STAR CITY — Gould Mayor Earnest Nash Jr. — charged March 29 with obstructing governmental operations, theft of property, abuse of office and two counts of nonfeasance in office — waived formal arraignment to the charges Thursday morning in Lincoln County Circuit Court.
A Pine Bluff attorney faxed the waiver sometime after the circuit court clerk’s office closed Wednesday, Circuit Judge Robert H. “Rob” Wyatt Jr. said Thursday in open court. Nash, 43, is scheduled to enter pleas to the four counts on May 14, Wyatt said later Thursday.
Prosecuting Attorney Kyle Hunter said Nash could be removed from office if convicted.
Hunter requested the Arkansas State Police Criminal Investigation Division conduct an investigation into actions allegedly taken by Nash when Nash was serving as clerk of the Gould City Court before taking the office of mayor.
The charges allege Nash:
Independent reporting for Pine Bluff & Jefferson County since 1879.
• Obstructed governmental operations in Gould from Feb. 15 to the present by hindering the performance of the office of Pamela Barley-Gibson, recorder-treasurer of the municipality;
• Prohibited Barley-Gibson from taking office and performing her duties and authorized payments from the city’s general fund and a disaster fund in violation of a municipal ordinance;
• While serving as clerk of the City Court in 2003, altered court records without authorization and converted $520 of court monies to his own use; and
• Abused the office of court clerk by falsifying court records.
State Police Special Agent Clayton Moss said in an affidavit in support of the charges that complaints about Nash were filed with the prosecutor’s office last year and he was assigned to investigate the complaints in August.
Barley-Gibson was appointed city recorder-treasurer three different times by Aldermen Sonja Farley, Roseanna Smith-Lee, Veronica Tensley and Harry Hall, but Nash vetoed each appointment.
Hall and Barley-Gibson maintained they were assaulted by Nash in mid-February when they went to Gould City Hall with a locksmith to gain access to the recorder-treasurer’s office. They filed an affidavit with the clerk of Lincoln County District Court seeking Nash’s arrest for assault.
Nash was arrested Tuesday afternoon on warrants accusing him of two counts of battery in the third-degree stemming from the February altercation. As he was being handcuffed by two Lincoln County deputy sheriffs, the officers said Nash threatened Barley-Gibson as she drove past. Officers said the verbal threats resulted in a charge of terroristic threatening being filed against Nash.
Nash was taken Tuesday to the Lincoln County Jail and released after a Pine Bluff bail bond company posted a $1,935 bond, a district court spokesman said Thursday.
Nash has denied assaulting Hall and Barley-Gibson. He is scheduled to appear in court May 17 to answer the terroristic threatening and assault charges.