BENTONVILLE — A Gravette man was identified and arrested as a suspect in an armed home invasion, but it turned out to be a case of incorrect identification.
Billy Fouts Jr., 20, was arrested last month in connection with aggravated robbery, kidnapping, first-degree terroristic threatening, second-degree battery and theft of property. Fouts appeared in court Monday for his arraignment, but Stuart Cearley, chief deputy prosecutor, announced charges would not be filed because Fouts was wrongly arrested.
"He's innocent," Nathan Smith, Benton County prosecutor, said Monday afternoon.
Fouts was arrested by Benton County Sheriff's deputies Nov. 2. A mistake was discovered after the arrest, Smith said. A later Sheriff's Office investigation also found Fouts did not commit the crimes.
Benton County Circuit Judge Brad Karren granted Cearley's request and told Fouts he had no further obligation to appear in court.
Two armed suspects entered a home near Gravette and forced one person to drive to the Bank of Gravett and withdraw money, according to court documents. Fouts was believed to have been one of the armed men.
John Alexander, a detective with the Sheriff's Office, said authorities initially were given still footage from the bank ATM and two bank employees identified Fouts as the person in the photograph. A Gravette police officer also identified Fouts as the person in the still footage, Alexander said.
The man who was taken to the bank was shown a photograph of Fouts but could not identify him as a suspect, according to court documents.
Detectives realized there had been an incorrect identification the next day when the bank provided video footage.
The suspect and Fouts both have tattoos on the same spot on an arm, Alexander said. Investigators could see the suspect's tattoo when they watched the video and discovered it did not match Fouts' tattoo.
Smith said his office did not review the probable cause affidavit before Fouts was arrested.
Fouts, who was released from custody on citation and was not held in the Benton County Jail to await a bond hearing, declined to comment after his court appearance. He referred questions to his attorney Doug Norwood, who could not be reached for comment later Monday.
Sgt. Paul Carter, who is assigned to the criminal investigation division at the Sheriff's Office, said Fouts would not have been arrested if the Sheriff's Office had received the video footage first. Carter said the case is an example as to why it is important for an investigation to continue even after an arrest has been made.
The Sheriff's Office is working to identify and arrest the two suspects, Alexander said.