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Tuesday, May 3, 2016

Prosecutor drops charges in unlawful arrest case

Thursday, February 14, 2002

Prosecuting Attorney Stewart Lambert filed a motion Feb. 4 to drop charges against a Hardy man for public intoxication and assault, citing Highland Police Officer Hank Harris' misconduct as reason for the dismissal.

Harris conducted a traffic stop Dec. 30 on a vehicle in which Hicks was a passenger, charging him with public intoxication and incarcerating him in the Sharp County jail.

An altercation occurred after Hicks was taken to the jail resulting in Harris "taking Hicks to the floor." Hicks was charged with assault following the incident.

Lambert said the charges were being dismissed because Harris was out of his jurisdiction when both the arrest and the incident occurred and because of Harris' conduct at the jail. Ash Flat Police Officer Tim McComas filed a report following the altercation stating Hicks told him Harris had grabbed him by the throat and thrown him to the ground. The report said there were visible marks on Hicks' neck following the incident. McComas said he called Sheriff T.J. "Sonny" Powell and asked that Hicks be released into the care of his father; Powell agreed and Hicks was released.

Lambert said the incident is still under investigation. "The matter is not concluded," he said.

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