FORT SMITH -- Two Fort Smith police officers and a Sebastian County sheriff's deputy remained on paid leave Monday after a police confrontation in which the deputy shot to death a 23-year-old man.

Justin Wayne Higgins died Saturday from a gunshot wound in the upper torso after exchanging gunfire with the two police officers, hijacking a vehicle and trying to hijack another vehicle occupied by a man and his three young children. The police officers, deputy and the man and children all were unhurt.

Higgins was shot by Deputy Joshua Heidelberg, who was off duty at the time and who confronted Higgins as he tried to drive off in Heidelberg's vehicle. Police said Heidelberg fired his service pistol at Higgins twice after a gun Higgins pointed at Heidelberg misfired.

Also on administrative leave Monday were Fort Smith patrol officers Angus Bradford and Lindsay Herring, according to a Police Department news release.

Police initially were called to 35 Aberdeen Circle just before 5 p.m. Saturday on a report of a domestic dispute, police Sgt. Daniel Grubbs said. A woman reported that a man wearing jeans and a white T-shirt was trying to kick in the door to her home.

The man fled before police arrived, but a man fitting the description of the one in the domestic dispute call was seen minutes later around the on-ramp of Interstate 540 and Jenny Lind Road north of Aberdeen Circle, Grubbs said. As Bradford and Herring turned around, they saw the man leap into a pickup stopped at the intersection.

Grubbs said Higgins pointed a gun at the pickup driver and ordered him to drive back to 35 Aberdeen Circle. The officers followed the pickup.

When they arrived at the Aberdeen Circle address, Higgins got out of the pickup and fired at least two rounds at the officers, hitting the patrol car, Grubbs said. The officers took cover and returned fire. Grubbs said four rounds from the officers hit a house as Higgins ran between two houses to escape.

Meanwhile, Heidelberg had just arrived at a friend's home on Bellhaven View Court, a cul de sac just north of Aberdeen Circle, to pick up a friend and his three small children, said sheriff's spokesman Philip Pevehouse. Heidelberg heard the shooting and screaming on Aberdeen Circle and drew his service pistol and walked toward Brooken Hill Drive.

Aberdeen Circle and Bellhaven View Court are two cul de sacs off Brooken Hill Drive about a block apart.

Heidelberg returned to his vehicle moments later to find Higgins in the driver's seat and holding a gun to his friend's head. The friend was in the passenger seat of Heidelberg's vehicle, and his three children were in the back seat.

Higgins then began backing the vehicle out of the driveway. Heidelberg yelled at Higgins to stop and Higgins put the vehicle in park, got out of the vehicle and pointed his gun at Heidelberg, Pevehouse said.

Grubbs said that when Heidelberg heard Higgins' gun click as it misfired, he fired twice at Higgins, hitting him once in the upper torso about 5:20 p.m. Higgins died at the scene.

Police did not identify the man or the children.

A news release from the sheriff's office Monday said Heidelberg, a two-year veteran of the force who is a deputy at a juvenile detention center, remained on paid administrative leave while an internal investigation of the shooting was conducted. Pevehouse said such leave is routine in cases of officer-involved shootings.

Bradford has three years of service with the Fort Smith Police Department and Herringhas two years on the force, according to the news release.

According to the release, Fort Smith's Response to Resistance policy states, "Employees whose actions or response to resistance results in serious injury or death to any person will be placed on administrative leave (with pay) for a minimum of 48 hours to provide sufficient time for scheduling the counseling session and to assist the Office of Professional Standards."

NW News on 08/12/2014