FORT SMITH - A Fort Smith police officer was justified in shooting a suspected drunk driver in the leg last month while struggling with him to stop a moving car, Sebastian County Prosecuting Attorney Dan Shue ruled Monday.
Brandon Djordjevic shot Anthony Dewayne Price, 31, because he believed Price was reaching for a weapon as Djordjevic struggled with him to stop the car, Shue wrote in a four-page report to Police Chief Kevin Lindsey.
“The objective, circumstantial evidence points to the conclusion that Djordjevic reasonably believed that deadly physical force, or the threat thereof, was necessary to arrest Price or to prevent his escape,” Shue wrote. He continued that the officer reasonably believed he needed to use deadly force to protect himself and others.
Djordjevic remains on leave while the department finishes its internal investigation, Lindsey said.
Shue wrote that police officers were called to the Seasons Inn hotel at 2219 Waldron Road during the early morning hours of March 31 on a report of someone refusing to leave after a party at the hotel.
Price drove past officers in the parking lot playing music loudly and ignored repeated orders to turn it down, according to Shue’s report. Price finally turned down the music but Djordjevic, standing next to the car, smelled alcohol and saw a bottle sitting on the front passenger seat.
When asked by another officer, Price said he didn’t have a driver’s license and became uncooperative when the officer asked for his name, the report stated.
Djordjevic then saw Price moving his hand to the car’s gearshift and his foot to the accelerator, Shue’s report stated. He opened the passenger door to the car and reached for the gearshift to prevent Price from driving off. Price drove off with Djordjevic only partially inside the car.
As the car traveled down Waldron Road to the busy intersection at Rogers Avenue, Djordjevic repeatedly ordered Price to stop and slapped at Price then punched him, Shue wrote.Price reached for the center console and Djordjevic heard something metallic, as Price he was grabbing for something Djordjevic couldn’t see. He pulled Price’s hand away, but Price reached for the center console again.
Fearing Price was reaching for a hidden weapon, Djordjevic drew his pistol and told Price twice to stop or he would shoot, the report stated.
During that time, the car continued on Waldron Road and crossed the Rogers Avenue intersection, jumped a curb and rolled into a parking lot, according to the report. Djordjevic shot Price once in the right leg, causing him to take his foot off the accelerator, and the car stopped.
Officers didn’t find a weapon when they searched the car.
Price, who was treated at a Fort Smith hospital, is being held without bond in the Sebastian County jail. He has pleaded innocent in circuit court to charges of aggravated assault and possession of cocaine, according to the circuit clerk’s office.
Northwest Arkansas, Pages 7 on 04/30/2013