Prosecutor clears officer of wrongdoing
By The Associated Press
This article was published November 23, 2009 at 5:50 p.m.
The Sebastian County prosecutor has cleared a Fort Smith police officer of any wrongdoing in the fatal shooting of a man as officers responded to a report of a demostic disturbance.
A letter received by the police department Monday from Prosecutor Daniel Shue said Cpl. Brandon Davis was correct in shooting Eric Wayne Berry at his home on Nov. 11.
The letter said Berry had threatened his wife with a handgun, and had aimed a loaded .45-caliber handgun at police and ignored repeated commands from police to drop the weapon.
“Officers correctly had their weapons drawn, engaged an armed suspect, contained him once engaged, and discharged a weapon in a reasonable manner,” Shue wrote. “A peaceful resolution of the situation was rendered impossible by the actions of Eric Wayne Berry.”
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