Prosecutor determines Bentonville police shooting was justified

The front yard Saturday, Dec. 7, 2019, at 3609 Briar Creek Avenue in Bentonville. Bentonville Police shot and killed a man late Friday night who was suspected of robbing the Kum & Go convenience store a short distance down Greenhouse Road (to the right of the frame).
The front yard Saturday, Dec. 7, 2019, at 3609 Briar Creek Avenue in Bentonville. Bentonville Police shot and killed a man late Friday night who was suspected of robbing the Kum & Go convenience store a short distance down Greenhouse Road (to the right of the frame).

BENTONVILLE -- A teenager left a suicide note apologizing to the police officer that shot and killed him, according to Benton County Prosecutor Nathan Smith.

Dominick Matt, 17, was shot and killed by Bentonville police officer Joseph Brown, who was searching for the suspect in the robbery of a convenience store at 3610 S.W. Regional Airport Road.

Smith released a letter Friday finding Brown's actions were justified.

The Arkansas State Police was assigned to investigate the shooting and they turned over their investigation file to Smith.

The investigation determined at 11:07 p.m. Dec. 6 a store clerk at the convenience store called 911 to report a robbery. The clerk said a man came into the store and demanded she open the cash register and when she refused he left the store on foot, according to Smith's letter.

The suspect was described as having shaggy hair and wearing a white shirt and blue jeans, according to the letter. Brown was in the area and began searching for the suspect near the store, according to the letter.

Brown stopped at the intersection of S.W. Briar Creek and S.W. Greenhouse Road after seeing the suspect. Brown got out of his patrol vehicle and the suspect, with his hands in his pocket, turn and approached him, according to the letter.

Brown had not activated his lights or siren, so his dashcam was not recording, Smith said.

Brown ordered the suspect to stop, take his hands out of his pockets and put his hands in the air, Smith said.

The suspect put his hands in the air and Brown saw a small handgun in the suspect's right hand, the letter states.

Brown drew his weapon and ordered the suspect of drop the gun, but the suspect pointed his gun at Brown, who fired his weapon twice striking the suspect in chest. Brown estimated he was five to 10 feet from the suspect when he shot him, according to the letter.

The suspect died at the scene and was later identified as Matt.

National Suicide Prevention Lifeline 800-273-8255 or an online chat at https://suicidepreventionlifeline.org/chat/.

Brown applied first aid and called for EMS over his radio, according to the letter. Brown was attending to Matt who said "thank you" to the officer, according to the letter.

Brown did not understand the meaning, but a note was found in one of Matt's pockets, according to the letter. Matt's handwritten note apologized to the store clerk and police officers and thanked the officer that shot him, according to the letter.

Matt wrote that "this was the easiest way for him to escape," according to the letter. He also wished the officer a long and prosperous life and stated there was money in his pocket to pay the store clerk for what he had taken, the letter states.

Matt wrote he smoked marijuana earlier that day, but claimed it had not affected his judgment.

Matt's parents told police he was a "bright, but troubled young man," but had been dealing with depression and had previously attempted suicide, according to the letter. Matt took anti-depressant medications and had recently changed medications, the letter states.

The parents said he told his father at 10 p.m. he was going for a walk and left the house, according to the letter.

Matt's father told police his silver and black Berreta PICO was missing. It was the gun Matt had on him when he encountered Brown, according to the letter.

Smith said Matt did not intend to harm anyone in his attempt to end his life, and Smith found the shooting was justified because Brown acted as any other reasonable officer would have done based on his belief that Matt presented an imminent deadly threat, according to the letter.

Brown was placed on paid administrative leave after the shooting.

NW News on 12/21/2019

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