The Jan. 9 use of deadly force against a man by an England police officer was "fully justified," Lonoke County Prosecuting Attorney Chuck Graham said in a letter released Thursday afternoon.
Jimmy Foreman, 71, of England was fatally shot by officer John Siems after Foreman had shot and killed his stepson, Dwain Foreman, 44, about 2:15 p.m., reports say. The shooting occurred at 422 SE Third St. in England.
"The evidence is consistent with the conclusion that Siems was in fear for his life and others after Jimmy Foreman pointed a handgun at him and had just fired a round from that same gun into the victim, Dwain Foreman, whom he had just shot multiple times," Graham wrote to Lt. Stacie Rhodes of the Arkansas State Police.
The state police investigated the case at the request of England police.
Graham wrote that the Foremans were fighting when Jimmy Foreman retrieved a Colt .45 revolver and shot Dwain Foreman inside the residence the two shared. Officers arrived after police received a 911 call from a witness, and Siems was heard by a witness and fellow officers telling Jimmy Foreman to put his gun down "multiple times."
Fellow officers "heard Jimmy Foreman state to [Siems] to 'just shoot me'" before Jimmy Foreman shot Dwain Foreman again and pointed his weapon toward Siems, Graham wrote.
"Having exhausted all other means of non-deadly force, Siems was forced to use deadly force upon Jimmy Foreman," Graham wrote.
Siems was placed on paid administrative leave while the case was reviewed, but England Police Chief Nathan Cook said Thursday that Siems was back working full time and at "no time" did the department feel as though Siems had violated any laws.
Court records show that Jimmy Foreman filed a petition for an order of protection against his stepson in Lonoke County Circuit Court on Oct. 14. The petition was dismissed Oct. 27.
Metro on 01/30/2015