State Police officer indicted in Fite matter (Updated)

Editor’s note: Updates throughout the story.

Sebastian County Prosecutor Dan Shue has charged former Arkansas State Police investigator Chris Anderson with conspiracy to obtain criminal history information, a class A misdemeanor.

A statement issued Thursday (July 14) from Shue’s office said an arrest warrant was issued for Anderson.

If found guilty, Anderson faces up to one year in jail and a $2,500 fine. The trial could be held within the next 60 days.

The case stems from a legal challenge to the election status of Tom Fite during the race for the Arkansas House District 83 seat. Prior to the Nov. 2 election, Fite (R) faced Leslee Milam Post (D) for the Arkansas House District 83 seat opened with the term-limited Rep. Beverly Pyle, R-Cedarville, unable to seek re-election.

A legal challenge to Fite’s ballot status came from Michael Grulkey, who filed a lawsuit in Pulaski County Circuit Court saying Fite has a 1984 criminal conviction that makes him ineligible for election. Fite faced a federal jury trial in February 1984 on several counts of medicaid fraud and bribery. The trial, held in the Eastern District of Arkansas, ended in a mistrial, and Fite eventually pleaded guilty to a lesser misdemeanor charge and was given three years probation.

Pulaski County Circuit Court Judge Collins Kilgore ruled Fite ineligible, and on Nov. 1 the Arkansas Supreme Court upheld Kilgore’s ruling.

Fite fired back on Nov. 5 saying he had turned over information to Shue’s office that Anderson illegally used the Arkansas State Police database to check on Fite’s legal history.

An investigation began immediately after Fite’s allegation by the ASP and Shue’s office found Anderson and a computer operator guilty of illegal access.

“The ACIC terminal was used by that terminal operator to run a criminal history check on a Tom Fite, who was, at the time, a candidate for Arkansas State Representative, District 83. However, no criminal justice purpose existed for the inquiry,” noted the Thursday statement from Shue’s office. “The Arkansas State Police are administratively addressing all procedures to be followed in the criminal history process and are working closely with the Arkansas Crime Information Center to ensure future compliance with Arkansas law.”

Shue’s office added that the “investigation revealed insufficient evidence of a wider conspiracy involving any persons other than the terminal operator and Anderson, a former investigator with the Arkansas State Police, in this criminal offense.”

Fite said Thursday he is pleased with the indictment, but said the case is far from over.

“I’m going to keep my mouth shut and let the prosecutor do his job and see how it plays out,” Fite said Thursday “I just have to be patient and watch what happens,”

Bill Sadler, ASP spokesman, issued the following statement about the indictment: “The Arkansas State Police was requested by Prosecuting Attorney Shue to conduct the investigation that resulted in the charge against Anderson. The department commanders have already initiated a process to ensure that all State Police personnel with access to ACIC are aware of the applicable laws relating to the request and use of ACIC information.”