Prosecutor won't charge officers in Fayetteville shooting

By Adam Wallworth

Posted: July 29, 2009 at 5:30 a.m.

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LITTLE ROCK — No charges will be brought against two Fayetteville police officers who accidentally shot a woman they were trying to save, Washington County Prosecuting Attorney John Threet announced Tuesday.

"These officers had seconds to make decisions," Threet said, referring to Cpl. Chris Scherrey and officer Ken Willyard, who were previously cleared by an internal investigation.

Threet released one page ofthe summary of the Washington County investigation into the officers' role in the death of Jill Lynn Ulmer, 26. Threet has said he won't release the rest.

Ricky Ray Anderson, 41, was charged with capital murder in the death of Ulmer, a former girlfriend. The officers said they opened fire on Anderson because he was stabbing Ulmer.

A preliminary report by the state Crime Laboratory lists the cause of death as a combination of a gunshot wound in the head and 25 to 30 stab wounds - one of which severed a major artery.

Threet said Anderson's culpability isn't lessened because one of the officer's bullets fatally wounded Ulmer. Anderson is fully responsible because the officers would not have fired had they not been trying to stop him, Threet said.

Threet said the officers did not violate the state law that governs use of deadly physical force in defense of a person, which is applied the same to officers and civilians.

Detective Chuck Rexford, with the sheriff's office, wrote in the summary that the evidence shows officers believed Anderson was trying to kill Ulmer.

"They saw a knife, they saw a struggle, and they heard screams," Rexford wrote. "According to Arkansas law they were justified in using deadly physical force."

The officers reported seeing Anderson bobbing up and down behind a couch and seeing Ulmer's hands and feet flailing. Initially, they thought Anderson was unarmed and one of the officers fired a Taser,but it didn't make contact, police have said.

Realizing Anderson had a knife, they opened fire with their .40 caliber pistols, police have said. The officers fired nine rounds; one of them ricocheted and struck Ulmer. None hit Anderson.

Rexford wrote that the trajectory of the bullets shows the officers were shooting at the top part of the couch. The rounds passed over or through the upper part of the couch, he wrote, with the exception of "projectile C."

The bullet that struck Ulmer first was deflected by a metal sofa spring and then by the wooden frame, which caused it to strike Ulmer in the head, Rexford wrote.

The officers were firing from the window, having been unable to break down the door. They reported shots f ired about 60 seconds after telling dispatchers of a "shadowy figure" at Ulmer's door.

Ulmer called 911 to report Anderson was violating a temporary order of protection granted June 8. In her petition for the order, Ulmer wrote that Anderson had threatened her with "domestic violence" and had raped her.

Anderson had violated the order days earlier and had convinced Ulmer to dismiss one she filed in February, court records said.

Ulmer wrote that he had threatened to kill her and she was afraid of what would happen if he learned she had told his parole officer that he was using drugs.

"I have no doubt that if he found out I called his parole officer that he would try to kill me," Ulmer wrote.

Threet was unable to pursue a second murder charge for the death of Ulmer's fetus, because it was less than 12 weeks old.

Capital murder carries a penalty of life in prison or death. Threet has not yet announced whether he will seek the death penalty.

Threet is seeking capital murder, arguing that Anderson acted with premeditation.

"Under Arkansas law, [premeditation] can be formed in an instant," Threet said.

Northwest Arkansas, Pages 11, 16 on 07/29/2009

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