Boyd McNiel appeared before Judge Robin Green in a pre-trial status hearing Monday, June 16. At the request of Pea Ridge city attorney Rick Hardwick, the trial was continued until Aug. 6.
At the beginning of court, McNiel attempted to get the judge's attention, according to Hardwick. He was told to be quiet but continued to tried to get Green's attention whereupon she threatened him with 10 days in jail for contempt if he wasn't quiet.
McNiel asked for the trial to be dismissed. When asked if he had the request in writing, he said he didn't. Green declined his request.
Court was previously set for June 25.
McNiel was issued a traffic ticket for expired vehicle tags on Oct. 4, 2013. McNiel went to City Hall the next day requesting that the ticket be "a wash" because he noticed the police officer had checked the wrong box noting a different offense. He confronted City Clerk Sandy Button, who is also court clerk. McNiel did not appear in Pea Ridge City Court for his first date of court Nov. 12. A warrant for failure to appear was issued for him.
On Jan. 28, McNiel was found guilty in Pea Ridge court for driving with expired tags and failure to appear. 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 found guilty. Although he repeatedly admitted to being guilty of expired vehicle license tags, McNiel said the police officer's mistake of checking the incorrect box should nullify his offense.
Hardwick said: "We had a real brief hearing with judge about jury instructions and trial date. It was continued to Aug. 6. I asked for it, but he did, too.
"He spoke up initially when judge first came in. He interrupted her about two or three times," Hardwick said, adding that McNiel, who was representing himself, did ask about getting a public defender.
On May 6, McNiel filed a paper with Judge Green's office stating that he wanted to call the police officer who issued the ticket, Michael Marler; the police chief; Sandy Button; Jay Saxton; and every police officer on the Pea Ridge Police Department. He asked that the officers be sequestered. McNiel also stated that he planned to call Judge Green stating "I also want the Jury to hear prior testimony from the recording of the previous hearing where you Judge repeatedly admonished me and threatened to put me into Jail. I will be point out that the court and its so called officers of the court can not tell time and get the court started at the time that the official court documents said that it was suppose to begin."
McNiel concluded his request with "I reserve the right to call more witness as I find it necessary to prove my innocence in this case."
In previous testimony, McNiel admitted he was guilty of having expired vehicle tags, but said he should not be fined because the police officer erroneously marked the wrong box despite verbally telling him the correct offense.
General News on 06/18/2014