Attorneys request hearing in Fort Smith FOIA response lawsuit
FORT SMITH, Ark. (KNWA/KFTA) — Attorneys who sued the city of Fort Smith on May 2, saying it failed to release all public records about Rebecca Cowan's hiring as internal auditor, are now requesting a court hearing.
Fort Smith attorneys Joey McCutchen and Stephen Napurano filed the lawsuit on May 2.
Cowan was unanimously approved by the Board of Directors on April 22, but the offer was rescinded after it was revealed she had a pending felony stalking charge.
The City of Fort Smith told Talk Business & Politics 'Human Resources produced the background check and relayed the information to Administration per City protocol.'
Acting City Administrator Jeff Dingman, in an email to McCutchen, said 'The background check information was delivered in hard copy. That record no longer exists. The Chief Human Resources Officer does not have a copy of the packet that was delivered. There is no hard copy.'
An email from Dingman, not included in the city's FOIA response, was later obtained directly from a board member, according to the lawsuit. This email stated that Dingman 'did not believe a background check was performed.'
The lawsuit also alleges the city failed to respond in a timely manner and may have withheld or destroyed public records.
In response to the lawsuit, the City of Fort Smith issued the following statement:
'To our knowledge, the City furnished all relevant documents in response to Mr. McCutchen's FOIA request and remains committed to openness and transparency.'
Arkansas State Police fatally shoot armed suspect after store altercation in Alma
Complaint-McCutchen-v-City-of-Ft-Smith-Jeff-DingmanDownload
According to Talk Business & Politics, Cowan, 48, is facing a felony stalking charge in Oklahoma.
Court documents say that on March 15, 2023, Cowan's husband found an AirTag zip-tied under his truck after getting a phone alert. The tag was later was traced to Cowan's number, according to a probable cause affidavit.
River Valley residents voice concerns about strong odor at public hearing
He was divorcing her at the time and claimed it was not the first time she had tracked him.
Cowan told a detective she only placed an AirTag in her daughter's bag, then stopped responding to follow-up calls. A friend confirmed where the AirTag was found and said Cowan had a history of stalking, according to the affidavit.
Cowan was arrested in connection with that case in Sebastian County on June 7, 2024, and was transferred to LeFlore County on June 10, 2024. She is set to appear in LeFlore County court in Poteau on May 21.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
7 hours ago
- Yahoo
Escaped inmate known as ‘Devil in the Ozarks' found a ‘short distance' from prison: sheriff
IZARD COUNTY, Ark. (KNWA/KFTA) — Escaped Arkansas inmate Grant Hardin, known as 'Devil in the Ozarks,' has been taking into custody, according to the Izard County Sheriff's Office. 'Hardin was taken into custody by Izard County authorities just a short distance from the North Central Unit in Calico Rock,' the Stone County Sheriff's Office said via Facebook. 'While many details will remain under investigation there is no longer an active threat to public safety.' Board of Corrections member Benny Magness also confirmed that Hardin is in custody. Hardin, who was serving time for murder and rape, was first reported missing from the North Central Unit nearly two weeks ago on May 25. Hardin managed to escape by impersonating a law enforcement official, according to a spokesperson for the Arkansas Department of Corrections. Hardin impersonated an officer 'in dress and manner, causing the corrections officer operating a secure gate to open the gate and allow Inmate Hardin to walk away from the North Central Unit,' according to a probable cause affidavit obtained by Nexstar's KNWA. Magness said he was captured about a mile from the unit in the woods, with help from a specialized unit from border patrol. During the nearly two weeks that Hardin spent outside of the prison, authorities launched a massive manhunt that included local, state and federal agencies. The search for Hardin was complicated by the rocky, rough terrain that includes dense forests and an extensive network of caves. 'Thanks to the great work of local, state and federal law enforcement Arkansans can breathe a sigh of relief and I can confirm that violent criminal Grant Hardin is back in custody,' said Governor Sarah Sanders. 'I am grateful for all law enforcement who contributed to his capture and give special thanks to the Trump administration and Secretary Kristi Noem, who sent a team from Border Patrol that was instrumental in tracking and apprehending Hardin.' 'This was a great joint operation by a number of agencies, and I'm so thankful for their tireless efforts,' said Director of Division of Corrections Dexter Payne. 'The Arkansas State Police, U.S. Marshals, FBI, Border Patrol, Game and Fish, all the state and local agencies, along with the dedication of our Department employees, all played an indispensable role and I express my extreme gratitude.' Hardin, who was previously the chief of police in the small Arkansas town of Gateway, located near the Missouri border, had been incarcerated at Calico Rock since 2017. He was serving 30 years after pleading guilty to murder in the fatal shooting of 59-year-old James Appleton, an employee for the Gateway water department. The prison term is in addition to a 50-year sentence for raping a teacher inside a Rogers, Arkansas elementary school in 1997. This is a developing story. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
