DEWAYNE HOLLOWAY \ dewayne@mcnews.online
MOUNT IDA – Nathan Mendenhall, lawyer for the Sims Volunteer Fire Department, Inc., has filed a request for change of venue in the civil case brought against the fire department by Prosecuting Attorney Andy Riner.
Andy Riner filed the suit November 5, 2019. In the civil suit Riner petitioned for the involuntary dissolution of Sims Volunteer Fire Department, Inc. non-profit corporation. He alleges the court has the authority to dissolve the non-profit corporation under the Arkansas Nonprofit Corporation Act. Cause for requested dissolution given by Riner is that the nonprofit had not maintained a registered agent for a 90 day period.
The request for involuntary dissolution was made after the fire department submitted a petition to the quorum court that would make them a fire protection district. As a fire protection district they would be able to collect dues involuntarily on the personal property tax statement. The state law cited in the petition allows fire department’s to petition the court with only a vote by their board of directors. The law also requires the quorum court to approve the petition.
When presented with the petition all the Justices of the Peace expressed concern over being forced to vote for the petition.
Mendenhall, who represents the fire department’s board of directors, requested a change of venue, February 4, 2020.
In his request he alleges he can’t enter the county due to a threat of violence against his person by Montgomery County citizens.
Mendenhall alleges that while he was present at a quorum court meeting in November that Riner asked to speak with him in a side room. While in the room he alleges Riner introduced him to an MCSO deputy and expressed a desire to have the officer escort Mendenhall from the building when he left.
The request states that when the meeting ended Mendenhall was escorted to his vehicle by two non-uniformed officers.
Mendenhall also alleges that on Monday, January 13, a threat was made to his person by an individual named Harry Beggs. Mendenhall alleges that during a conversation with Beggs he was told Beggs was going to commit a breaking or entering in a building leased by the Sims VFD. He also alleges that Beggs threatened him by telling him he should not show his face in Montgomery County again and if he did he would regret it.
He alleges that the Montgomery County Sheriff’s Office was contacted about the breaking or entering and informed that several people had occupied the building. He states that he was told a member of the board of directors would have to meet a deputy at the fire house and make a statement. They instead went to the police station to give their statement.
He states in his request that upon further inquiries into the validity of the threats of violence he has learned that a rival faction within the fire department has spread communications amongst themselves in an attempt to track his comings and goings within Montgomery County.
He also points out that it is public record that Harry Beggs has been involved in situations where “violence abruptions have taken place,” even in a court room.
He alleges that on January 14, 2020 37 vehicles were located at the firehouse and election signs supporting Andy Riner for Circuit Judge were placed throughout the firehouse.
He also cited the possibility that Andy Riner could be elected to the 18th West Circuit Court Judges office in March. If elected the case would more than likely be moved anyway.
Mendenhall has requested that the case be moved to Pulaski County.
The court has yet to rule on his request for change of venue.
