Complete text of the grand jury’s report
Posted on Sunday, April 16, 2006
Special grand jury report The complete report of the special grand jury investigating the shooting of Joseph Erin Hamley by Arkansas State Police Trooper Larry Norman: The Benton County Special Grand Jury was impaneled by the Honorable David S. Clinger, Benton County Circuit Judge, on March 31, 2006, at the request of Prosecuting Attorney Robin Green. The members of the Grand Jury are: Nicholas Bartmier, Betty Brewer, Jonathan Cooley, William Elmer, Charlene Hagan, Patricia Bell, John Musser, Diane Reid, Paul Bradley, Eva Chenoweth, Richard Dozier, Patrick Fitzsimmons, Orville Hasty, Robert Lafferty, Ronald Rear and Cheri Waldrop. The Court appointed Mr. Ronald Rear of Bella Vista, Arkansas, as the foreman. Ms. Cheri Waldrop was chosen as the Clerk. Judge Clinger instructed the jury of its duties and responsibilities. Judge Clinger charged the jury with reviewing the evidence and conducting any further investigation that the Grand Jury deemed necessary to determine whether an indictment should be returned in the shooting of Erin Hamley on Highway 412 in Benton County, Arkansas, on March 7, 2006, by Arkansas State Police Trooper Larry Norman. The Grand Jury was also advised by the Court that to return an indictment, at least twelve (12 ) of the sixteen (16 ) members must concur with that decision. GRAND JURY PROCEEDINGS
The Grand Jury met with Prosecuting Attorney Robin Green, Deputy Prosecutor Chad Atwell, and Deputy Prosecutor Clay Fowlkes. Prosecuting Attorney Robin Green explained to the jury that she requested a Grand Jury because her office works closely with the police, and she wanted to maintain the public's confidence in the judiciary by allowing this important charging decision to be made by the people, namely, an impartial Grand Jury. Prosecutor Green stated that she would abide by the decision of the Grand Jury, and if the Grand Jury chose to indict then she would prosecute the case to be best of her ability, and if the Grand Jury chose not to return an indictment, then she would not file her own charges.
The Benton County Prosecuting Attorney's Office made available to the Grand Jury its complete investigative file of the Arkansas State Police. The Special Grand Jury immediately began reviewing the evidence before them. Specifically, the Grand Jury:
1. Reviewed the complete investigative file of the Arkansas State Police,
2. Watched and carefully studied the tapes of the shooting on March 7, 2006, as captured by the patrol cars and subsequently enhanced; including:
a. The video captured from Trooper Larry Norman's in-car camera.
b. The video captured from Trooper Wilson Short's in-car camera.
c. The video captured from Deputy Harrison's in-car camera.
d. The video captured from Deputy Ridenoure's in-car camera.
3. Reviewed the Arkansas State Police Policy Manual on the Use of Lethal Force
4. Reviewed the pictures taken by the motorist on Highway 412 on March 7, 2006, which depicted the location of the patrol cars and Erin Hamley;
5. The Grand Jury watched the video tape recorded interviews conducted by Benton County Prosecuting Attorney Robin Green, Deputy Prosecutor Chad Atwell, and Captain Mike Sydoriak of the Benton County Sheriff's Office. These interviews were conducted under the authority of prosecutor's subpoena, and therefore the persons subpoenaed had given sworn testimony under oath and subject to the penalty of perjury in the Office of the Prosecuting Attorney. The following video tape recorded interviews were watched by the Grand Jury:
a. Arkansas State Police Trooper Larry Norman. The interview of Trooper Larry Norman lasted 2. 6 hours, or one hundred fifty-six (156 ) minutes. This interview was also attended by Trooper Larry Norman's legal counsel, Mr. John Everett.
b. Arkansas State Police Trooper Wilson Short. The interview of Trooper Short lasted one hundred twelve (112 ) minutes.
c. Deputy Jeremy Harrison of the Washington County Sheriff's Office. The interview of Deputy Harrison lasted fifty-nine (59 ) minutes.
d. Sergeant Randy Osburn of the Washington County Sheriff's Office. The interview of Sergeant Osburn lasted ninety-five (95 ) minutes.
e. Deputy Mike Anderson of the Washington County Sheriff's Office. Deputy Anderson's interview lasted fifty-seven (57 ) minutes.
f. Deputy Steve Ridenoure of the Washington County Sheriff's Office. Deputy Ridenoure's interview lasted thirty-six (36 ) minutes.
