By JOE MAY |The Southern Standard
No charges will be filed against Gurdon City Marshal Don Childres after it was discovered that he drew both Worker’s Compensation disability pay as well as his salary for over a year.
According to a letter sent from Special Prosecutor Jeanna Sherrill to Grisham Phillips, who was a pointed as special judge in the case, Childres was injured in December 2020 and unable to work. While his doctors said he could return to work with restrictions, the city recorder/treasurer indicated there were no such positions available, the letter states.
The city continued to pay him his salary as marshal while he also drew disability pay. The letter notes that he received $53,672 in overpayment, which led to Clark County Prosecuting Attorney Dan Turner recommending that a special judge and prosecutor be appointed to look into charges of theft.
In April 2022, the letter stated that the Municipal League received information that Childres was receiving both his salary and disability pay. In an interview with Special Agent Jay P. Messiet of the Attorney General’s Public Integrity Division, City Treasurer Amy Woods said she was unaware that Childres could not draw both paychecks as the city had not previously had s much a situation arise.
Woods told the newspaper that she paid the marshal his salary because she had been directed to do so.
Childres told the agent in an interview that he had not been managing his finances while dealing with his injury and was unaware of the amount of money he was receiving, the letter states. During this time, he underwent two shoulder surgeries for a torn rotator cuff and suffered a stroke. His wife, Tambra, said the Municipal League had been aware that he would continue receiving his salary since he was an elected official.
Woods told the newspaper that she had been informed the Municipal League that Childres would still be drawing his salary since he was an elected official.
“I noted on his original paperwork that he would continue to receive his regular salary from the city,” she said. “I was told we could not stop his salary because of a certain statute that says an elected official’s salary may not be reduced during their term unless they agree to it.”
Later, she said the League contacted her after nearly a year of Childres receiving both checks and told her to stop paying him.
After interviewing Childres, the special prosecutor opted to not file charges in the case.
“After considering the evidence, the State has determined that although Mr. [Childres] was overpaid by the City of Gurdon, there is insufficient evidence to establish the requisite mental state of a ‘knowing’ violation, which would be required to support a criminal charge. Accordingly the State has determined that it cannot prove beyond a reasonable doubt that a criminal offense occurred and it will not pursue prosecution in this manner,” Sherill wrote.
Council considers abolishing elected position in favor of appointed slot
Due to ongoing issues with the marshal’s office as well as budget problems, the city council last week considered an ordinance to nix the elected marshal’s position in favor of a marshal who would be appointed by the council. Gurdon is the last city in Arkansas that still has an elected city marshal.
In 2025, several of the deputy marshals were suspended for not completing required training, and the city was fined for the oversight.
At an often-contentious city council meeting on Tuesday, May 12, Councilman Billy Tarpley introduced an ordinance that, if passed, would make the marshal’s office an appointed position under the authority of the city. It passed on its first reading, but the council will have two more readings before opting whether to adopt the measure.
It is not the first time the move has been considered. During the tenure of former Mayor Rick Smith when David Childres was serving as marshal, the city debated making the position an appointed one, ultimately taking no action on the matter.
Besides calling for the position to be filled by appointment, the ordinance would nullify the requirement that the marshal resides in the city limits.
The ordinance states that “the City council of the City of Gurdon finds that appointing the City Marshal will promote efficiency, professionalism, continuity and accountability in law enforcement.”
In addition, the ordinance calls for the appointed marshal to be selected or removed by the mayor and work under the direction of that office. The city council may override such an action by a two-thirds vote.
The ordinance, if passed, would take effect on Jan. 1, 2027. Childres has already announced that he is retiring as of that date, when his current term expires.
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