BENTONVILLE — Benton County Prosecuting Attorney Van Stone wants to use the results of a Bella Vista Police Department internal investigation into former officer Coleman Brackney's fatal shooting of James Ahern as evidence.
Stone informed Circuit Judge Robin Green Monday of his decision. Brackney's jury trial is scheduled to start in December. Jury selection is scheduled to begin Dec. 7.
Stone did not disclose the results of the investigation during the hearing.
Brackney is charged with manslaughter, a Class C felony punishable with a prison sentence ranging from three to 10 years.
The criminal information accuses Brackney of recklessly causing Ahern's death. Ahern was shot about 8 p.m. Jan. 20 after a high-speed chase.
AT A GLANCE
Brackney Arrest
Coleman Brackney was arrested April 20, the same day he was fired from the Bella Vista Police Department. He was released from custody on citation following his arrest.
Source: Staff Report
Drew Miller, Brackney's attorney, informed Green Monday he may find an expert witness to testify about police pursuits and the use of force.
Miller said after the hearing that he does not know whether he will use testimony from an expert because pursuits and use of force are covered in a written policy by the Police Department.
Miller said the jury will hear testimony concerning the policy, so he does not know whether it will be necessary to hear testimony from an expert witness.
"I believe he did," Miller said of his client following department policy in the shooting.
Stone did not reveal the results of the internal investigation when asked Monday afternoon.
"These issues are best addressed in court," Stone said in response to questions concerning the investigation and Brackney's conduct.
Bella Vista Police Chief Ken Farmer said Monday he gave the internal investigation file to the prosecutor and could not release the information.
Miller said he wants to know which of Brackney's actions prosecutors consider reckless.
"I'm searching my mind; what was his reckless conduct?" Miller said. "It shouldn't be a guessing game."
An Arkansas State Police investigation determined Ahern was shot six times. Investigators said the sixth shot came after Ahern appeared to be surrendering and would not have had use of his right arm because of an earlier round fired by Brackney, according to court documents.
The chase started on Cooper Road while Brackney was questioning individuals about a series of car break-ins, according to court documents.
Brackney said he feared Ahern was trying to kill him with his vehicle, but an affidavit of probable cause states Ahern's car was never pointed at Brackney's car. Brackney said he fired at Ahern as the vehicle moved past and away from him. The trajectories of the bullets indicate Brackney fired from the direction of the rear passenger side, through the right side of the car's convertible top and toward the driver's seat, according to court documents.
The final bullet struck Ahern in the right, upper back and exited the right upper chest, according to the probable cause affidavit.
Brackney told investigators he fired the final shot because the reverse lights on Ahern's vehicle came on as he was behind Ahern's vehicle and he feared for his life, according to the affidavit. It appears from the dash camera video the illumination of the rear lights on Ahern's vehicle did not change from the time the vehicle stopped until the final shot was fired.
Brackney previously pleaded not guilty to the charge.
A pre-trial hearing is slated for Dec. 6.