FORT SMITH -- Two Fort Smith police officers and an off-duty Sebastian County sheriff's deputy were justified in using deadly force in a shootout last month with an Oklahoma man, according to a ruling by Prosecuting Attorney Dan Shue.
The Sebastian County prosecutor concluded that police officers Angus Bradford and Lindsey Herring and Deputy Joshua Heidelberg were justified in the use of force against Justin Wayne Higgins, 23, of Bixby, Okla., in a south Fort Smith neighborhood Aug. 9.
Bradford and Herring returned fire at Higgins when he shot at them after exiting a pickup he had carjacked. Heidelberg shot and killed Higgins minutes later when Higgins attempted to carjack Heidelberg's pickup and shoot him. Higgins' gun did not fire.
Heidelberg's two young children and his sister-in-law's child were in his pickup, according to Shue's report.
Given the totality of the evidence, Shue wrote, the officers had reasonable belief that Higgins was committing aggravated robbery/kidnapping and attempted capital murder or that deadly force was necessary to defend themselves or others from what they reasonably believed to be the use of deadly force.
The officers were placed on administrative leave after the shooting, in accordance to each agency's policy. Heidelberg returned to work around Aug. 25, sheriff's office spokesman Philip Pevehouse said. Bradford and Herring returned to work Aug. 14, police spokesman Sgt. Daniel Grubbs said.
Another officer at the scene during the shooting, Alejandro Marin, did not fire any shots but was on administrative leave from Aug. 15-22, Grubbs said.
Grubbs said it is the department's policy to place officers on administrative leave after the use of deadly force for at least 48 hours to enable them to seek counseling if necessary. The internal investigation into their roles in the shooting was still ongoing Friday, although they are not suspected of any departmental policy violations, he said.
Shue summarized the events leading up to the shooting in his report. The episode began when Higgins, armed with a handgun, kicked in the door at 35 Aberdeen Circle and threatened two women inside. He fled when one of the women called police. Higgins then walked between some houses and hopped over a fence onto the Interstate 540 right of way.
Higgins approached a vehicle that had just exited the interstate and was stopped at Jenny Lind Road, according to Shue's report. He asked the driver for a ride, but the driver refused.
The report stated Higgins climbed in the passenger window, pointed the gun at the driver and ordered him to drive, directing him back to 35 Aberdeen Circle. Herring and Bradford, who responded to the disturbance call at the residence, had spotted Higgins carjacking the vehicle and followed in their patrol cars.
Heidelberg was at another home on Aberdeen Circle preparing to go out for pizza, according to the report. He and his companion, Kody Miller, saw Higgins walk between the houses, cross the fence onto the interstate, Herring arrive at 35 Aberdeen Circle and leave, and the vehicle pursuit back to 35 Aberdeen Circle.
When the carjacked vehicle arrived at 35 Aberdeen Circle, Shue wrote in his report, Higgins got out and fired at the police officers following him. At least one shot hit a police car. The officers returned fire, and Higgins fled again between two houses.
Shue's report stated that Heidelberg heard the shooting, got his gun and badge, and began walking toward Brooken Hill Drive -- off which Aberdeen Circle emanated -- to assist with traffic control. Moments later, he saw Higgins pointing his gun in Miller's face then getting into Heidelberg's truck.
Miller and Heidelberg yelled at Higgins not to take the truck and to put the gun down because the children were inside, according to the report.
Higgins got out of the truck, turned toward Heidelberg, pointed his gun at him and pulled the trigger. The gun did not fire; Heidelberg fired twice at Higgins, hitting him in the chest.
NW News on 09/06/2014