Saline County prosecutor Ken Casady said Thursday that no charges will be filed against a Benton police officer who fatally shot an armed man in October.
Casady said an investigation of the shooting found that officer Cory Mize acted in self-defense when he shot Thomas Jeffery Burns, 49, the evening of Oct. 7. Police said Mize encountered Burns about 11 p.m. after responding to a domestic disturbance call involving Burns and Burns' estranged girlfriend. Burns reportedly pointed a pellet gun at Mize, and Mize shot him in the torso.
Burns died from his injuries three days later.
Mize was placed on paid administrative leave while Benton police investigated the killing. Witness interviews, physical evidence and an audio recording of the shooting showed that Mize "acted appropriately and within his rights," Casady said.
Mize, a three-year veteran of the Police Department, returned to duty Nov. 4.
Thursday was the first time authorities identified the officer. Benton Police Chief Kirk Lane said he previously declined to identify Mize because of safety concerns. He said a member of Burns' family threatened Mize after the shooting, but police had since met with the family and "emotions had settled."
"It wasn't something we normally do," Lane said. "We usually try to get the name out because of transparency."
Burns' death was one of two fatal shootings involving Benton police in October. Police said officer Kyle Ellison shot and killed Keagan Schweikle, 17, the night of Oct. 17 after the teen pointed a .40-caliber pistol at the officer. Schweikle was reportedly suicidal, and his mother had called police for help.
Benton police investigated that shooting and submitted findings to prosecutors last month. A review is ongoing, Casady said.
Ellison has since returned to duty, according to police.
Schweikle is the second person Ellison has killed on duty, according to reports. Ellison fatally shot an armed man after a car chase in 2013 and was cleared of any wrongdoing, reports said.
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Police across the country have faced lawsuits and public scrutiny over officer-involved shootings in recent years.
Many police departments, including Benton's, investigate their own officers in such cases. But civil rights groups have urged police to turn over those cases to independent agencies to ensure unbiased investigations.
Lane said the Benton department was careful to avoid conflicts of interest in the investigation of Burns' death. He said some detectives who became witnesses in the case were separated from the investigation. He also said he contacted Arkansas State Police about overseeing the case, but ultimately didn't need the agency's assistance.
"I feel real confident in what we did," Lane said.
Casady said outside agencies have investigated officer-involved killings at smaller police departments in Saline County. He said he felt comfortable with Benton police, the largest department in the county, conducting its own investigations.
"Evidence has to be gathered quickly and things have to happen quickly to preserve evidence at the scene," Casady said. "Many times, logistically, having another agency come in just doesn't make sense."
Casady said the investigation of Burn's death appeared to be "thorough and fair."
Statements from Benton police officers and Burns' estranged girlfriend supported Mize's account of the shooting, according to Casady.
Mize said he'd responded to several calls of a domestic disturbance between Burns and Burns' girlfriend and had seen Burns running toward a home where the woman was staying. Mize said he then heard Burns threatening the woman. He said he approached Burns outside the residence, and Burns pointed a pistol at him.
Mize then shot Burns.
Police recovered a pellet gun at the scene. The state Crime Laboratory reportedly found Burns' DNA on the weapon's handle and trigger.
Casady said Mize, under the circumstances, did not have a chance to determine what kind of gun Burns was carrying.
Mize was wearing a microphone that recorded the shooting, according to Casady.
"The officer is telling him to drop the weapon, it's sounding like Mr. Burns did not comply and the shots ringing out after that, which matched the officer's statement that he gave after the incident," Casady said, describing the audio.
"Obviously, the audio is something that was key in reviewing the file."
Metro on 12/02/2016