FAYETTEVILLE -- The two police officers who shot and killed London Phillips moments after he killed their fellow officer were justified in their actions and acted heroically, according to the Washington County prosecutor.
Phillips, 35, shot and killed Officer Stephen Carr, who was sitting in his patrol car Dec. 7 outside the police station.
Prosecuting Attorney Matt Durrett on Monday cleared Cpl. Seay Floyd and Officer Natalie Eucce of any criminal wrongdoing in Phillips' killing.
Floyd, Eucce and a third officer, Sgt. James Jennings, heard gunshots and briefly pursued Phillips in the station's parking lot. Floyd and Eucce fired their weapons, hitting Phillips.
The Washington County sheriff's office compiled a report on the deadly use of force and submitted it to Durrett's office.
The officers' actions were justified, necessary and heroic, Durrett said.
"This guy had just gunned down a police officer, sitting in a police unit, outside the police department," Durrett said. "Somebody like that isn't going to have any qualms in taking out another police officer or a random citizen walking down the street."
Sgt. Anthony Murphy with the Fayetteville Police Department said an internal review of Floyd and Eucce's actions is pending. The officers will remain on paid administrative leave until Police Chief Mike Reynolds reviews the findings in accordance with departmental policies and procedures.
Durrett said he believes the FBI is looking into Phillips' background and a possible motive for the shooting. State police have been assisting agencies when needed. Durrett said he doesn't expect anything else to come across his desk in the matter.
In a letter to Reynolds, Durrett described the officers' actions and explained how they were justified under state law.
Officers inside the station heard several shots. Floyd looked out the back door and saw Phillips firing rounds into Carr's vehicle. Phillips saw Floyd, loaded a magazine into his handgun and ran west, according to Durrett's letter. Floyd fired multiple shots at Phillips.
At the same time, Eucce and Jennings exited another door to the east. Eucce saw Carr had been shot and issued an "officer down" call over the radio.
An off-duty officer, Justin Harris, happened to be in the area and witnessed most of the incident. He directed Jennings and Eucce west toward the suspect.
Floyd, Jennings and Eucce followed Phillips to the alley between the police station and city prosecutor's office. Floyd passed the west side of the alley and saw Phillips crouched, moving toward Eucce. Floyd called out to the other officers. Eucce saw Phillips pointing a black handgun at her, according to Durrett.
"Believing that the suspect was about to shoot her, Eucce fired multiple shots at him," Durrett said in the letter. "Floyd also fired numerous shots at the suspect."
After Phillips was down, Floyd moved to handcuff him. Phillips was shot multiple times. A loaded handgun with a round in the chamber was found underneath Phillips. Floyd handcuffed Phillips and searched him for additional weapons. Floyd found two boxes of ammunition and an empty magazine on Phillips. Floyd rendered aid until first responders arrived, according to Durrett.
Arkansas law allows use of deadly force if a person believes someone is about to commit felony violence or use unlawful, deadly physical force, Durrett said.
The law also allows a police officer to use deadly force against someone who has committed a felony and is armed and dangerous. In addition, the law allows use of deadly force when it is necessary for self-defense or to defend someone else from imminent, deadly physical force.
"In my judgment, all of the above provisions apply in this situation," Durrett said.
Durrett said the officers had no choice but to fire their weapons.
"They not only saved their own lives, but also, most likely, many more," he said.
Metro on 12/31/2019