Posted By Operations Cordinator
Arkansas war veteran jailed over trust dispute
88-year-old Korean War Veteran, Fred Potter, is now in jail for contempt of court. The Veteran has never been to jail before, until Friday morning, May 18, 2018.
A family trust dispute landed Potter behind bars after failing to comply with a court order.
Potter is a Marine Veteran and then served in the Army. He was married to his wife, Betty, for nearly 30 years.
Before his wife passed away, Potter and his wife both created separate trusts, because Potter said they thought it would be better than a will, “We set it up to where the one that was left living would have an income and it didn’t work out that way.”
A niece of the wife, Cassaundra Holmes was made executor of if his wife’s trust. Potter was supposed to receive income from rental properties as well as from stocks and bonds.
But, Potter never got the payments, so he went to court, “Get a good attorney that knows what they’re doing when they make out a trust because the attorney that made mine out, evidently, went wrong.”
Potter moved out of his home in Waldron, Arkansas and took his belongings with him when his niece started charging him rent.
But, after years of court hearings Potter was ordered to return everything and he was even ordered to place items back in the exact locations they were when he moved them. He was given until 5 P.M. Thursday or he would be considered in contempt of court.
Everything will be auctioned off and the money will be split between the two trusts.
His clothes, cuff links, everything that he owns will be auctioned.
But, Potter said he does not have some items that are listed with the court, such as gold bullion and a stradivarius violin. Potter said he does have a violin, but he says it’s not a multi-million-dollar instrument, “It’s one my father had when he was a young man. I have none of these items and I can’t produce them so I’m in contempt of court.”
The war veteran suffers from congestive heart failure and when it comes to life behind bars, “I don’t belong there, in fact, I left the doctor’s this morning and I have a letter that says they’re going to have to take care of me.” Potter added, “Yeah it is crazy.”
Potter said he does not know how long he will be in jail. He has a court hearing June 4th in the Scott County Courthouse.
According to court records, Potter is eligible to be released if he posts a $25,000 bond. Potter could also potentially be charged $1,000 every day that he’s behind bars for contempt of court.
The judge, David H. McCormack of the 15th Judicial District of Arkansas has over stepped the reasonable boundaries of jurisprudence. Due to the veteran’s heath the judge has effectively signed his death warrant.