Ark. man won’t be charged for shooting officer
By The Associated Press
This article was originally published September 4, 2010 at 12:56 p.m. Updated September 4, 2010 at 2:24 p.m.
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A Diamondhead man who shot an off-duty police officer in the shoulder after the officer tried to stop his wife for a possible traffic violation won’t face charges, the Garland County prosecuting attorney said.
Patrol Officer Fred Ensminger “used poor judgment” in his aggressive pursuit of Cindy Nelson, and Nelson’s husband, Jerry Chambliss, was justified in using deadly physical to defend himself and his wife, prosecutor Steve Oliver concluded in a report released Friday. Oliver also noted Ensminger wouldn’t be charged because he “acted with the belief he was justified under the color of the law.”
According to the report, Ensminger, 46, who worked part time for the gated community’s police department, was shot about 5:30 p.m. July 21 by Chambliss, 62, outside Chambliss’ residence after the officer followed Nelson, 54, home. The officer claimed she had been driving recklessly.
Ensminger told Arkansas State Police and Garland County Sheriff’s Department investigators he followed Nelson after seeing her cause a “near head-on collision” with another vehicle and after she allegedly attempted to run over him when he approached her with a badge during an initial traffic stop.
Ensminger said he didn’t get out of his vehicle at the couple’s home, but showed Chambliss his badge. Chambliss shot him “without provocation,” and the officer returned fire in self defense, the report stated.
Neither Chambliss nor Nelson were hurt.
Ensminger drove himself to the front gates of the community and called for help. He was taken to St. Joseph’s Mercy Health Center in Hot Springs where a bullet was removed from his right shoulder.
Chambliss told KLRT-TV that Ensminger never identified himself.
“Just because he has a badge he does not have the right to come down and try to kill citizens,” Chambliss said. “Every time a car pulls out behind me, we look to see if it is him.”
The report notes Ensminger was not on duty, not in uniform and was in his unmarked pickup truck. Ensminger had his truck equipped with emergency lights and a siren for his work as a volunteer firefighter with Lake Hamilton, but he didn’t activate either as he was pursuing Nelson.
A current, listed phone number for Ensminger couldn’t be found Saturday.







Comments on: Ark. man won’t be charged for shooting officer
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studentoflife says... September 4, 2010 at 2:26 p.m.
Used poor judgement? What exactly was this freak cop trying to pull her over when he is off duty? This is a little strange, and I think this husband saved his wife's life. This cop should at least be charged with obstruction charges for lying during the investigation. It's a shame the bullet didn't strike him in the head, and we wouldn't have to worry about this freak being in the public.
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gchambers_conwaycorp_net says... September 4, 2010 at 4:20 p.m.
Chambliss IS GONNA HAVE TO MOVE.......Noone can stand the thousands of dollars in parking tickets he is going to get every month from now on...And FORGET going into a donught shop!!!!!
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scooter38 says... September 4, 2010 at 4:41 p.m.
There are a lot of good people in law inforcement , there are also a lot of wise-a$$ hot shots that make it tough for the officers that do thier jobs as they are trained and are respectfull of those who pay thier wages. Some people in "Posistions of Authority" cannot understand that they must abide by our laws just like every one else, they have
convinced themselves that THEY are above the law! There is a very real posibility that this particular type of "Inforcement Officer"will be provided with more holes in his anatomy than he actually needs !
It is amazing that the citizen in this case was treated fairly and justly, in most cases, final Judgment comes down on the side of the
" Officer " no matter what the circumstances.
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quiet4us2 says... September 4, 2010 at 5:15 p.m.
What I want to know is ....was she ever charged with DWI ? Blood test anything?
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studentoflife says... September 4, 2010 at 5:37 p.m.
To be charged with a DWI, you must be pulled over by an actual officer. If that's what he was doing, then he should have called it in just like I have to do. I would have shot him too without hesitation. The only difference is I would have killed him. You mess with someone's family, this is the consequence.
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HopeChangeObey says... September 4, 2010 at 6:14 p.m.
Well he was just a little heavy badged, and got leaded for it. It will be wise for the Diamondhead Police Department to let this liability go to work for somebody else.
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