Deputy cleared in man’s shooting

FORT SMITH - A Sebastian County sheriff ’s deputy was justified in shooting and wounding a man earlier this month who had beaten his mother and was holding a knife to her chest, the prosecuting attorney ruled Wednesday.

Dan Shue wrote in a letter to Sheriff Bill Hollenbeck that Deputy Richard Rivera shot Randall English, 29, in the shoulder because he feared for the safety of English’s mother, himself and Greenwood police officer Regan Whitworth, who also answered the call.

Sheriff’s office spokesman Investigator Philip Pevehouse said Rivera, who was suspended with pay after the shooting, has returned to work having been cleared by an internal investigation by the sheriff’s office.

The Arkansas State Police conducted the criminal investigation on the shooting, Pevehouse said.

Rivera and Whitworth were dispatched to 18207 U.S. 71 South on May 9 on a report of a violent domestic disturbance in progress. When they arrived, Shue wrote, Rivera saw English through a window beating his mother.

The two officers went inside and confronted English who grabbed his mother by the throat and held a knife to her chest. They each ordered him several times to put down the knife, but he did not comply and continued to struggle with his mother.

Rivera had a plain view of English’s shoulder and shot him there once, Shue wrote.

“In his interview, Deputy Rivera advised that he feared for the safety of the mother and for his own safety,” Shue wrote. “He stated that he fired the shot to stop the threat and knew from past experience with English that English was unpredictable.”

Interviewed later, English said he knew the officers knew he wasn’t going to put down the knife. He said he respected them for doing their job and said he wished Rivera had shot him in the head, Shue’s letter stated.

English has pleaded innocent through a court-appointed attorney to charges in Sebastian County Circuit Court of aggravated assault of a family or household member and reckless burning. He is being held in the Sebastian County jail in lieu of $100,000 bond.