By JOSH DOOLEY

jdooley@baxterbulletin.com

Sutterfield is now facing charges of conspiracy to make a false entry in a document with the intent to impede a federal investigation and aiding and abetting in the preparation of a false document

Three recordings reportedly made by Sutterfield are in the hands of technicians at the FBI laboratories in Quantico%2C Va.%2C for processing to see if the sound quality can be improved

In court documents recently made public, U.S. Attorney Conner Eldridge informed the U.S. District Court that the government is in possession of a recording embattled Bull Shoals Police Chief Daniel Sutterfield made when he allegedly threatened former department officer Brian Williams.

The court also released a superseding indictment of Sutterfield charging him with the additional crimes of conspiracy to make a false entry in a document with the intent to impede a federal investigation and aiding and abetting in the preparation of a false document.

Prior to the newest grand jury indictment, Sutterfield had faced a single charge of deprivation of rights under the color of law (use of excessive force).

Sutterfield's federal legal woes began with the July 9, 2013, domestic abuse arrest of Nicholas Dore. Sutterfield is alleged in an FBI investigation to have tased, kicked and beaten Dore after he was handcuffed, and then forced BSPD officer David Chatman to write a false report about the incident justifying the use of force.

In an affidavit asking for a search warrant, FBI agent Tim Akins wrote that Williams went to the Marion County Sheriff's Office in March and informed them of the incident with Dore — one he reported witnessing.

Two days later, Akins wrote, Sutterfield along with Mike Tovar — the current acting police chief of Bull Shoals — confronted Williams and asked if he had been speaking with Dore about the incident.

Sutterfield then is alleged to have told Williams if Dore filed a complaint, all of the officers involved could be arrested for filing a false police report. Williams told the FBI he perceived Sutterfield's statement as a threat, according to the affidavit.

Tovar admitted to the FBI that he went with Sutterfield when Williams was confronted. Tovar also said Sutterfield used a city-owned video/audio device to record the encounter. When Sutterfield was arrested by the FBI, he reportedly had the recorder and it was seized as normal procedure, according to Akins.

Three recordings, all reportedly made by Sutterfield, now are in the hands of technicians at the FBI laboratories in Quantico, Va., for processing to see if the sound quality can be improved, according to court documents.

Currently, Sutterfield is slated to go to trial July 15 in Fort Smith. Eldridge filed a motion to delay the start of the trial until July 23, because Akins is set to testify in another case during the same time frame. Sutterfield's federal public defender, Bruce Eddy, filed a motion objecting to the request for a continuance.

Eddy noted he has a trial set for the time period Eldridge wants Sutterfield's trial to occur. Further, Eddy noted a "key" defense witness also would be unavailable during the new date requested.

Sutterfield, according to court documents, remains in the custody of Bull Shoals Mayor Bruce Powell. Part of the conditions of his release require Sutterfield to sleep at Powell's residence, just two doors down from where his family lives.

While Sutterfield can be in his own home, the conditions of his release state he must spend every night at the mayor's home. Initially, Powell kept Sutterfield on the job, without a weapon performing office duties. Later, Sutterfield was placed on unpaid administrative leave.