BENTONVILLE — A local circuit judge found former state Rep. Austin McCollum willfully violated the terms of his release from jail when he was at the same place as his wife after being ordered not to have any contact with her.
Judge Brad Karren issued his ruling Monday after a hearing on prosecutors’ motion to revoke McCollum’s bond related to his August arrest on domestic violence charges.
The judge and prosecutors — along with McCollum and his attorney, Shane Wilkinson — were in the judge’s chambers, and proceedings were shown by a live feed on a screen in Karren’s courtroom.
McCollum, the Republican nominee for Benton County judge, was arrested Sept. 29 on suspicion of felony stalking and violation of an order of protection. He had been free at the time on $10,000 bond after his Aug. 1 arrest and prohibited from having any contact with his wife.
Karren revoked McCollum’s $10,000 bond and increased it to $75,000.
“I’m deeply concerned about Mrs. McCollum’s safety,” Joshua Robinson, Benton County’s chief deputy prosecutor, said when he recommended the judge set a $350,000 cash only bond and order Austin McCollum to wear an ankle monitor.
McCollum was already being held on a $150,000 cash only bond after he was arrested last week and accused of stalking and violating an order of protection.
McCollum must pay $150,000 along with 10% of the $75,000 bond in order to be released from the Benton County Jail. He also must wear an ankle monitor and remain 1,500 feet from his wife and her home, workplace and church. The judge ordered him to remain 350 feet from his children’s daycare.
Karren told McCollum he was concerned since the former legislator did not follow the orders of two other judges who ordered him not to have any contact with his wife.
The motion to revoke bond filed Wednesday states that during the week of Sept. 20, McCollum was observed at an open house for prospective new attendees at Shiloh Christian School. His wife, Ragen McCollum, through her attorney, informed her husband, through his attorney, she would be present at the school from 9-11 a.m., according to the motion.
Ragen McCollum observed her husband at the school while she was touring the facility and he was within 1,500 feet of her, the motion states.
After touring the school, Ragen McCollum requested school security escort her to her vehicle, and once she was in the parking lot, she saw Austin McCollum had parked near her vehicle, according to the motion.
Additionally, an employee at Wee Friends, the couple’s children’s daycare, saw Austin McCollum driving Sept. 28 through the parking lot, and she noted McCollum was near the school entrance as he drove away, according to a probable cause affidavit. The worker said the incident occurred around 6 p.m., a common time for Ragen McCollum to pick the children up, the affidavit states.
Ragen McCollum kept her children out of school the following day, the affidavit states.
Sgt. Ralph Bartley, a detective with the Benton County Sheriff’s Office, testified Monday he became involved in the case after McCollum’s Aug. 1 arrest. Bartley testified about McCollum being at Shiloh Christian School and his interactions with the daycare.
Robinson, the chief deputy prosecutor, showed a video of Bartley’s interview with McCollum after his arrest.
McCollum said during the interview he arrived at the school for a tour, but left after learning his wife was still taking her tour. He said he returned after a person from the school called and told him his wife’s tour had ended.
McCollum did not go into detail about driving through the parking lot of Wee Friends on Sept. 28. However, he did talk about walking the next morning on a sidewalk across from the daycare.
He told Bartley he had attended an Alcoholics Anonymous meeting at United Methodist Church in downtown Bentonville, which houses the daycare. He was walking on a sidewalk on Second Street and was not on the daycare’s campus, McCollum said.
Bartley questioned McCollum and whether he understood his actions could be considered stalking.
“No, I don’t,” McCollum replied. “It’s a public street. I have no idea where she is or where my kids are. Why? Because I’m not allowed to.”
McCollum, who seemed to be almost crying during parts of the interview, told Bartley his two children run to him and say, “Daddy, I love you.” He also complained about not knowing how his son broke his foot.
Wilkinson questioned Bartley about the meeting and presented what he said was a sign-in sheet showing his client had attended a meeting. The attorney also asked Bartley whether he had seized McCollum’s cellphone.
Bartley said he was waiting to obtain a warrant to examine McCollum’s phone.
Wilkinson said he believes the phone records will show someone called his client to return to the school after his wife’s tour ended.
Alicia Brown, admissions director for Shiloh Christian, testified McCollum signed up the night before for the 11 a.m. tour on Sept. 22 at the school. Brown said McCollum’s wife took the 9 a.m. tour, and each tour lasts 90 minutes to two hours.
Austin McCollum never received the confirmation for his tour because he signed up the night before, Brown said.
