BENTONVILLE -- A Benton County sheriff's deputy was cleared Wednesday of any wrongdoing in connection with the shooting death of a Lowell man.
Benton County Prosecutor Nathan Smith found Sgt. Ralph Bartley's actions were justified in shooting Derrick Davidson.
Smith released his findings in a letter to Sheriff Shawn Holloway.
The Arkansas State Police handled the investigation. Smith said he reviewed the investigation file and other relevant evidence in the case.
"It is the opinion of this office that the actions of the law enforcement officer in discharging his weapon was justified under the laws of the State of Arkansas," Smith said in his letter.
Deputies went to 14689 Frisco Springs Road in Lowell at 10:20 p.m. Aug. 5 in a report of an attempted suicide.
Davidson's wife, Kelly, told investigators about her husband's lengthy history of depression and suicidal thoughts, according to Smith's letter. She said her husband suffered from depression and bipolar disorder.
Kelly Davidson told investigators she removed all the guns she could find in the home, but was unaware her husband kept a gun hidden from her, according to the letter. She called 911 because her husband said he was tired of living with his issues.
Davidson told Bartley and other deputies when they arrived her husband was in the shop building. Deputies surrounded the shop and called Derrick Davidson's phone, but he didn't answer, according to the letter.
The deputies went in the shop and found Davidson had a shotgun. He told deputies he was glad they were there so he could blame them and not his wife. Deputies couldn't convince him to drop the gun. Bartley offered to drive him to a hospital if he would surrender, according to the letter.
Bartley was talking with Davidson when he tried to pull the trigger, but the weapon didn't fire and Davidson fell out of his chair, according to the letter.
Davidson stood up and faced Bartley who tried to get the gun away from him, according to the letter. Bartley said he believed Davidson would shoot him.
Bartley fired two shots, killing Davidson, after he failed to follow the deputy's commands, according to the letter.
Smith said Bartley and other deputies made multiple attempts to de-escalate the situation, but eventually Bartley was left with no choice but act in self-defense when Derrick Davidson tried to point the gun at him.
"Considering the totality of the circumstances, Sgt. Bartley had a reasonable belief that Mr. Davidson would imminently use deadly physical force against him or one of the other deputies," Smith said.
Bartley was placed on administrative leave after the shooting.
Bartley has returned to work, Meyer Gilbert, chief deputy for the Sheriff's Office, said Wednesday evening.
"We have mandatory counseling in these situations and he had time off," Gilbert said. "He's been cleared to come back to work and he's resumed his duties."
NW News on 08/29/2019