Scott Finkbeiner: State Charges, Federal Sentence, and Successor

Derek “Scott” Finkbeiner, the former sheriff of Hot Spring County, Arkansas, was sentenced on August 20, 2025, to 24 months in federal prison for concealing material facts from the FBI. He had used crack cocaine and methamphetamine with the target of a federal narcotics investigation, lied to agents to protect his supplier, and solicited sex from women at the dealer’s home. He also pleaded guilty to state misdemeanors for sexual solicitation and unauthorized use of a law enforcement database.¹

Finkbeiner took office in January 2023. By May of that year the FBI had learned of his drug use, and by August he was actively interfering with a federal narcotics case. He resigned on February 18, 2025, four days after accepting a federal plea deal.¹²

What Finkbeiner Did

The case grew out of an FBI investigation into Kenneth Wayne Smith, a methamphetamine dealer in Perla. Smith and Finkbeiner had known each other for decades. An FBI affidavit described the two as having been “like brothers” for 35 to 40 years.³

Finkbeiner admitted to smoking crack cocaine and methamphetamine with Smith at the dealer’s home. Federal prosecutors said he drove his official law enforcement vehicle to the residence and carried firearms, including what the government described as a “fully automatic assault rifle,” before, during, and after consuming illegal drugs. The FBI affidavit also alleged that on a May 21, 2023 visit, Finkbeiner used methamphetamine and propositioned the FBI’s confidential informant for sex. Prosecutors later argued that Finkbeiner used his position to “access female drug users for illicit purposes” and pressured women to perform sex acts at the dealer’s home.¹⁴³

When Finkbeiner learned in August 2023 that the FBI was investigating Smith, he tried to shut the investigation down. Between August 19 and August 24, 2023, he misled agents about his relationship with Smith and about his department’s dealings with him. He tried to convince the FBI that Smith’s home was not a significant trafficking location and attempted to pass Smith off as a law enforcement informant rather than a target. According to the affidavit, he also warned an associate about an FBI pole camera, threatened to arrest agents who entered a 14-block perimeter he tried to establish around the area, and suggested he would tell a person to invoke the Fifth Amendment to avoid speaking with the FBI.⁵³

On February 14, 2025, Finkbeiner pleaded guilty in U.S. District Court for the Western District of Arkansas to one count of engaging in a scheme to conceal a material fact from a governmental agency. The charge carried a maximum penalty of five years.⁵

The State Charges

On April 10, 2024, the Arkansas State Police Criminal Investigation Division arrested Finkbeiner on state charges: a felony count of unauthorized use of the Arkansas Crime Information Center for personal gain, and a misdemeanor count of sexual solicitation. He posted a $10,000 bond. The arrest affidavit was sealed to protect the jury pool, and special prosecutor Robbie Jones was appointed to handle the case.⁶⁷

On July 29, 2025, Finkbeiner pleaded guilty in Hot Spring County Circuit Court to two misdemeanors: unauthorized use of a database and sexual solicitation. The original felony database charge was reduced. Circuit Judge Margaret Dobson sentenced him to 180 days in jail for the database misuse and 90 days for solicitation, to run concurrently, and fined him $4,500.⁸

Jailed Before Federal Sentencing

Finkbeiner was initially released pending sentencing on the condition that he not contact any witnesses. Eight days after his federal plea, he allegedly attempted to reach a witness using the encrypted app Signal, and a screenshot of the incoming call was later shown to the court. The court issued an arrest warrant on May 1, 2025, and he was jailed in Saline County the next day. On May 5, Judge Barry A. Bryant ordered him held in the custody of the U.S. Marshals for violating his release conditions. His attorney, Jeff Rosenzweig, said Finkbeiner believed the individual “was no longer a witness” and indicated he would appeal the detention ruling. A federal judge later denied a request to move him to a federal medical facility, and he remained in the Saline County Detention Center through the summer.⁹¹⁰

The Federal Sentence

Federal sentencing guidelines called for 10 to 16 months. On June 13, 2025, prosecutors moved for an upward variance. Assistant U.S. Attorney Bryan Achorn called the case “both egregious and shocking” and listed the aggravating factors: abusing sheriff’s authority to shield a personal drug dealer, driving an official vehicle to the dealer’s home, carrying a fully automatic assault rifle while using drugs, pressuring women into sex acts, and protecting Smith’s operation so the drug sales could continue. Prosecutors also cited the alleged witness contact and a pattern of false claims while on release. The government wrote that it “cannot sufficiently state the apparent impact of the Defendant’s criminal conduct to the reputation of law enforcement.”¹¹⁴

Chief Judge Susan O. Hickey sentenced Finkbeiner to 24 months in federal prison on August 20, 2025, followed by three years of supervised release. The sentence exceeded the guidelines range, as prosecutors had asked.¹

What Happened to the Drug Dealer

Kenneth Wayne Smith pleaded guilty to distributing methamphetamine and maintaining a drug-involved premises, admitting he had let people use controlled substances at his home and had intentionally used the residence to distribute methamphetamine and cocaine. Chief Judge Hickey sentenced Smith to 37 months in federal prison, followed by three years of supervised release, with a surrender date of October 1, 2025. AUSA Bryan Achorn prosecuted both cases.¹²

Who Replaced Him

On March 11, 2025, the Hot Spring County Quorum Court voted to appoint Richard Tolleson to serve out the remainder of Finkbeiner’s term. Tolleson was sworn in the next day. He had previously served as chief deputy under the two prior administrations.¹³

1
U.S. Department of Justice. Former Sheriff of Hot Spring County Sentenced to 24 Months in Federal Prison for Lying to Federal Agents
2
Malvern Online. Richard Tolleson Selected by Quorum Court to Fill Remainder of Term
3
Arkansas Times. FBI Affidavit in Finkbeiner Investigation
4
Malvern Online. Federal Prosecutors Request Years Above Typical Sentencing Range for Former HSC Sheriff
5
U.S. Department of Justice. Hot Spring County Sheriff Pleads Guilty to Concealing Material Fact from Governmental Agency
6
Arkansas Department of Public Safety. Hot Spring County Sheriff Arrested
7
KATV. Hot Spring County Sheriff Arrested Again, Facing New Felony and Misdemeanor Charges
8
KATV. Former Hot Spring County Sheriff Pleads Guilty to Misdemeanor Charges
9
Yahoo News. Former Hot Spring County Sheriff Jailed After Alleged Witness Tampering
10
Arkansas Times. Former Hot Spring County Sheriff Sentenced in State Case, Federal Sentencing Still Pending
11
KATV. Both Egregious and Shocking: US Seeks Longer Sentence for Ex-Hot Spring County Sheriff
12
Malvern Online. Drug Dealer Involved in Former Sheriff’s Case Sentenced to 37 Months in Federal Prison
13
KATV. Tolleson Sworn In as Sheriff of Hot Spring County