The Fayetteville Police Department has turned the investigation into a disturbance involving two police officers at a Fayetteville restaurant over to the Washington County prosecuting attorney.
Surveillance video shows two men pulling out a gun at Billy's Pool Hall April 12.
Bar manager Adam Morano claims one of the off-duty officers pulled out a gun and began waving and pointing it at people.
Fayetteville Police Chief Greg Tabor wouldn't go on camera, but did tell us in a phone interview that he believes a crime was committed that night.
“Based on what I know now after what I've seen in the video and matter of fact I just read the conclusion of the detectives report and yes I do believe a crime was committed. I'm not going to talk about what kind of crimes because it's in the hands of the prosecutor,” said Tabor.
Chief Deputy Prosecuting Attorney Matt Durrett said charges could be filed against the two off-duty officers involved.
“One of them could be aggravated assault, terroristic threatening, there are a number of charges that are possible, we will just have to wait and see based on the evidence,” said Durrett.
Little Rock police officer Jeffrey Harris and Prairie Grove 4th judicial drug task force officer, Rex Frederick, were suspended April 15.
Since the Washington County Prosecutor’s office has a close relationship with Frederick, his case will be handed over to a conflict attorney in Little Rock, according to Durrett.
“We work with Detective Frederick not only on a daily basis but he is in and out of our office all the time so it’s just best if our office step back and let some independent third party take a look at it, review it and determine what should happen next,” said Durrett.
Police say the two off-duty officers were not arrested nor given breathalyzers or blood-alcohol tests.
Tabor said they weren't arrested at the scene because of conflicting statements from witnesses.
“The disturbance was over when we arrived, a lot of the facts were disputed now, I think the only thing that wasn't disputed is that the officers had too much to drink,” said Tabor.
The investigation by the Fayetteville Police Department required interviewing numerous witnesses which Durrett said could take a while to go through.