This story has been updated significantly since it was first published.
Hot Spring County Sheriff Scott Finkbeiner was released from jail today after being arrested on a federal charge of obstruction of justice in a case that federal prosecutors say involved illegal drugs, sex and intimidation of a confidential informant.
Authorities contend Finkbeiner, 46, was trying to obstruct an undercover narcotics investigation involving methamphetamine, which he was allegedly using at the time.
Finkbeiner agreed to a $5,000 unsecured bond shortly after a federal magistrate judge in Fort Smith denied a prosecutor’s request that the sheriff be jailed until trial. Magistrate Judge Mark Ford ordered Finkbeiner to refrain from the use of illegal narcotics, the excessive use of alcohol, and the possession of weapons, including firearms. Prosecutors noted firearms are readily available to a sheriff.
Finkbeiner participated in the online hearing from the Saline County jail in Benton where he had been held since FBI agents arrested him Thursday.
According to an FBI affidavit, Finkbeiner’s cell phone data and other information indicate he was “present for or engaged in illegal activity, including the use of illegal drugs, solicitation of sex, and sale of methamphetamine.”
The affidavit refers to a confidential informant who told authorities that Finkbeiner had smoked meth at a home in Hot Spring County and that he had offered to pay the informant $60 for sex.
“’I’ll make it worth your while,’” the affidavit alleges Finkbeiner told Confidential Informant 1, referred to as CI1. The informant then told Finkbeiner “that he/she was not a prostitute. Finkbeiner then asked CI1 to perform oral sex on him. CI1 refused.”
Later, the sheriff allegedly asked the informant to take a puff from his meth pipe and again pressed the individual for sex.
“CI1 reported that he/she felt intimidated since Finkbeiner was wearing a uniform and said earlier that he could follow him/her home. CI1 reported that Finkbeiner started to unbutton his pants, grabbed CI1’s hand and put it on his penis,” the affidavit says.
The affidavit continues:
CI1 reported that he/she thought “it was either sex or a hand job,” so he/she used lotion that was near the couch and indicated that he/she gave FINKBEINER a “hand job.” CI1 reported that he/she had to stop after he/she started gagging and felt like he/she was going to vomit.
He/She left the residence shortly after the audible sex act occurred on the recording.
Finkbeiner occasionally shook his head throughout the hearing as if to dispute some of the prosecutor’s statements.
Judge Ford said he had reviewed the sheriff’s finances and determined that Finkbeiner qualifies for a public defender and appointed Alex Wynn and Bruce Eddy to represent him.
Assistant U.S. Attorney Bryan Achorn said during today’s hearing that authorities had knowledge of the sheriff’s efforts to intimidate people based on his authority and said he did not expect the sheriff would resign voluntarily. Defense attorneys could not be reached by phone after the hearing.
You can read the affidavit here.
The Hot Spring County sheriff’s office, based in Malvern, has faced more than a few legal problems since Finkbeiner became sheriff. KARK-TV reported that two now-former deputies were arrested early this year and charged in the beating of an inmate being transported to another county. It is not known if that case is connected to Finkbeiner’s case.