McNiel found guilty again

BENTONVILLE -- Former candidate for Pea Ridge mayor, Boyd McNiel has been found guilty twice on expired vehicle tags and failure to appear. Concluding his jury trial appeal in Benton County Circuit Court, McNiel was declared guilty and fined $500 for each count plus given two days in jail for the failure to appear charge.

Judge Robin Green suspended the jail time saying she was aware of McNiel's heart condition.

McNiel also is required to pay $150 in court costs.

McNiel represented himself in the trial.

On Jan. 28, McNiel was found guilty by Judge Ray Bunch in Pea Ridge court. McNiel argued that because the police officer checked the wrong box on the ticket (the box for no driver's license), he should not be guilty. Although he repeatedly admitted to having expired vehicle tags, McNiel said the police officer's mistake should nullify his offense. He was cited Oct. 4 for a court date of Nov. 12.

During jury selection, McNiel used a peremptory challenge to dismiss a female juror who said she had been married to a county deputy. When four more potential jurors were called from the jury pool, a man said: "Your honor, I won't be able to decide fairly. I've already got a bias... I don't believe this gentleman is competent enough to represent himself."

During the trial, McNiel was repeatedly warned by Green about procedure and threatened with contempt. He did not subpoena his witnesses, implying that he expected Judge Green to do that.

"I'm not your clerk, Mr. McNiel," the judge said.

McNiel called Police Chief Tim Ledbetter to the stand.

"How long have you been chief of this rinky dink town?"

"Did you say 'rinky dink'?" Judge Green asked. "Your questions do not need to be argumentative."

McNiel asked the police chief: "At what school did they train you it's okay to change the paperwork? ... You're not out to protect and serve."

Twice during the trial, McNiel asked for dismissal. He was denied.

During closing arguments, McNiel told the jury: "I asked you guys to stand up for me when you see that I'm being railroaded... I've not been able to present evidence in the way I wanted to."

He said that police officers, lawyers and judges are a "brotherhood" and don't give common people a chance.

"This is not an appropriate closing argument. You need to confine yourself to the rules of criminal procedure and evidence, to the facts of the trial," Judge Green said.

"I did break the law," McNiel said. "I probably break a couple of them every day one way or the other... the law is not supposed to be black and white. It's supposed to have some grey areas... let's prove to the court they need to be a little more open."

After hearing his guilt declared, McNiel said: "The fact that I'm guilty, that's never been disputed."

Judge Green told McNiel he has the right to appeal to a higher court.

Editorial on 08/13/2014