SULPHUR SPRINGS — The Sulphur Springs mayor and an alderman won’t face criminal charges following a June incident in the town park.

Deputy prosecutor A.J. Anglin confirmed Wednesday the office will not pursue charges against Mayor Bob Simon and Alderman William Medley in connection with an encounter with several people playing basketball in the park.

Simon and Medley could have faced criminal impersonation charges if the case had gone forward. The Arkansas State Police investigated the case at the request of the Benton County prosecutor.

The criminal impersonation statute requires false impersonation for the purpose to injure or defraud another person, Anglin said.

“The mayor and alderman had no intent to defraud or injure anyone,” Anglin said.

Simon had no comment on the decision but said racism allegations were untrue. Many of the people at the park that daywere from the Marshall Islands.

“It did not involve race,” Simon said. “It’s just our city law. We have ordinances on our city park.”

Medley also did not want to comment on the case.

“What you are telling me is news to me,” Medley said Wednesday.

Simon and Medley, both armed, went to the park in a patrol car, according to documents filed in the case. Medley was wearing a holster with a Starfire .40-caliber pistol and Simon had a .38- caliber pistol in his pocket. Simon was wearing a badge with the word “Mayor” on it, according to the documents.

Simon said he was passing the park and saw a man urinating. Simon stopped and asked the man to stop and the man cursed him, according to information in the file.

Simon then retrieved a patrol car and came back to the park with Medley. Simon claims he went to collect the $25 cleanup fee and $10 usage fee as authorized by the city ordinance.

According to the ordinance, any group can reserve any park shelter or playground area for aspecific time and date not to exceed eight hours. The ordinance requires each group to pay a $25 usage fee and a $10 cleanup fee.

Simon asked the group playing basketball if anyone was in charge. Dominic Kanas stepped forward and Simon told him about the fees. Kanas then paid $35, according to the case file.

Simon called 911 and the Benton County Sheriff’s Office responded after Simon claimed his wife was threatened by a man at the park.

Sheriff ’s Office deputies didn’t see Simon or Medley with a gun. The deputies also reported Simon and Medley were not wearing any type of uniform, according to the report.

Mylove Michael of Noel, Mo., reported two men showed up in a police car while the group was playing basketball and told those playing they had to pay a fee. Michael said the men were not in uniform but one man had a badge on his belt and the other had a small handgun in a holster.

Kanas, of Miami, Okla., claimed neither man had on a uniform, wore a badge or was carrying a gun. Kanas also said he paid the fees as requested by Simon,according to the report. The report states the group consisted of 100 to 200 people.

According to the report, some people in the group began surrounding the two deputies who responded to the call. One deputy had to place his hand on his service weapon and the individuals dispersed.

According to a police report, Vincent Welty came to the Sulphur Springs Police Department on June 21 and reported a majority of Marshall Islanders rent property from him and many came to him complaining about Simon and Medley telling a group they did not want them in the park and if they wanted to play basketball they would have to pay. Welty claimed Simon requested $50 to play basketball.

Michael and Kanas could not be reached for comment. Phone numbers listed for them have been disconnected.

The prosecutor’s file contained copies of two receipts showing Simon collected money from Kanas. One receipt was for $25 for a park rental and the other was for $10 for a cleanup fee. The file also contained numerous other receipts for rentals at the park.

Opinion, Pages 7 on 01/18/2012