Jury Finds Against Former Officer, Awards $20,000

Coleman Brackney, left, former Bella Vista police officer, makes his way to the Benton County Courthouse on Dec. 2 to plead guilty to negligent homicide in connection with the fatal shooting of James Ahern in Bella Vista. Brackney was sentenced to 30 days in jail and a $1,000 fine for the misdemeanor charge.

Coleman Brackney, left, former Bella Vista police officer, makes his way to the Benton County Courthouse on Dec. 2 to plead guilty to negligent homicide in connection with the fatal shooting of James Ahern in Bella Vista. Brackney was sentenced to 30 days in jail and a $1,000 fine for the misdemeanor charge.

Thursday, February 2, 2012

A jury today found in favor of the family of a man who was killed in 2010 by a Bella Vista police officer following a high-speed chase.

The jury awarded $20,000 to the family of James Ahern, finding against Coleman Brackney, the former police officer.

The trial began Tuesday in the lawsuit filed by the family of James Ahern against former Bella Vista police officer Coleman Brackney.

Brackney, 28 at the time, was convicted in the Jan. 20, 2010, shooting death of Ahern, 41.

A fatal sixth gunshot killed Ahern aftera high-speed pursuit ended near the corner of Harlan Lane and Arkansas Highway 340.

Brackney claimed he feared for his life as Ahern’s vehicle remained in motion.

A three-month investigation led to a manslaughter charge. In a plea agreement, in December 2010, Brackney entered a guilty plea to negligent homicide and was sentenced to one month in the Benton County Jail. He was fined $1,000.

According to the civil complaint filed in federal court in Fayetteville in December 2010, Ahern’s brother and sister — Thomas Ahern and Barbara Postert, both of Nebraska — claim that at the time of the shooting Ahern’s conduct did not justify Brackney’s use of deadly force. The suit claims Brackney used excessive force then tried to mislead investigators about what happened in an effort to justify the shooting.

Family members claim Brackney shot Ahern while he was unarmed and defenseless, calling it unlawful homicide.

Bella Vista Police Chief Ken Farmer said eight officers have been subpoenaed to the trial.