7 hours ago
- Yahoo
Grant Hardin taken into custody, Izard County Sheriff's Office says
IZARD COUNTY, Ark. (KNWA/KFTA) — Escaped Arkansas inmate Grant Hardin has been taken into custody, according to the Izard County Sheriff's Office. Board of Corrections member Benny Magness confirmed that convicted murderer and rapist Hardin is now in custody. He was located approximately 1.5 miles northwest of the prison grounds after bloodhounds caught his scent, according to the Arkansas Depart of Corrections. Hardin's identity was also confirmed through finger printing, the Izard County Sheriff's Office said in a Facebook post. 'Hardin was taken into custody by Izard County authorities just a short distance from the North Central Unit in Calico Rock,' the Stone County Sheriff's Office said via Facebook. 'While many details will remain under investigation there is no longer an active threat to public safety.' 'Arkansans can breathe a sigh of relief because violent criminal Grant Hardin is now in custody,' Arkansas Governor Sarah Huckabee Sanders said in a statement via X. 'I am grateful for local, state and federal law enforcement and give special thanks to the Trump admin and [Secretary Kristi Noem], for sending Border Patrol who helped track and apprehend Hardin.' To learn more about the Hunt for Hardin, click 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
8 hours ago
- Yahoo
STATEMENT OF ATTORNEY AND FAMILY SPOKESPERSON MICHELLE D. BERNARD Following Open-Casket Memorial for Dr. Marvin Boomer, Jr.
OAKLAND, Calif., June 6, 2025 /PRNewswire/ -- Good afternoon, beloved community. We gather here today not merely in mourning, but in righteous indignation. We gather in remembrance—but also in resistance. Because a son of Oakland, a son of this nation, a brilliant Black man named Dr. Marvin Boomer, Jr., has been stolen from us. Now I stand here today not only as an attorney, but as a sister in the struggle. I speak not only as a legal representative, but as a mother, a daughter, a woman who has seen too many families crushed under the weight of injustice. I speak with a heavy heart and a righteous fire, because Marvin Boomer, Jr. should be alive today. He was not caught in a storm of his own making. He was not a suspect. He was not a statistic. He was a scholar, a teacher, a lover of justice, a defender of Black dignity. He was walking with his partner, Nina, when he saw death coming and put her safety before his own. He died a hero. And we will not allow that heroism to be silenced by bureaucratic excuses or policy failures cloaked in blue. So we say his name today: Dr. Marvin Boomer, Jr. And we will keep saying it until justice rolls down like water and righteousness like a mighty stream. Let me be clear: had this happened in Mill Valley, or Tiburon, or Stanford, or Woodside—if this had happened on streets paved with privilege and protection—Marvin Boomer would be alive. But in East Oakland, where Black and Brown lives are too often deemed expendable, the rules were different. The pursuit policies were different. And the consequences, as always, were deadly. This family is not only grieving—they are standing tall. They are saying enough is enough. And I am honored—deeply honored—to represent them in their pursuit of truth, accountability, and justice. So now, I invite you to meet the voices behind the pain and the purpose: His mother, a queen among women, Ms. Tina Boomer. His father, steadfast and courageous, Mr. Marvin Boomer, Sr. His sisters, each a beacon of strength and grace: Tynesha Boomer, Deborah Martin, and Brittany Boomer. And the woman who loved him, and whose life he saved with his last breath, Ms. Nina Woodruff. Hear them. See them. Stand with them. And say his name with us—not just today, but until justice is served. #JusticeForDrMarvinBoomerJr#SayHisName#BlackLivesMatter#NoMoreRecklessPursuits May God bless this family. May God bless this movement. And may Dr. Marvin Boomer, Jr.'s legacy light the path forward—for all of us. Contact:Michelle D. Bernard, & CEO, The Bernard Center for Women, Politics & Public PolicyEmail: mbernard@ (301) 807-2394 View original content to download multimedia: SOURCE Bernard Center for Women, Politics & Public Policy Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
