posted on Apr, 21 2003 @ 09:57 PM
Convicted burglar sues woman who shot him during crime
By Tracy M. Neal Staff Writer firstname.lastname@example.org
Saturday, April 19, 2003
BENTONVILLE — Don’t tell Kenneth J. Lewis II that crime does not pay.
Lewis, who is an inmate in the Benton County Jail, is seeking $139,913.32 in damages for being shot after he attempted to burglarize a business.
Fayetteville attorney Michael C. Lea filed the suit on behalf of Lewis on Friday in Benton County Circuit Court against Nina Baugh.
The suit claims that at 5:30 a.m. on Aug. 31, 2002, on Old Wire Road, Baugh willfully, maliciously and without any just cause of provocation from
Lewis violently assaulted and battered Lewis by repeatedly discharging a firearm with the intention of shooting him. According to the complaint, Lewis
was struck in the arm by a bullet.
In January, Lewis pleaded guilty to commercial burglary, a class C felony, and aggravated assault, a class D felony. Lewis was sentenced to 12 years
in prison with an additional six years suspended after he admitted at a hearing before Circuit Judge David Clinger that he broke into Heritage Mobile
Home Sales in September with the intention of stealing.
Lewis admitted to Clinger that he attempted the burglary Sept. 1 and led police on a high-speed chase into Missouri before he was apprehended.
According to an affidavit of probable cause, Lewis originally attempted to break into Hobo Joe’s Pawn Shop, but was unable to gain entrance, so he
entered the neighboring mobile home sales building instead.
The affidavit states the owners of the pawn shop, Joe and Nina Baugh, responded to their shop after they were alerted by their alarm company of a
possible burglary in progress.
Seeing Lewis’ car parked in the mobile home sales parking lot, and suspecting the vehicle to be involved in their shop’s break-in, the Baughs followed
Lewis. According to the affidavit, the Baughs followed Lewis onto Arkansas Highway 264, where they reached speeds of 80 to 85 mph.
When Lewis’ vehicle drove toward the Baughs’ vehicle, the report states, Nina Baugh leaned out the driver’s side window and fired four rounds from a.
22 caliber handgun, which struck the suspect’s car. After being instructed by police to stop chasing the vehicle, the Baughs returned to their shop.
The release states that Springdale police chased Lewis’ vehicle west on Highway 264, with Lewis driving into oncoming traffic on several occasions and
slamming on his brakes during the pursuit, trying to force police to run into the back of his vehicle.
The pursuit ended in Cassville, Mo., where Lewis was arrested.
Lewis is seeking $4,913.32 for the medical expenses related to his shooting and $15,000 for the bodily pain and discomfort as a result of the gunshot
wound. The suit is seeking $120,000 in punitive damages.
The civil suit has been assigned to Clinger’s court.
Lea could not be reached to comment on the suit. A person who identified herself as Nina Baugh hung up the telephone when a reporter for The Daily
Record asked her about the suit.
Lewis also received more prison time for a probation violation. Lewis told Circuit Judge Tom Keith that he had learned a lesson about stealing after
being shot during his last crime.