Trial set for ex-Sheriff Pennington

He’s accused of stealing money, cutting deal with criminal

BENTON -- Trial dates were set Monday for two former Saline County sheriff's office officials accused of stealing thousands of dollars from the county.

ADVERTISEMENT

More headlines

Former Saline County Sheriff Bruce Pennington, 63, will appear in court for trial Nov. 20. Circuit Judge Gary Arnold set a pretrial hearing for Oct. 10.

Pennington did not appear in court Monday. His attorney, Ray Baxter, said he instructed Pennington -- who now lives in Fayetteville -- not to appear because the judge wasn't ruling on any motions.

Baxter, who arrived late to the hearing, then submitted a motion for discovery in court.

Baxter did not return a call to his office. Pennington declined to comment Monday afternoon.

"We always prefer to have the defendant in court," said Faulkner County Prosecuting Attorney Cody Hiland, who was appointed to the case. "Otherwise, today was pretty routine."

In a separate hearing, former Pulaski County Circuit Judge John Langston set a pretrial hearing for Oct. 10 and a trial date of Oct. 16 for Jo Nell Mallory, 60, the former chief deputy of finance for the sheriff's office.

Langston was appointed to the case after all four of Saline County's circuit judges asked to recuse themselves. Mallory's husband is a bailiff for Circuit Judge Bobby McCallister, and she is well-known by all the judges.

In court, both attorneys told Langston that they were in the process of negotiations but that no agreement had been reached.

Mallory declined to comment Monday afternoon. A call to her attorney's office was not returned.

Pennington and Mallory both pleaded innocent to their charges June 9.

Pennington faces two felony charges for abuse of public trust and theft of property between $1,000 and $5,000. He also faces one misdemeanor count of theft of property of less than $1,000.

Pennington is accused of receiving free granite countertops in his kitchen in exchange for getting a man out of his court-ordered community service, according to his arrest warrant.

In that document, officials said Pennington used as much as $800 from telephone kiosks in the sheriff's office and the jail to pay for his legal fees stemming from 2013 alcohol-related misdemeanors.

A total of $5,610 was missing from the telephone kiosks, a state audit found.

He is also accused of cashing a $1,000 check made out to the sheriff's office for SWAT team vests and using it for personal expenses.

Mallory faces two Class D felonies of trading in public office and theft of property between $1,000 and $5,000.

She is accused of waiving court fees and fines for a man in exchange for free tile installation from his brother, according to her arrest warrant.

She is also accused of taking as much as $3,000 from telephone kiosks for personal use.

In a statement to the Arkansas state police, Mallory said she was responsible for safekeeping the money from the machines.

The charges against Pennington and Mallory resulted from a state police investigation into the Saline County sheriff's office's expenditures.

A third ex-employee, Mike Frost, 59, who was the lieutenant over the criminal investigation division, was charged with illegal use of a communication facility and delivery of a controlled substance, both Class C felonies.

He entered an innocent plea in circuit court last Tuesday.

Metro on 07/22/2014

Upcoming Events