FORT SMITH — A district attorney in an eastern Oklahoma has decided that the deadly shooting of an armed suspect inside a McDonald's was justified.
KHBS-TV reports that that Sequoyah County Sheriff Larry Lane and Chief Deputy Charles House shot and killed James William Huskey in Sallisaw on July 5.
Police say they tracked Huskey to the McDonald's after a search that began after shots were fired in Fort Smith. First Assistant District Attorney N. Jackson Thorp says Lane shot at Huskey after struggling with the suspect who pulled out a gun and tried to shoot Lane, who initially tried to disarm Huskey.
Thorp says a review of video of the shooting for the investigation shows the sheriff and chief deputy were justified in their actions and shouldn't face charges.
Fort Smith police were obtaining felony warrants for Huskey for second-degree domestic battery, aggravated assault and being a felon in possession of a firearm.
A news release from the Fort Smith Police Department said Huskey's sister Misty Cox, 39, reported that her brother arrived at her home in the 4600 block of Mussett Road and asked for help. She refused, knowing that Huskey was wanted in Texas on sexual assault charges.
Misty Cox told police that when she refused to help him, Huskey hit her on the side of her head with a handgun and fired one round into a wall, the release said. He drove off in a black Chrysler 200 with Texas tags.
Misty Cox was treated at a Fort Smith hospital for a cut on her left ear, the release said.
The Sallisaw Police Department received information from Fort Smith officials that Huskey had connections to the area, Greg Cox said. Sallisaw police contacted the sheriff's office, and 12-15 officers from both departments began to search for Huskey in Sallisaw.
Lane and House stopped to search the McDonald's restaurant just off Interstate 40, Cox said. As House was walking toward the restroom, he spotted Huskey in a booth. House continued to walk to the restroom so he wouldn't alert Huskey. Once inside, House called Lane to tell him about Huskey's location.
Both men then approached Huskey. As they did, Huskey pulled out a small 38-caliber revolver. Lane grabbed the gun as he and House struggled to arrest Huskey, Greg Cox said.
During the struggle, Huskey pulled his gun free from Lane's hand and fired one shot, which didn't hit anyone. Lane then drew his gun and shot Huskey.
Reporter Dave Hughes contributed to this story.