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Prosecutor: England officer-involved shooting justified

by Sara Janak | January 29, 2015 at 3:46 p.m.

A letter issued by the Lonoke County Prosecuting Attorney on Thursday stated an officer’s use of deadly force was necessary in a Jan. 9 shooting in England.

The Lonoke County Prosecutor’s Office reviewed the Arkansas State Police’s evidence from their investigation and determined the shooting of Jimmy Foreman was justified.

“The evidence is consistent with the conclusion that [Officer John] Siems was in fear for his life and others after Jimmy Foreman pointed a handgun at him, and had just fired a round from that same gun into the victim, Dwain Foreman, whom he had just shot multiple times,” Prosecuting Attorney Chuck Graham said in a letter to the Arkansas State Police.

On Jan. 9 at Jimmy and Dwain Foreman’s home, 422 SE Third St., witnesses saw the two men arguing before Jimmy shot his son, Dwain, with a Colt .45 revolver. When police arrived, the witness heard and saw Siems tell Jimmy Foreman to put his gun down, the letter states.

“Officer James Pearson and Walter Moore with England Police Department also witnessed Officer John Siems tell Jimmy Freeman to put the gun down multiple times,” Graham said in the letter.

They both also saw and heard Jimmy tell Siems to “just shoot me,” fire another round into the body of Dwain and then point his gun at Siems.

"Under Arkansas Code Annotated § 5-2-610(b)(2), a law enforcement officer is justified in using deadly physical force upon another person if the law enforcement officer reasonably believes that the use of deadly physical force is necessary to defend himself or a third person from what the law enforcement officer reasonably believes to be the use of imminent use of deadly physical force," according to the letter.

The prosecutor concluded Siems reasonably believed Jimmy Foreman could use deadly force on him or others at the scene, and was justified under the Arkansas law of self-defense.

Read Friday's Arkansas Democrat-Gazette for full details.


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