A prosecutor has cleared an officer in the fatal March 3 shooting of a man who ignored commands to remove his hands from his pockets, scuffled with the officer and took the officer's stun gun.
Officer Michael Shively of the Manila Police Department went to a residence at 722 West Olympia St. in Manila over a disturbance. When he arrived, a man said his brother, Christopher Palmer, was talking "out of his head, acting crazy" and destroying things in his mother's house, according to the prosecutor's report, which the Arkansas Democrat-Gazette obtained Monday.
Palmer told Shively he was upset because family members would not take him to a hospital. Shively offered to send for an ambulance. Palmer declined, acted erratically and cursed at the officer, the report said.
Shively said Palmer stood up and that he told Palmer repeatedly to remove his hands from his pockets.
"Officer Shively stated Mr. Palmer then moved towards him aggressively, and put his nose right up to his face," according to the report.
The officer and Palmer scuffled briefly, and Shively then told Palmer he was under arrest, according to the report. Shively tried to take control of Palmer's wrist to handcuff him, but police said Palmer did not comply. Shively then threatened to deploy his stun gun against Palmer if the man did not follow commands.
"Palmer then ripped the Taser off of Officer Shively's tactical vest, and gained control of the Taser," according to the report. "Officer Shively stated he (Shively) stepped back a few feet because he feared Mr. Palmer was attempting to tase him. Officer Shively stated he then drew his duty weapon and fired several rounds at Mr. Palmer."
Shively sent for medics. Palmer was pronounced dead at the scene.
Arkansas State Police opened an investigation, which is routine for officer-involved shootings.
Second Judicial District Prosecutor Scott Ellington cited Arkansas Section 5-2-601 (b)(2), which allows an officer to use deadly force to defend himself or a third person from what he reasonably believes to be the use -- or imminent use -- of deadly force.
"Mr. Palmer repeatedly refused to follow commands issued by Officer Shively," Ellington wrote. "Palmer was aggressive and violent towards Officer Shively. Once Mr. Palmer ripped the Taser off of Officer Shively's vest, there became an immediate risk that he could tase Officer Shively. If Officer Shively were to be incapacitated, Mr. Palmer could gain control of Officer Shively's service weapon, putting the life of Officer Shively and others at risk. I find Officer Shively's use of force justified."
Ellington wrote that "no prosecution will follow in this case. This case will remain open until any outstanding lab reports are completed."
Metro on 04/14/2020