NORTHWEST ARKANSAS — A former Bella Vista police officer was released from the Benton County Jail on Tuesday just days after he was sued for killing a man during a traffic stop.
Coleman Brackney, 28, shot and killed James Ahern, 41, the night of Jan. 20 after a high-speed chase.
Ahern’s brother and sister, Thomas Ahern and Barbara Postert, sued Brackney Dec. 23 in U.S. District Court in Fayetteville. The suit claims Brackney used excessive force then tried to mislead investigators about what happened in an effort to justify the shooting.
Brackney fired five rounds into Ahern’s vehicle, striking Ahern five times. Brackney then fired a sixth time after Ahern’s vehicle stopped, investigators said. The final shot was in Ahern’s back.
LEGAL LINGO
Plea Agreement
A plea agreement is a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence, or some other benefit to the defendant.
Source: legal-dictionary.thefreedictionary.com
“The killing of James Ahern was no accident, it was not justified and it was an unlawful homicide,” according to the suit, which was filed in federal court.
The civil suit contends Ahern’s conduct did not justify the use of deadly force by Brackney.
“The initial shot, and every subsequent shot, was unnecessary, excessive and unlawful,” according to the suit. “Defendant Coleman Brackney, instead of seeking medical attention for James Ahern, shot James Ahern in the back while James Ahern was unarmed and totally defenseless.”
The suit seeks unspecified compensatory and punitive damages.
“It’s a sad case. It’s sad for everybody,” said Doug Norwood, the Ahern family’s attorney. “I’ve never handled a case like this. I’ve done lot of civil rights cases, but not one like this.”
Norwood said the suit names Brackney in his individual capacity and may later be amended to include other parties, including the city of Bella Vista, depending on what is learned during the discovery process leading up to trial.
It was not immediately clear whether Brackney has an attorney for the civil case. Drew Miller, who represented Brackney in the criminal case, did not return a message left Tuesday seeking comment.
Arkansas State Police investigators said the final shot came at a time when Brackney should have been aware Ahern no longer posed a threat.
The Bella Vista Police Department determined, during an internal investigation, Brackney violated policy by firing after Ahern’s vehicle passed him, prosecutors said.
Medical examiners later determined Ahern’s blood-alcohol level was 0.21 and he had marijuana in his system.
Brackney’s plea bargain, which reduced the charge from felony manslaughter to negligent homicide, a Class A misdemeanor, took into consideration other incidents in which Ahern fled from police and drove under the influence, prosecutors said.
Brackney pleaded guilty in Benton County Circuit Court on Dec. 2 to negligent homicide.
Brackney was sentenced to 30 days in jail and fined $1,000. Benton County Jail officials said he was released Tuesday with five days credit for time he served as a trusty. Inmates receive additional credit if they work while in jail.
Brackney was removed as a trusty by Sheriff Keith Ferguson at the request of Prosecuting Attorney Van Stone.
Bob Caudle contributed to this report.