX seemed a little hesitant to talk, but stated XXXX never personally got a message from Lt. McElroy, but heard through the grapevine he was messaging females at the jail. XXXX stated XXXX knew McElroy was sending messages to XXXX.

I asked XXXX if XXXX remembered a conversation with XXXX relating to McElroy messaging XXXX. XXXX initially stated no, then I showed XXXX a text message conversation XXXX provided between XXXX and XXXX. XXXX did recall the text message, and stated XXXX did remember XXXX asking if you could date Lieutenants, and that you could in the military. XXXX stated XXXX did not know about McElroy asking XXXX for photographs, but that pictures were sent by XXXX to other employees at the SO. No further information was obtained.

The next interview as with XXXX, and occurred on July 16, 2019, at approximately 11:45am. Prior to the interview I had asked XXXX and XXXX (XXXX) if XXXX had spoken with them regarding XXXX complaint regarding inappropriate behavior. Both stated no, they had no knowledge of any complaint.

I explained to XXXX we were working an internal investigation, and Lt. Adams read the Garrity notice to XXXX. XXXX stated XXXX understood all parts of the form.

I asked XXXX if XXXX remembered having a conversation with XXXX off-site around February 2017. XXXX thought for a moment, then stated yes. I asked XXXX what they discussed. XXXX stated XXXX did not remember much of it, but did remember XXXX telling XXXX McElroy had photographs of another deputy’s wife. I asked XXXX if XXXX mention any other instances where McElroy was inappropriate with jail staff, and XXXX couldn’t remember. I asked XXXX if XXXX talked to XXXX at the time regarding the complaint, and XXXX said XXXX. I asked XXXX how XXXX handled the situation, and XXXX stated XXXX spoke with McElroy and basically told him to “knock it off.”

I explained to XXXX that we had conducted numerous interviews with current and ex-employees, and that XXXX decision to sweep that information under the rug was a major turning point for morale in the jail. I explained to XXXX that type of complaint had to be taken seriously, and an investigation should have been requested. I further explained to XXXX that XXXX lack of action has caused numerous employees to lose faith in XXXX as a leader. XXXX stated XXXX allowed friendships to get in the way of leadership, that XXXX understood how serious it is, and that XXXX made a mistake by not handling it differently.

I further questioned XXXX relating to the complaint XXXX filed on XXXX with the XXXX. XXXX stated XXXX had the complaint on XXXX desk, that XXXX never sent it. I explained to XXXX the XXXX knew of the complaint, and XXXX notified XXXX of its existence. XXXX stated XXXX made a verbal complaint to XXXX, which initiated contact with the XXXX.

I reviewed the policy with XXXX, and asked XXXX which rule XXXX violated. After reviewing the policy, XXXX stated nothing. XXXX then stated XXXX made the complaint to allow the XXXX to determine if a violation occurred on their end, that XXXX has done that before with other XXXX. XXXX stated several times XXXX has looked in to other XXXX as well.

XXXX further stated XXXX concerns included XXXX living with a felon, talking to inmates about relationships, and what XXXX felt was inappropriate conversations between XXXX and inmates. I explained to XXXX that XXXX was a civilian, and we have no control who XXXX lives with or communicates with. I informed XXXX we would no longer be looking into XXXX as a XXXX, unless further issues arise, and at which point would be directed by the Chief Deputy. XXXX stated XXXX understood.

Lastly, I asked XXXX if XXXX approved Lt. McElroy to work on July 4, and XXXX stated no, the lieutenants were off. I showed XXXX Lt. McElroy’s time sheet, and asked if XXXX knew why McElroy would have written 9hrs (1hr of overtime) for the holiday. XXXX stated McElroy did not work on the 4th. I asked XXXX who approved the time sheet, and XXXX stated XXXX did, that XXXX missed it. I explained to XXXX that the employees who caught the error have reportedly let things like this go in the past due to XXXX relationship with McElroy, the fact XXXX swept allegations against McElroy under the rug leaving employees feeling he is untouchable, and the fact they were previously too afraid to say anything fearing retaliation until this investigation was initiated.

XXXX was placed on administrative leave (approved by Sheriff Holloway and Chief Deputy Gilbert) and was told we would be back in touch with XXXX at a later time.

