FORT SMITH A September trial date is set for a Fort Smith woman’s lawsuit against a former police officer in the officer’s shooting death of her husband.
The lawsuit by Connie Berry alleges that officer Brandon Davis used excessive force when he shot Eric Berry on Nov. 11, 2009, and that Eric Berry was unarmed.
The lawsuit also names the city, the board of directors and the police department.
The Southwest Times Record reported that the city says Davis could see Eric Berry was armed, the weapon was pointed at him and that Berry ignored orders to drop the gun. It also says the handgun was recovered at the scene.
A prosecutor has ruled that the shooting was justified.
Davis went to the home after Connie Davis reported a domestic disturbance.