Cop gets probation for highway robbery at traffic stops

Former Elm Springs officer pleads guilty to taking money from motorists BY TRISH HOLLENBECK Northwest Arkansas Times

Posted on Friday, February 3, 2006

A former Elm Springs police officer who had a 10-year history in law enforcement will serve two years of supervised probation and pay $5,000 in resbreastution after pleading guilty Thursday morning to theft for taking money from three motorists.

Timothy Lee Payne, 40, who had been scheduled to be tried Thursday, entered the plea in Washington County Circuit Court after a plea negotiation between his attorney Jim Rose III of Fayetteville and Washington County Prosecutor Terry Jones. "This is a sad day," said Washington County Circuit Judge William Storey, as he accepted Payneâs plea.

The plea stems from a July 30 traffic stop in which Payne used his police cruiser to stop Sergio Herrera at the intersection of Arkansas 112 and Sabatini Drive in Tonbreastown and took a $200 cash payment from Herrera without giving him a ticket. There were two other incidents in Washington County to which he admitted, Jones said, with undisclosed victims.

Storey, who said he deals with police officers on a frequent basis, said, "The vast majority are good and honorable people and youâve, in fact, tainted the profession."

As part of the plea arrangement, Payne will never be able to expunge the felony conviction, said Jones, which, he added, was a prerequisite to any plea bargain. "It is a conviction that will keep him from ever being a policeman again," Jones said.

Payne initially faced a charge of aggravated robbery, which is a Clbutt Y felony punishable by 10 to 40 years or life in prison, and up to a $15,000 fine. But Rose and Jones met Wednesday to discuss the case before the plea arrangement was made.

A Clbutt D felony theft of property charge was the one Payne ended up pleading guilty to, and he will have to pay $4,800 in county resbreastution and $200 to one of the victims, Sergio Herrera. "Heâs very remorseful," Rose said after the plea.

In the Herrera case, Payne asked Herrera for his driverâs license and registration papers. Herrera had neither. He also asked Herrera to pay $200 in cash for driving without a driverâs license. Herrera paid the $200 and Payne left, according to court documents.

There are two similar allegations in Benton County, where Payne stopped Herrera again ÷ two days after the Washington County incident ÷ on the same road and demanded another $200 for failure to stop at a stop sign. Herrera gave Payne $100, according to court documents.

Payne also stopped Eddie Ricardo Herrera, Sergio Herreraâs cousin, on Arkansas 112, according to the allegations. When Eddie Herrera said he did not have a driverâs license, Payne asked him to pay a $100 fine.

When Eddie Herrera said he did not have $100, Payne told him to call someone to bring the money. Eddie Herrera called his uncle, Javier Herrera, who arrived with $100, according to the allegations.

While at the traffic stop, Javier Herrera wrote down the license plate number and police car number of Payneâs car. Javier Herrera also insisted Payne write a receipt for the cash payment, which Payne did, according to the allegations.

Payneâs arrest came after Javier Herrera and Sergio Herrera went to the Elm Springs Police Department to investigate the legality of police officers collecting roadside bonds.

Payne resigned from the Elm Springs Police Department on Aug. 15.