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Trial set in lawsuit over officer shooting

By The Associated Press

This article was published December 27, 2012 at 9:44 a.m.

— 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.

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RBBrittain says... December 27, 2012 at 1:48 p.m.

In the final sentence that should be Connie Berry, not Connie Davis; the SWTR report confirms it was Connie Berry who called officers. But it only shows the questionable nature of this lawsuit: She called them because her husband wanted to shoot her; she apparently told them he had a gun; eyewitness testimony (including, per SWTR, her own) says he had a gun; FSPD video also supports their account. The husband refused multiple demands to drop his gun, and gave NO indication he wasn't armed. I know we don't have all the facts, but I doubt anyone other than the lawyers will make any money here; at first glance the shooting seems justified.

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multistrada08 says... December 27, 2012 at 2:21 p.m.

It is always a tragedy when a police officer has to use deadly force but I think the benefit of the doubt must always be with the police officer. Theirs is a difficult job.

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