SEARCY -- Authorities on Monday released the name of a man fatally shot by a White County sheriff's deputy during a disturbance Saturday night.
James Newman, 69, of the Rose Bud area died shortly after he was taken to Unity Health Medical Center in Searcy, Chief Deputy Phillip Miller said in a news release Monday.
Someone called 911 about 7:20 p.m. Saturday to report what they thought were shots fired at two homes on the 400 block of Sidon Road, the sheriff's office said. Upon two deputies' arrival, Newman brandished a rifle "and moved it into a firing position," Miller said in an earlier news release.
During the encounter, the deputy repeatedly told the suspect to put down his rifle but Newman refused the orders, began approaching the deputy and then pointed his rifle at the deputy, the release said.
"The deputy deployed his weapon" and shot Newman, Miller said.
The Arkansas State Police is investigating the shooting. Pending that investigation, the deputy has been placed on administrative leave, Miller said.
Miller declined to release the deputy's name or his tenure of service while the investigation continues.
State police declined to comment, referring questions to the White County sheriff's office.
Once the investigation ends, state police will submit findings to the White County prosecuting attorney's office to determine whether the deputy's use of deadly force was justified under state law.
Miller said a second county officer was at the scene but was not involved in the shooting.
White County authorities were familiar with Newman. He had some prior run-ins with the law, but nothing as bad as this encounter, Miller indicated.
Arkansas Annotated Code 5-2-610 details when an officer is justified in using deadly physical force.
Justification exists if the officer "reasonably believes" that such force is necessary to make an arrest or "to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous."
Such force also is justified, the statute says, when an officer reasonably believes that deadly force is necessary to "defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force."
Monday evening, no one answered a phone number listed for Newman's residence, which also was listed as on Sidon Road.
State Desk on 12/12/2017
