SPRINGDALE -- Two Springdale police officers have been cleared in the fatal shooting of a man who shot at them during a traffic stop on Oct. 4.
Sgt. Josh Kirmer and officer Roger Eubanks were found to be justified in the shooting of 26-year-old Zachary Sutton in the 200 block of Gates Avenue near the intersection of Turner Street and Gates about 10:36 p.m.
"In the (dash cam) video it's clear -- he had a gun, he pulled it on them and fired it. They were totally justified in their actions," Washington County Prosecuting Attorney Matt Durrett said Tuesday.
The Washington County sheriff's office investigated the shooting and turned its findings over to Durrett, who officially determined there was no wrongdoing on the officers' part.
Durrett provided a DVD of the dash cam video and audio that began when Eubanks stopped Sutton, who was driving his scooter.
"You know why I'm stopping you again. I'm stopping you because your license is suspended for DWI. You can't be driving any vehicle," Eubanks said in the video. Sutton replied that he was picking up a friend. "So you're still out driving your scooter even though I've told you multiple times you can't be driving this scooter."
As Eubanks speaks to Sutton, the video shows that Kirmer, who arrived as backup, approached but stood back to observe as Eubanks continued to speak to Sutton.
"I've told you three times I know for sure in less than 10 days. You can't be driving any motorized vehicle, man. Your license is suspended for DWI," Eubanks said.
Eubanks asked Sutton for the name of the friend he was picking up, then asked if his ID is in his back pocket. Sutton seemed to confirm that it is and began to reach for it. Eubanks told him not to reach for it.
Eubanks turned on his flashlight, walked behind Sutton and asked him to close his arms behind his back. Sutton began to comply by dropping his arms loosely, but as soon as Eubanks began to reach into Sutton's back pocket, Sutton lifted the front of his shirt and took a fast step forward, pulling a gun from what appears in the video to be the left side of his waistband as he turned toward the officers. He pointed the gun at Kirmer with his left hand and then shifted his aim toward Eubanks and fired a shot before taking off down the road, fleeing the officers.
Kirmer moved to his right and Eubanks moved to his left, going off camera, when Sutton pulled his gun. Each drew his sidearm and returned fire several times. Sutton was struck while running. The gunshot caused Sutton to spin around and fall to the ground on his back.
As Kirmer radioed for assistance, Eubanks ran toward Sutton, who lay on the ground motionless, with Eubanks screaming, "Show your hands!"
After Eubanks and Kirmer approached Sutton, the video shows Eubanks kneeled down, turned Sutton's body face down and shouted, "Give me your hands! Give me your (expletive) hands!" Kirmer reassured Eubanks, saying, "You're good, you're good. Handcuff him, handcuff him."
After Kirmer reassured Eubanks a few more times, Eubanks said, "I got first aid in my car." Kirmer told Eubanks to "go ahead," and Eubanks ran toward his squad car as other officers approached the scene in wailing squad cars about 53 seconds after Sutton pulled his gun.
Officers performed CPR on Sutton, but he was later pronounced dead at Northwest Medical Center-Springdale.
Sutton died from a single gunshot wound in his upper back, Durrett said.
Madison King, who lives in a Gates Avenue residence near the spot where Sutton was shot, said she arrived home as an officer performed CPR on Sutton, and that it was "10 to 15 minutes" before an ambulance arrived.
Sutton used a .45-caliber semi-automatic handgun to fire at the officers. Although Sutton first pointed his gun at Kirmer, it's unknown if he tried to fire at Kirmer before aiming at Eubanks and firing a shot, Durrett said.
"It's unclear if he pulled the trigger at that point and realized that he didn't have a bullet in the chamber," Durrett said.
When the officers returned fire, they fired a combined 12 shots, with Eubanks firing eight rounds and Kirmer firing four, Durrett said.
Jennie Barker, who lives on Gates close to where the shooting occurred, said she heard five to seven gunshots and that two bullets hit the left side of her home. She said one of the rounds embedded in the drywall and caused a bump to form in the wall in her home.
Sutton had been booked into the Washington County jail several times in the past. Jail records show he was jailed on aggravated assault, engaging in continuing criminal gang and felony criminal mischief in 2008; breaking or entering in 2009; aggravated assault and engaging in violent criminal group activity in 2010; terroristic threatening and misdemeanor assault in 2012; and violation of protection order in 2013. Durrett said he does not know of any previous incident in which Sutton acted aggressively toward officers.
After Sutton was pronounced dead at the hospital, his body was sent to the state Crime Laboratory for an autopsy and toxicology exam. The results of the toxicology exam have not yet returned, but there was no indication Sutton was inhibited by any substance at the time of the shooting, Durrett said.
Kirmer and Eubanks were placed on administrative leave, which is standard practice after officer-involved shootings. They are still on administrative leave and will remain so until an internal investigation is completed, Lt. Derek Wright of the Springdale Police Department said in a news release Tuesday.
Kirmer has been with department for 15 years; Eubanks has been with the department for three years. Both work in the patrol division, according to a a previous release.
Durrett said he is not aware of Kirmer or Eubanks being involved in a shooting before Oct. 4.
Metro on 10/19/2016