BENTONVILLE — A Benton County Sheriff's Office deputy was justified in using deadly force in a standoff where he shot a man last month.

Prosecutor Van Stone said Tuesday that Capt. Nathan Atchison was justified in the Feb. 13 shooting.

Devin Weaver, 24, of 20329 Canary Road in the Rocky Branch area, was arrested in connection with aggravated assault, aggravated assault on a family or household member, domestic battery in the first degree, terroristic threatening in the first degree, two counts of endangering the welfare of a minor in the first degree, three counts of false imprisonment in the first degree and felony with firearm enhancement. He was being held in the Benton County Jail on $250,000 bond Tuesday.

Deputies went to Canary Road about 1:30 a.m. Feb. 13 after Weaver's wife, Ashley Weaver, called 911, according to court documents. Sgt. Charles Wells saw Ashley Weaver in the house, "covered in blood." Wells helped her escape, but two children remained in the home with Devin Weaver, who was armed.

Ashley Weaver said Devin Weaver hit her with a shotgun, his fist and stomped her head, according to the probable cause affidavit. A deputy was able to convince Devin Weaver to allow the children to leave the house. Weaver remained and deputies reported hearing shots from the house.

Atchison, a Swat team leader, said he heard a gunshot as he and two other team members approached the house. They went to the garage area and used a car for cover.

Atchison said he heard screaming from the house, but couldn't hear what was being said as a negotiator talked Weaver. Atchison saw the children come out.

Atchison saw Weaver near the door through his gun's scope and could see the barrel of Weaver's gun coming up as the negotiator continued to talk with Weaver\. Atchison fired four or five times through a window, the report states.

Weaver was shot in the arm and torso and was taken to Washington Regional Medical Center in Fayetteville.

Weaver told an Arkansas State Police investigator he was going to shoot himself and he and his wife struggled over the gun. He also said he called his father and told him he was going to get authorities to shoot him. He figured if he shot a little bit then authorities would shoot him.

Paul Weaver confirmed his son told him he wanted authorities to shoot him.

Atchison returned to work Monday after being on administrative leave.

"We are obviously happy with the outcome and for Captain Atchison," said Keshia Guyll, spokeswoman for the Benton County Sheriff's Office said. "Captain Atchison is relieved to be back at work and back to his normal routine."

NW News on 03/19/2014