The Grand Jury found that the Benton County Prosecutor's Office and the Arkansas State Police had interviewed all persons material to this investigation. All of the officers involved were interviewed on at least two occasions, and Grand Jurors were able to read transcripts of State Police interviews and watch the video-taped interviews conducted by the Prosecutor's Office. Further, because the Grand Jury was able to view the tape recordings of the shooting, the Grand Jurors were able to study the shooting itself. As a result, it was determined that witness testimony was not necessary before the Grand Jury.
6. The Grand Jury studied the patrol car issued to Trooper Larry Norman to determine where the vehicle's microphone is placed in proximity to the car stereo speakers. The purpose of this examination was to determine what impact the car stereo would have on Trooper Norman's ability to accurately hear his dispatch radio.
7. The Grand Jury viewed the tape of the KHOG 40 / 29 news which aired on March 6, 2006, at 10: 00 p.m. Trooper Norman stated in his interview that he had watched the newscast and it was his sole source of information regarding Adam Leadford.
8. The Grand Jury viewed evidence retrieved from Erin Hamley's clothing, in an effort to determine how bulky the items in his pockets would be and whether they reasonably could be perceived as a weapon. The Grand Jury noted that Erin Hamley had several toy balls in his pocket (s ).
9. The Grand Jury studied the report of the State Medical Examiner for Erin Hamley's body, and viewed pictures of his body to determine the location of the entrance wound and the angle of the shotgun slug's trajectory.
10. The Grand Jury visited the scene on Highway 412, where the Benton County Sheriff's Office positioned patrol cars in the same location as the patrol cars of the Arkansas State Police and the Washington County Sheriff's Office on March 7. Prior to visiting the scene and again upon arrival, the Grand Jurors again studied the tapes of the shooting and the photographs taken by the motorist to determine the exact location of the officers involved and of Erin Hamley. A mannequin dummy was utilized and placed in the position where Erin Hamley was laying at the time he was shot. The Grand Jurors examined the position of the cars, the amount of cover each officer had from potential fire from his position, and the distance each officer was from Erin Hamley and each other.
11. The Grand Jury consulted with Circuit Judge David Clinger to ascertain certain legal definitions in the statues. FINDINGS OF THE GRAND JURY
On March 7, 2006, Trooper Larry Norman heard the dispatch of Trooper Wilson Short to Highway 412 to determine the identity of a subject matching the description of wanted escapee Adam Leadford. At the time of the radio transmission Trooper Norman was miles away in the parking lot of Blockbuster Video on 6 th Street in Fayetteville. Trooper Norman stated in his interviews that when he heard the dispatch of Trooper Short to the Highway 412 location he had a "gut feeling"that the subject was Adam Leadford and that there would be a problem. He described it as," I had a feeling, I had an intuition that this subject that they had called in on was the one that we were looking for, was indeed the escapee."
Washington County deputies arrived to assist Trooper Short, and a perimeter was established around the subject, later identified as Erin Hamley. Washington County Sheriff's Office Sergeant Randy Osburn blocked off east-bound traffic on Highway 412 to secure the location and protect motorists. The four other officers were giving commands to Hamley and he was not complying, such as raising one hand but keeping his left hand in or near a pocket before finally raising it. As a result of the subject's non-compliance and the fact that he could be Adam Leadford, who was reportedly armed and dangerous, all officers had their guns drawn and were behind cover. Washington County Sheriff's Deputies requested additional officers, who were en route, and Washington County Deputy Jeremy Harrison told the other deputies behind his place of cover that if he could get closer he could use his Taser.
