Officer Cleared In Shooting

Report Outlines History Of Mental Illness

Saturday, August 6, 2011

— A Rogers police officer was justified in the fatal shooting of a woman after she charged him and another officer with a knife, according to a report from Van Stone, Benton County prosecuting attorney.

The report and audio and video of the Monday incident were released Friday. Officer Vence Motsinger shot Fallon Frederick, 30, three times with a 9mm Glock Model 17, according to the report. Initial reports said the gun was a .40-caliber Glock.

According to the report, Frederick apparently suffered from mental illness that had worsened recently.

The video was captured from the store’s security camera. The audio was captured by a device carried by one of the officers.

According to a news release from the Rogers Police Department three officers will remain on leave pending an administrative investigation, which is department policy.

Shooting Report

To view surveillance video, hear audio of the 911 call and read the reports Click Here

According Stone’s report, Frederick entered the Shell Superstop at 1845 S. Eighth St. at 10:36 a.m. She asked to use the store’s phone to call 911.

According to the report, Frederick was riding in a car with her boyfriend, Michael Palumbo, on Monday morning. She had been living with Palumbo in Gateway for several months, he told police.

Palumbo told investigators Frederick became agitated, so Palumbo dropped her off near the intersection of Eighth Street and Pleasant Grove Road, about two miles from the gasoline station.

Frederick took a knife from the car, according to Stone’s report.

In the security footage, Frederick appeared agitated. At one point she displayed a knife, which scared the clerk, according to Stone’s report.

Frederick told 911 operators she was being followed and requested officers. When the dispatcher asked for more information, Frederick hung up.

She placed a second 911 call and again requested officers.

After hanging up, she opened the knife, a 9-inch buck knife with a 4-inch blade, and moved away from the entrance, according to the report.

Sgt. Scott Clifton arrived on the scene first. Also inside the store were another customer, the clerk and a second employee, according to the report.

The clerk warned Clifton that Frederick was armed; Clifton saw the knife and drew his gun.

Clifton told Frederick he was there to help her and told her to drop the knife.

Frederick said she didn’t believe Clifton, who was in full uniform, was a police officer, according to the report.

Then Cpl. Nick Torkelson arrived at the store.

Clifton told Torkelson to use his stun gun to subdue Frederick, and told Frederick to calm down and drop the knife.

Torkelson approached Frederick from around the aisle. Motsinger arrived at the store and followed Torkelson up the aisle.

Torkelson told Frederick he would not have to use the stun gun if she dropped the knife, according to the report.

Frederick said she was a paranoid schizophrenic and did not believe the men were police officers. The officers continued to order Frederick to drop the knife.

Torkelson fired his stun gun, but Frederick blocked one of the prongs with her purse.

Frederick charged at the officers with her knife raised, according to the report.

The officers backed down the aisle.

Torkelson fell. Motsinger fired three shots at Frederick, striking her in the upper left chest, her left thigh and her forearm, according to the report. One bullet went through Frederick’s heart and aorta, according to Stone’s report.

Tim Parker, a Eureka Springs lawyer who had represented Frederick, said earlier this week he was concerned about the circumstances of the shooting.

“I just don’t understand how police, as heavily armed as they are now, could use deadly force,” Parker said. “She wouldn’t hurt a fly. I can’t say what went through the officer’s mind who shot her. I haven’t seen the tape.”

Parker was out of the office Friday and not available for comment.

Stone’s report offers some details about Frederick’s struggle with mental illness.

Frederick sought treatment for hallucinations and paranoia over the last two years, according to the report.

Frederick checked herself in to Northwest Medical Center-Springdale in 2010, complaining of auditory hallucinations that had worsened following methamphetamine use, according to the report.

She was treated for methamphetamine-induced psychosis and left the hospital, according to the report. The report noted Palumbo said he was unaware of Frederick recently using any drugs.

Frederick sought treatment for the same symptoms July 29 at Mercy Medical Center in Rogers, according to the report.

“She was medicated by hospital personnel, and it was noted that her ‘symptoms resolved’ after receiving medication,” according to the report.

She was prescribed medication, but Palumbo told investigators Frederick did not fill the prescription.

Palumbo also said the couple decided Frederick would seek help at Ozark Guidance in Springdale. The couple decided to spend the weekend together and seek help the next week.

“Palumbo stated that as long as he had known Frederick, she had complained of hearing voices in her head and of being fearful that others were trying to kill her,” according to the report.

An autopsy was performed by the State Medical Examiner. Toxicology reports are pending, according to the report.