BULL SHOALS, Ark. (KTHV) - Accoring to the Baxter Bulletin, Bull Shoals Police Chief, Dan Sutterfield, who currently faces federal charges of excessive force and filing a false report in a July 9, 2013 arrest , may have other legal troubles ahead of him.
He is also under investigation for a workers' compensation claim for injuries allegedly suffered during the same incident.
James Daniel, CEO of the Arkansas Workers' Compensation Commission, confirmed Wednesday that Sutterfield, filed a claim for injuries he sustained arresting Nicholas Dore on an alleged domestic abuse assault in Bull Shoals.
"If you lie to obtain an insurance benefit, then you could be guilty of insurance fraud," said Bill Bryan, assistant director for the Criminal Investigation Division of Arkansas.
Bryan also noted that insurance fraud is a Class D felony, punishable by up to 10 years in prison and a maximum fine of $10,000.
The FBI arrested Sutterfield on Monday, alleging he kicked Dore, beat him with the butt of a shotgun and tased him repeatedly after Dore was handcuffed. Additionally, the FBI alleges Sutterfield told a junior officer to write a false account of the arrest in the incident report, justifying Sutterfield's excessive force.
Representing the U.S. Attorney's Office was lead prosecutor Kyra Jenner, of Fort Smith, though Washington, D.C., attorney Cindy Chung filed a notice of appearance with the court stating she would be representing the government in at least the probable cause hearing.
Should Sutterfield be convicted of the civil rights violation regarding excessive force, he faces up to 10 years in prison. The falsification charge carries a maximum penalty of 20 years in jail.
In the worker's comp claim by Sutterfield, he stated suffering an injury to his right leg while "arresting a violent offender." Sutterfield claimed a strain or sprain to the leg due to the struggle.
Since Dore's arrest, Sutterfield has not worked in his full capacity as chief of police. During a Bull Shoals city council meeting, Sutterfield informed the council he was hurt after falling over a couch while struggling with Dore.
In November of 2011, while working as police chief of Bull Shoals, Sutterfield had a hearing before the Arkansas Workers' Compensation Commission with Administrative Law Judge Chandra Hicks presiding.
Sutterfield was asking for workers' comp benefits for a left shoulder injury he received slipping on a patch of ice Feb. 9, 2010, while working as police chief of Mayflower.
In that case, according to his testimony, Sutterfield resigned his position under pressure from Mayflower Mayor Rick Holland, saying Holland threatened to "blacken" Sutterfield's record if he didn't resign.
Sutterfield alleged Holland wanted him gone because of the injury, which caused him to miss several months of work.
Holland told the judge Sutterfield was insubordinate, and that at the same time doctors released Sutterfield for light duty, the mayor asked Sutterfield to meet with him. Instead, Sutterfield went to city hall, picked up his paycheck and took his family to Florida for a vacation.
In her denial of the majority of compensation Sutterfield was seeking, Hicks noted he held several different jobs, which were just as physically demanding as the light duty Holland said Sutterfield could have performed for the city.