Trooper let go over use of force gets his job back

Commission vote unanimous

The Arkansas State Police commission unanimously voted Thursday to reinstate a trooper who had been fired over use of force in an arrest.

Josh Berry, of Troop A in Little Rock, had been fired after the agency determined he unnecessarily used deadly force by striking a fleeing suspect with his vehicle last year. State police also determined that Berry violated agency rules and state law because he didn't activate his vehicle's siren when he chased the suspect, 23-year-old Clarence Harris of Scott.

At an appeal hearing Thursday, five members of the commission deliberated for about 10 minutes before deciding Berry's termination was unwarranted.

Commission member John Allison was particularly critical of the firing.

"I don't know why we're here today," he said when the commission announced its decision.

Berry tried to pull over Harris for speeding the night of May 23 in the area of Arkansas Children's Hospital in downtown Little Rock. Video of the encounter, shown at Thursday's hearing, shows Harris, in a white Ford Mustang, fleeing and driving into a parking lot of the hospital. That's where Berry crashed into the Mustang in an attempt to stop Harris.

But Harris continued driving, leading Berry through side streets around the hospital to a residential area off Maryland Avenue. Harris exited the vehicle and ran, and Berry struck him with his state police vehicle.

Berry's attorney, Robert Newcomb, said Thursday that his client merely "bumped" Harris with the vehicle, noting that it didn't injure him. In fact, Harris got up and continued running. Berry arrested him after a short foot chase and physical struggle. Harris was charged with misdemeanor traffic and fleeing charges.

Newcomb also argued that Berry didn't "ram" Harris' vehicle in the hospital parking lot, as state police had said. Newcomb said Berry performed an agency-sanctioned vehicle immobilization maneuver.

Berry didn't turn on his siren during the chase because he made a "split-second decision" to go after a potentially dangerous suspect, Newcomb said.

"Why is someone fleeing from a speeding ticket? What had they really done? ... This guy wasn't going to stop. He wasn't going to obey the law," Newcomb said.

It wasn't the first time, or the last, that Harris fled from authorities. He led Lonoke County sheriff's deputies on a chase in 2010 that ended when he crashed into his house.

Two months after his encounter with Berry, Harris led state police on a chase in Woodruff County. It ended in a fiery crash on Arkansas 28 that killed him and two passengers.

State police attorney Elaine Lee said Thursday that Berry had shown a "pattern of poor judgment" that was also a factor in his firing. Since being hired in 2009, Berry has been involved in nine crashes, five of which the agency determined he could've avoided.

In 2011, he was suspended 15 days without pay after crashing into a motorist in Phillips County while responding to a shoplifting call. Berry was driving faster than 100 mph in a 45 mph zone without his emergency lights and siren activated, according to state police. The motorist, who state police described as "an elderly woman," was injured and sued the department.

State police Maj. Stan Witt, who was director of the agency when he fired Berry, said Thursday he considered the trooper "a liability." Witt said the agency created a remedial driving course in 2012, partly because of Berry's crash the previous year.

State police spokesman Bill Sadler said Berry's reinstatement with full pay took effect immediately. The agency will reassign Berry in the coming days, he said.

Metro on 05/15/2015

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