With all due respect

Demanding a jury trial after being found guilty in Pea Ridge Municipal Court Tuesday, Jan. 28, Boyd McNiel continued to argue with Judge Ray Bunch. As he left court, found guilty on charges of an expired vehicle license and failure to appear, he said: "You guys are something."

"I'd like a jury trial," McNiel said after being found guilty.

"Sir, be quiet," the judge told McNiel. "You're not going to get a jury trial. You're not entitled to a jury trial."

"Why?" McNiel persisted.

"The law doesn't allow it," the judge said.

McNiel, prefacing most of his statements and interruptions with "With all due respect," admitted he was guilty of the traffic violation, but fought the charge because the officer mistakenly checked the wrong box on the ticket for the violation. In sworn testimony, police officer Michael Marler told the court that he had explained the violation to McNiel and that McNiel admitted that he had failed to renew his vehicle registration and, in fact, had another vehicle with expired tags.

Throughout the court session, McNiel spoke out of turn and questioned the judge. At one point, he asked the judge what he was reading.

"You're the defendant. I'm the judge. I'm sitting here judging your case," Bunch told McNiel. "I'm not for the prosecution or you. Now, can we get on with it?"

McNiel was stopped in October for expired tags. According to Marler, McNiel admitted he was guilty during the traffic stop. Marler said he noticed he had checked the wrong box when turning in the tickets at the office, so he corrected and initialed the error.

"He signed it when I explained the violation," Marler said of McNiel.

McNiel told the judge that he noticed the error later at home and went to City Hall the next day demanding that Court Clerk Sandy Button fix the error and consider it a "wash" because the officer made a mistake.

During his testimony, McNiel said: "These officers of the court go by the written law but use it for their advantage."

"He admitted he had expired vehicle tags," Button told the court, "but said it should be 'a wash' since the officer made a mistake, too."

When McNiel failed to show up for the court date, a bench warrant was issued for his arrest for a failure to appear. He did attend another Pea Ridge Court session demanding to speak to the judge and the prosecuting attorney and ultimately was escorted from the court room by police.

McNiel argued about taking the oath to tell the truth and asked the judge if his word wasn't good enough.

"You'll be sworn in like everybody else," the judge said, "or we won't continue."

McNiel challenged Button's authority by asking: "With all due respect, who do you work for?"

He also questioned who the judge worked for, saying "you work for the people."

He questioned who selects court dates because it wasn't convenient for everyone to attend on the dates scheduled.

"My pendulum for right and wrong is a little different than everyone else's," McNiel said. "I was going to pay it, but when I saw the mistake ... it was for her (Button) to make an executive decision and to call right right and wrong wrong."

McNiel repeatedly interrupted both Marler and Button during their testimony and was reprovedby the judge.

"I'm not going to let you sit here and waste everyone's time," the judge said to McNiel. "I find you guilty."

"How much credit would I get for jail time?" McNiel asked the judge, who told him $40 a day. "I may just take jail time so they can feed me."

Then he told the judge he couldn't go to jail now because he "had tubes hanging from his stomach."

Prior to his trial, McNiel said he had recently had open heart surgery and had just been released from the hospital.

McNiel ran for mayor in 2010, receiving 76 votes, and City Council in 2006, receiving 146 votes.

When he drove away from City Hall, McNiel raised his middle index finger at Pea Ridge Police officers who were standing outside.

General News on 02/05/2014