By a two to one vote, the Arkansas Ethics Commission determined that the purchase of a Taser by two time convicted felon and strip club/dive bar owner, William Marfogilo to ABC Enforcement Agent Jerrell Smith in 2014 was not a gift to Smith, but to the ABC.
This was in direct conflict with the Arkansas State Police investigation and the investigation of Ethics Commission staff.
It was even in conflict with testimony Smith gave at the probable cause hearing.
Smith testified that the Taser was purchased by Marfogilo for him. Smith also testified that he still possess the Taser and that he either intends to put it in a shadowbox (to remind him of his mistake) or give it to his son who is a law enforcement officer.
If the Taser was "gifted" to the ABC, then the ABC would have retained it when Smith was forced to resign by tainted ABC Enforcement Director Boyce Hamlet, Jr.
An appeal has been filed in Pulaski County Circuit Court and we will provide updates on its status.