WHEELER v. CITY OF SEARCY | Case No. 4:18CV00859... | 20200602824| Leagle.com
May 27, 2020
BRANDON LEE WHEELER, Plaintiff, v. CITY of SEARCY, ARKANSAS, ET AL., Defendants.
United States District Court, E.D. Arkansas, Central Division.
Plaintiff Brandon Lee Wheeler ("Wheeler") brings this action under 42 U.S.C. 1983, charging that his constitutional rights were violated when he was arrested for capital murder and abuse of a corpse, charges that a prosecutor eventually dismissed by
nolle prosequi, with leave of court.
II. Background
On October 5, 1994, David Green contacted the Searcy Police Department ("Searcy PD") to report that his twenty-year-old son, Jarrod Green ("Green"), had been missing since 8:00 p.m. on September 30, 1994. A related SPD report stated: "The complainant stated that his son had left the complainant's home to meet with a Brandon Wheeler, . . . because his son owed Brandon Wheeler money for drugs."
1After receiving the missing person report, the SPD began an extensive investigation into Green's disappearance. On September 17, 1995, almost a year after Green went missing, an individual named Charles Langley ("Langley") provided the following statement:
Sometime late last year, Brandon Wheeler and Jason Webb came to my house in Higginson. They had come to sell me some crystal. While there[,] they asked me if I wanted to get rid of someone for them because he owed them $7,500. The guy they wanted to get rid of was [Jarrod]2 Green. Sometime later in December they came to my house again and said that Jason Green was no longer a problem, that he had been taken out of the picture. They told me that they had grabbed him at the [Walmart] store and took care of him. Both. . . guys used to get at [a lot] of guns from the Higginson gun store. They would deal with the son of the store owner. Later they talked about getting rid of this guy[,] and I told them that I didn't want anything to do with them.3
SPD officers concluded that Jarrod Green was deceased and that Wheeler had murdered him, but they did not pursue charges because evidence was lacking.
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