Elm Springs Police Officer Arrested

The Morning News
Aug. 20, 2005

An Elm Springs police officer was arrested Friday, on charges he extorted money from drivers.

Timothy Payne, 40, 2415 N. Mountain Road, Springdale, was arrested Friday on a theft of property, criminal attempt to commit theft of property and abuse of office warrant, according to a Arkansas State Police probable cause affidavit filed in Benton County.

Payne resigned from the Elm Springs Police Department on Aug. 15.

Payne stopped individuals, the affidavit states, while in uniform and driving an Elm Springs police car and allowed the drivers to go free after paying him a "roadside fine."

Ken Martin, Elm Springs Police Chief, said no one is above the law.

"I'm disappointed but not surprised," Martin said Friday. "These incidents happened while I was away on vacation. When I returned, I asked the State Police to investigate."

Sgt. Steven Coppinger, a member of the State Police Criminal Investigation Division, conducted the investigation and filed the affidavit.

Sergio Herrera of Springdale reported he was stopped on July 30 by Payne on Arkansas 112, just inside Tontitown city limits. Herrera did not have a license and Payne asked him to pay $200 cash as a fine. Payne took the money and drove off, without writing a ticket, according to Herrera's statement in the affidavit.
Herrera was stopped again by Payne on Aug. 1, north of Elm Springs on Arkansas 112 in Benton County. Herrera said he had only $100 and Payne took the money and drove away, the affidavit states.

Eddie Ricardo Herrera, a cousin of Sergio Herrera, reported he was also stopped by Payne on Arkansas 112 near Elm Springs on Aug. 1. When asked to pay a $100 fine for driving without a license, Herrera told Payne he had only $20. Payne suggested Herrera call a friend or relative for the money. Herrera called his uncle Javier Herrera, asking him to bring the money.

Javier Herrera gave Payne $100 to but insisted on a receipt. Later, Javier and Eddie Herrera went to the Elm Springs Police Department to check on the legality of Payne's actions and identified Payne as the officer who took the money, according to the affidavit.

Coppinger compared the writing on the receipt to traffic tickets issued by Payne. He interviewed Payne on Aug. 15, who at first denied collecting cash, then admitted his actions after undergoing a polygraph examination.

The Benton County Prosecutor's Office is checking for similar incidents.

"I encourage anyone else who may have information regarding other acts of coercion by former officer Payne to contact this office," Robin Green, county prosecuting attorney said Friday.

Payne was released from the Benton County Jail Friday on $1,000 bond.