The next interview was with Lt. McElroy, and occurred on July 16, 2019, at approximately 12:57pm. I explained to Lt. McElroy we were conducting an internal investigation, and Lt. Adams advised Lt. McElroy of the Garrity Notice. After the Garrity Notice was signed, I explained to Lt. McElroy we were conducting the investigation into inappropriate behavior by him.

I asked Lt. McElroy if he remembered XXXX speaking with him regarding a complaint around February 2017 involving him obtaining pictures of another deputy’s wife. Lt. McElroy stated XXXX did speak with him, and asked him to knock it off. I asked Lt. McElroy what he said to XXXX after his conversation with XXXX. He initially stated he didn’t remember talking to XXXX after the meeting, and then I showed him the text message between XXXX and XXXX where XXXX told XXXX he approached XXXX. McElroy stated he did not remember talking to XXXX.

I asked Lt. McElroy to explain to me what actions he had taken over the past few years regarding inappropriate actions with employees. Lt. McElroy spoke about the Virginia trip with several guys and receiving images of another deputy’s wife. Lt. McElroy acknowledged he had inappropriate conversations with XXXX in the past, and the incident ended up causing him to be demoted. When asked if he ever spoke with XXXX or XXXX at the time to find a reason to get rid of XXXX, Lt. McElroy responded by saying he didn’t believe he did, but could not remember for sure.

When asked about messaging XXXX, he stated there was flirtatious messaging back and forth, and he messaged XXXX while XXXX went through a separation (He also messaged XXXX as recently as may of 2019).

Lt. McElroy acknowledged he had flirtatious messaging back and forth with XXXX as well.

When asked about XXXX, Lt. McElroy denied asking XXXX for pictures, but stated he questioned XXXX regarding XXXX showing nude pictures of XXXX to other employees. Lt. McElroy also confirmed XXXX asked him to attend a military ball.

I asked Lt. McElroy if he recalled in the 2013-2014-time frame going on a trip with jail staff, which included XXXX, XXXX, and XXXX. He stated yes. I asked him if he remembered sitting on a side-by-side ATV with XXXX. He paused, and stated no he did not remember that. I asked him if he remembered grabbing XXXX breast will sitting in the back seat with XXXX. McElroy stated he did not remember that. I asked Lt. McElroy if he didn’t remember due to him being intoxicated, and he stated that was possible. I further asked him if he remembered XXXX talking to him about the incident after it happened, and he shook his head no.

I next asked Lt. McElroy if he remembered the 2018 Sheriff’s Office Christmas Party where he grabbed XXXX in the crotch/buttocks area. Lt. McElroy stated he did remember that, and that he was intoxicated. I asked him if being intoxicated was an excuse for his behavior, and Lt. McElroy stated no. I explained to him both XXXX and XXXX both remember each incident vividly, and neither incident was acceptable. Lt. McElroy stated he didn’t know what to say to XXXX to make it better.

I lastly asked Lt. McElroy about his time sheet, specifically July 4, 2019. I asked Lt. McElroy if he worked the holiday, and he stated no. I asked him why he would write 9hrs worked down on the holiday, and he replied “it was a mistake, I’ll pay it back.”

Upon completion of the interview I spoke with Chief Deputy Meyer Gilbert regarding Lt. McElroy’s interview. Chief Deputy Gilbert then spoke with Sheriff Holloway, and a termination of employment letter was signed by Sheriff Holloway, and given to McElroy. McElroy’s actions of assaulting two female co-workers/employees will not be tolerated within this organization. He was escorted off the property by Lt. Adams.

I have no further information to add to this report.

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Major Kenneth Paul

Benton County Sheriff’s Office

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Major Kenneth Paul

Chief Meyer Gilbert

Sheriff Shawn Holloway

Major Robert Bersi

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1300 SW 14th Street

Bentonville, Arkansas 72712

Phone: 479-271-1011 (Detention)

479-271-1008 (Admin)

Criminal Investigations

Captain Jeremy Guyll

Patrol Reserve

Captain Thomas See

Captain Kurt Banta Captain Neff Basore Captain Andy Lee, Jr.

Administration

Detention

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