Prosecutor: No Charges For Former Benton County Dive Team Members

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BENTONVILLE (KFSM) -- Charges won't be filed against two former members of the Benton County dive team after the pair reached a deal with prosecutors to pay roughly $2,500 to the dive team.

James Downum and Chris Perry faced theft of services charges for using county equipment in July to recover a private boat for profit, according to a probable cause affidavit.

Downum and Perry agreed to a diversion order that will keep charges from being filed pending they fulfill restitution requirements and abstain from similar criminal offenses for six months, according to Nathan Smith, Benton County prosecutor.

Benton County Circuit Judge Brad Karren approved the diversion order on Monday (Oct. 9).

Smith said he believes Downum and Perry will live up to the agreement, adding that this agreement "makes the county whole" and ensures accountability for tax payers.

Ben Catterlin, a Fayetteville attorney representing both Downum and Perry, said Monday his clients were ready to move forward on the agreement after starting negations with the county.