SPRINGDALE — A city police officer was cleared of wrongdoing when he fired shots during an incident in the parking lot of Neighborhood Market on East Robinson Avenue on June 12.
Police said Rainbow Kilo Rasphoumy, 40, pulled a gun and pointed it at officers who tried to question him. The gun was later determined to be a toy.
John Threet, Washington County prosecutor, said his investigation included a review of accounts by police and eyewitnesses before deciding to clear the officer, Jake Whorton.
“I think it was clear the officer fired shots in fear that the man would shoot someone on the scene,” Threet said. “I went over all the testimony to make sure I would not miss anything.”
When Whorton arrived at the parking lot, officers were yelling “gun” and were taking cover, according to the report.
Rasphoumy admitted holding the gun out the window. The toy pistol was a cap pistol, that makes a bang when the trigger is pulled. He denied the gun made any sound.
However, a witness, Solanda Nelson, who was entering the store, said Rasphoumy shot three times and officers shot back, according to reports. Another witness, Ronnie Main, and an officer also said they heard the gun pop.
Rasphoumy wasn't believed to have had access during the incident to a real gun officers found when searching the vehicle, according to the report.
Whorton, who was behind and to the left of Rasphoumy’s van, shot at the driver’s position in the van, according to the report. He couldn't see Rasphoumy, only the gun. Several of his shots ricocheted off a supporting post in the side of the van directly behind the driver’s seat.
Whorton fired at least seven shots, then stopped. Rasphoumy, who wasn't injured, covered the windows with towels. Officers talked him into surrendering after about 45 minutes.
The incident began when Rasphoumy’s niece, Jane Montero, called police to report his suspicious actions. He pulled in the market parking lot where the standoff developed. Officers used a stun gun on Rasphoumy, while trying to remove him from his vehicle.
Rasphoumy was arrested in connection with five counts of felony terroristic threatening, second-degree assault and misdemeanor resisting arrest. He was in the Washington County Detention Center on Tuesday in lieu of $10,000 bond.