Tommy Ishmael, a security officer at the school, testified at the hearing while Robinson presented surveillance video of Austin McCollum at the school.
Ishmael said McCollum arrived at the school at 10 a.m. Sept. 22, and the video shows him walking on campus and looking into his wife’s sport utility vehicle. Ishmael identified himself in a video showing him walking Ragen McCollum to her vehicle.
Ishmael said he saw Austin McCollum standing outside his vehicle while he was with Ragen McCollum. “He was facing us and not the school,” Ishmael said.
Robinson also showed McCollum a video of Ragen McCollum while on the tour, and Ishmael said Austin McCollum was in a video in the school at the same time where he could see his wife.
“You don’t know if he did see her,” Wilkinson asked Ishmael.
Ishmael said he was not sure if McCollum saw his wife and agreed with Wilkinson a school staff member brought McCollum to that area of the school.
Robinson agreed Austin McCollum gave his number to a school employee and she called him when his wife’s tour ended.
McCollum did not testify at the hearing. He said he was following his attorney’s advice not to testify.
Robinson said prosecutors had presented evidence showing Austin McCollum was within 1,500 feet of his wife at the school. He entered the campus 57 minutes before his appointment time and was late for his tour and was in the parking lot looking at his wife and Ishmael.
Those actions went into violating a no-contact order and the focus of McCollum’s actions was on his wife to make sure she knows he’s around, Robinson said.
“I’m deeply concerned about his escalating behavior and Mrs. McCollum’s safety if he posts bond,” Robinson said.
Wilkinson said he believes his client is entitled to a bond. He was critical of the stalking charge against his client.
Wilkinson said he believes his client, who is facing a non-capital offense, is entitled to a bond. There’s no evidence Ragen McCollum was in the parking lot and his client was on a public sidewalk across from the daycare, Wilkinson said.
Wilkinson added he did not think prosecutors could show Austin McCollum willfully violated the conditions of his bond.
Karren said while making his ruling Austin McCollum confirmed his wife’s vehicle was in the parking lot of Shiloh and he did not leave the school. He said Austin McCollum entered the building at 10:13 a.m. and an employee told him the tours were at least 90 minutes long and he knew his wife might still be there since she was on a tour that started at 9 a.m.
Austin McCollum “was supposed to stay at least five football fields away from her,” Karren said.
Karren said McCollum was parked about 12 spots, or 109 feet, from his wife. He sat in the parking lot and looked at his wife for a few minutes and knew she and Ishmael were looking at him.
After his arrest in August, McCollum was charged with domestic battering, aggravated assault and false imprisonment, all felonies. He pleaded not guilty to those charges.
Benton County Circuit Judge Xollie Duncan granted an order of protection in August to McCollum’s wife and prohibited him from being around her or the children. She warned McCollum about the consequences of violating the order.
Ragen McCollum described incidents of abuse when she filed a request in August for the order of protection. She testified during a hearing in late August and described being punched and kicked by her husband. She also accused him of pushing her down the stairs and hitting her with his vehicle.
Photos of an injured Ragen McCollum were presented as evidence.
Austin McCollum, who was dressed in a suit and tie instead of jail attire, did not testify during the hearing.
His initial arrest came after Benton County sheriff’s deputies went to his residence in response to a 911 call.
A probable cause affidavit states McCollum and his wife arrived home around midnight Aug. 1 and started to argue. McCollum is accused of throwing shoes and other items at his wife during the argument as well as holding her face-down on a bed before climbing on top of her and driving his knee into the back of her neck, restricting her breathing.
When his wife briefly got away, he slammed a door onto her hand, injuring her fingers, before punching her in the face, throwing her to the ground and slamming her head against the floor repeatedly, the affidavit states.
When it was over, he tried to coerce his wife into cleaning herself up and hiding the blood, deputies reported.
Austin McCollum’s next court appearance in the two criminal cases is set for Dec. 1 in Karren’s court.
Austin McCollum has no opponent in the November election for Benton County judge.
Current County Judge Barry Moehring has recommended McCollum refuse to take the oath of office, in which case Moehring said he would stay in the office until the Quorum Court can name a successor.
Tracy M. Neal can be reached by email at [email protected].
Tracy Neal is an award-winning reporter who covers criminal justice (courts and crime) for the Northwest Arkansas Democrat-Gazette. He’s been a reporter in Northwest Arkansas for more than two decades. He’s from Bastrop, La.
