What was Sheriff Byrd's role in this (how much do you think he made)?

Jail sex likely to put inmate back in prison

JAY MEISEL, ARKANSAS DEMOCRAT-GAZETTE

PERRYVILLE -- A state prisoner at the Perry County jail likely will be returned to the Arkansas Department of Correction after an investigation showed he had sex with a female inmate at the lockup, authorities said Friday.

According to the investigation, David Scott Noggle, 31, who was convicted of rape in Faulkner County and sentenced to prison for 25 years, apparently had sex with the female inmate. Noggle is a state prisoner at the jail under the Act 309 program, which allows county sheriffs to house prisoners to work at the jail.

Authorities conducted the investigation after the woman alleged that she had been raped by Noggle and two other Act 309 prisoners at the jail. DNA tests conducted as part of the investigation could not confirm whether the other men had had sex with her. However, the tests gave a positive reading for Noggle.

The woman, who was later moved to the Faulkner County jail, was being held at the Perry County jail on prescription fraud charges.

Dina Tyler, speaking for the Correction Department, said that the results of the investigation make it appear that Noggle violated the Act 309 program because it prohibits a prisoner from having sex with another prisoner.

Tyler added that department officials will review the case to determine whether an investigation of the Act 309 program at the Perry County jail is warranted.

Perry County Prosecuting Attorney Larry Jegley said Thursday that he decided not to file any criminal charges because he believes the evidence shows that the woman consented to sex with Noggle.

The woman told investigators that on April 9, 1997, Noggle raped her and she performed oral sex on the two other 309 prisoners.

She said that the next day Noggle "gave me a pair of white boxers with 'I love you' and 'Scott's property' with an arrow pointing down to the crotch area."

Jegley, said, however, the investigation showed that the woman had written numerous letters to Noggle to ask him for sex. Noggle told authorities that after the woman was moved to the Faulkner County jail, she called him and asked him to destroy the letters.

Perry County Sheriff Ray Byrd said that his investigation shows that if Noggle and the woman had sex, it was through a cell door. Doubting the woman's allegations, Byrd added that woman changed her story three times.

"There's no way a rape could occur in this jail," Byrd said. Also, he said, Noggle didn't have a key to get inside the cell.

Byrd said that a guard, Noggle and a county jail trusty were delivering breakfast to prisoners when the guard had to answer a call. He said the trusty told him that he saw the woman grab Noggle's hand and Noggle "gave him a nod as if to step out."

The county prisoner reported that he returned to the area in no more than a minute and a half.

The sheriff said the Act 309 male prisoners no longer deliver food to female prisoners.

Byrd said Noggle was a model prisoner and worked at least seven hours every day of the week. Because Noggle is convicted of committing a violent offense, he performs all his work inside, the sheriff said.

But some object to Noggle being an Act 309 prisoner.

Capt. Mark Elsinger of the Conway Police Department said he questions whether a violent offender should become an Act 309 prisoner, especially during the early part of a sentence. Elsinger also said a rapist shouldn't be sent to a jail as close as the one in Perry County is to Faulkner County.

State law requires the Act 309 prisoner to be within 30 months of his parole date. But, Tyler said, there can be an early transfer if the sheriff in the county where the person was convicted agrees.

Byrd said he decided to ask that Noggle be transferred to his jail because Noggle's family is close by. He noted that Noggle's father is a retired police officer.

Byrd said he knows objections exist to the Act 309 program.

"If victims or police agencies had their say on 309 prisoners, probably there wouldn't be a program," Byrd said.