Wednesday, May 1, 1996

Arrest by police chief candidate in Brownwood may be investigated

By LORETTA FULTON
Regional Editor

BROWNWOOD - The Brownwood Police Department issued a statement Tuesday regarding an arrest made last week by one of the three candidates in Saturday's race for police chief.

Lt. John C. Harper is a candidate along with Virgil Cowin and Garry L. Page in the race to replace retiring Chief Joe Robbins.

A narrative of Harper's explanation of an arrest last Friday was read to media by Detective Brock Johnson, explaining why a local man, Jeff Kuykendall, was arrested at a softball field as a suspect in a sexual assault case.

Kuykendall later was released and no charges were filed.

"He is not a suspect in the case," Johnson said of Kuykendall.

The case involved two juvenile girls who claimed they were sexually assaulted in December, Johnson said. The girls were ages 9 and 11 at the time of the alleged offense.

Johnson said another man previously had been identified by the girls as the assailant. DNA testing on that man and Kuykendall excluded both as suspects, Johnson said.

Johnson said he did not know whether Harper's action in arresting Kuykendall would be investigated further.

"That's going to be a later event," if it happens, he said.

According to Harper's explanation of last Friday's arrest, he was at the Lady Lions softball field at 9:45 p.m. when the mother of one of the alleged victims ran up to him shouting, "That's the man, that's the man."

Harper said the man matched the description of the alleged assailant given by the girls in December.

Harper said he issued several calls for backup help from the police department and watched Kuykendall until help arrived. Precinct 4 Constable Patrick Mahoney arrived and later four police officers came, Harper said.

Harper and Mahoney approached Kuykendall and "took him by the arms, which were placed behind him in an arm bar," Harper's statement said.

Harper said he identified himself as a police officer and told Kuykendall he was under arrest.
"He cooperated and we handcuffed him without incident," Harper said.

Harper then talked with District Attorney Lee Haney by telephone and told him what had transpired.
"Haney instructed me to release Kuykendall pending further investigation/review because of a conflict with a previous identification made by the victims."

At the police station, Kuykendall voluntarily consented to a blood analysis, Johnson said.
Johnson said Kuykendall was "arrested but not jailed" and that no charges were filed against him.