Eureka Springs City Clerk/Treasurer Ann Armstrong was the reported suspect in a criminal misdemeanor offense of second-degree assault filed Nov. 26, 2019 with the Eureka Springs Police Department. The reported victim, who requested to remain anonymous, was a City of Eureka Springs employee and coworker of Armstrong at the time of the incident. Information is from official reports.
The victim will be referred to as Jane Doe. The incident was reportedly witnessed by three people, two who are city employees Kim Stryker and Lonnie Clark, and one citizen, Linda McBride.
The police report stated that on Nov. 14, 2019 Armstrong made bodily contact with Doe. Armstrong is reported to have raised her arms up to push Doe but retracted them before making contact a second time.
This incident is reported to have taken place during business hours and in front of a citizen/customer during an office argument. Armstrong was reported to have taken “a wide stance with her legs to take up the whole aisle and made bodily contact with her [Doe].” The stance was described as holding her fists clenched just in front of her pelvis and conducting a pelvic thrust into the body of Doe.
Doe said that this was not the first negative confrontation with Armstrong and provided written testament of several previous verbal altercations over the previous six months
Finance Director Lonnie Clark, Doe’s supervisor, cooperated in compilation of the police report. In the report Clark “stated he felt this was a very toxic environment to work in for everyone and mostly due to Ann Armstrong. Most everyone is scared of her to an extent since she is an elected official and they feel she cannot be taken out of office.”
The report stated Clark was witness to “a lot of yelling” and stated there is video surveillance of the incident from courthouse cameras. It was stated that Clark and city employee Don Matt reviewed the surveillance of the incident and would share it with police.
The video was received from two cameras at city hall and viewed with no audio. It was reported that the video shows Armstrong and Doe arguing on Nov. 14 at 15:29:02 hours [3:29 p.m.] and Doe tries to walk by Armstrong, but Armstrong blocks the hallway with her body and pushes Doe backwards.
Doe retreats back down the hallway and they continue to argue. About a minute later Armstrong passes Doe in the hallway, and their arms touch as they pass each other. Clark was reported to say, “This has been an ongoing thing between [Jane Doe] and Ann.” Clark stated that Doe had previously come to him and reported several incidents of Armstrong being mean to Doe. Clark then said, “but nothing like this.”
Kim Stryker, witness and mayoral assistant, also heard “a lot of yelling and commotion.” Stryker is reported to say “[Jane Doe] does tend to provoke Ann to an extent and it takes two people to have an argument.” Stryker said she observed Armstrong to be quite angry that day.
Linda McBride said that while she was present during the argument, “The police never contacted me.”
On Dec. 5, 2019 Eureka Springs Police Chief Brian Young was advised that this case would be rejected by Arkansas State Police because they only accept cases with felony charges, not misdemeanors. Therefore, Young was advised to refer the case to Carroll County Sheriff Jim Ross.
Young provided CCSO with the documentation, including the video.
CCSO confirmed receipt of the case citing Doe as the victim and Armstrong as the suspect. CCSO logged the case as an offense of “disorderly conduct” and provided a copy of the video to the Independent.
A supplemental report from the CCSO dated Friday, Dec. 20, 2019 states, “After further review of this case a warrant affidavit was sent to Chief Prosecutor Craig Parker for review.”
But in a letter dated Jan. 2, 2020 from Carroll County Deputy Prosecuting Attorney Thomas Allgood, the state decided not to file charges against Armstrong for assault in the 2nd or 3rd degree stating there is not probable cause and, “The conduct by Ann Armstrong does not appear to rise to the level of conduct that presents an appreciable risk of physical injury to another person…”
The letter also rejects an affidavit for arrest warrant of Armstrong on a charge of disorderly conduct citing that “the physical posture adopted (and the physical actions engaged in) by Armstrong during this incident do not qualify as fighting, and do not rise in character to the level of violent, threatening or tumultuous behavior.”
The letter went on to say that the events of the case “do not appear to satisfy the alternative elements present in the Disorderly Conduct statue. Therefore, the State will not proceed on a charge of disorderly conduct.”
CCSO closed the case with an Exceptional Clearance-B coding, used when the prosecution declines arrest for other than lack of probable cause.
In December 2019, after the November assault but before the closing of the case in January, Jane Doe was terminated from Eureka Springs City employment by Finance Director Lonnie Clark. Clark said the termination was due to not providing for the effective, efficient operation of the finance department for the City of Eureka Springs.
In a Freedom of Information request dated March 5, 2020 asking for any and all disciplinary action and/or reprimands regarding city employee Jane Doe, Clark responded: “There are no disciplinary documents in any files relative to this individual.”
Armstrong responded that she had no comment.
Takes two to tango…