Trooper Larry Norman, who had begun driving towards their location, was instructed by the primary responding officer, Trooper Wilson Short, to block west-bound traffic on Highway 412. After driving over one hundred miles per hour with his AM / FM radio turned up to the degree that it could hinder his ability to hear dispatch communications, Trooper Norman disregarded the instruction of Trooper Short and did not block off west bound traffic as requested. Instead, Trooper Norman took a position approximately thirty yards away in a location which was northwest of Erin Hamley. After exiting his patrol car with his shotgun, he moved to the rear of his patrol car. While orders were being directed to Hamley by Norman and the other officers, Norman observed Hamley raise and lower both arms three times. Hamley then sat down and laid on his back. Trooper Norman left his position of cover near his patrol car, which caused Trooper Short and the Washington County Sheriff's Deputies to leave their positions of cover as well. As Hamley began moving his right arm towards the left side of his body, possibly in an effort to roll onto his stomach as ordered by Trooper Larry Norman, the Washington County deputies began retreating to a safe position of cover. As they were retreating, Trooper Norman shot Erin Hamley in the right side of his body, with the slug hitting the pavement first, then grazing his arm and continuing into Hamley's body.
It should be noted that Trooper Larry Norman was on the scene for less than one minute at the time he shot Erin Hamley with his shotgun, and therefore had a very shot amount of time to assess the situation. Upon arrival, Trooper Norman, who was the last officer on the scene, made no attempt to communicate with State Trooper Wilson Short or the Washington County Sheriff's deputies.
Immediately after the shot was fired, Washington County deputies requested an ambulance. As the officers approached Erin Hamley, Hamley is heard to moan and say," I'm sorry"and later," Why did you shoot me ?"While the Washington County deputies were rendering aid to Erin Hamley, Trooper Wilson Short approached Trooper Larry Norman. Trooper Short asked if Trooper Norman's shooting of the subject was an accident. Trooper Norman stated that his shot was not an accident. In subsequent interviews with both the Arkansas State Police and the Benton County Prosecutor, Trooper Larry Norman insisted that his shot of Erin Hamley was not an accident.
We will note that we are extremely troubled by the lack of communication between the officers from the Arkansas State Police themselves and, too, with the Washington County Sheriff's Deputies, who were on a scrambled radio frequency. As a result of their lack of communication, there was no coordinated plan of action between them. We will also note that we are disturbed by the fact that there was no attempt to positively identify the subject prior to the shooting.
Other disturbing issues include (1 ) the fact the Trooper Norman had his AM / FM radio so loud that his recording device only picked up his AM / FM radio and no dispatch transmissions: (2 ) the fact that Trooper Larry Norman was not wearing his microphone; (3 ) the fact the microphones were turned off by both Washington County deputies and Trooper Wilson Short, thereby preventing the recording of all conversations after the shooting occurred; (4 ) the fact that the Arkansas State Police does not have a system to record their radio and dispatch transmissions; and (5 ) the fact that the Arkansas State Police does not brief its troopers at the beginning of each shift. CONCLUSION The Grand Jury is mindful of and appreciates the difficult and dangerous job performed by law enforcement officers every day. The jury respects the tremendous responsibility placed upon police officers to enforce the laws and protect lives and property. The Grand Jury believes that the police officers should be able to perform their jobs with public support and should be provided proper equipment. The Grand Jury further believes that police officers should use lethal force when necessary to protect human life. However, the decision to use lethal force is a sobering one which is not to be rushed into or taken lightly. As a result of our investigation and review, it is the finding of this Grand Jury that Trooper Larry Norman should be indicted for the crime of Negligent Homicide, Class A Misdemeanor. We note that we complied with the law and deliberated and voted without the presence of the Prosecuting Attorneys or her deputies. We wish to express our appreciation to Prosecutor Robin Green, Deputy Prosecutor Chad Atwell and Deputy Prosecutor Clay Fowlkes for their able assistance and we commend the Benton County Prosecutor's Office and Captain Mike Sydoriak on their detailed, thorough and complete investigation. We also wish to thank Circuit Judge David S. Clinger for allowing us to serve. We submit this report to the Court and ask that it be accepted, filed of record, and made publicly available at the appropriate time for examination by the citizens of Benton County. Respectfully submitted, Ronald Rear, Grand Jury Foreman
April 13, 2006
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