Officer justified in Arkansas killing; in letter, prosecutor says 21-year-old posed threat to Rector policemen’s safety

A Rector police officer was justified in fatally shooting a man with a gun in late December, a prosecuting attorney has determined.

Second Judicial District Prosecuting Attorney Scott Ellington sent a letter to Arkansas State Police Colonel Bill Bryant on Monday saying that 21-year-old Gary C. Warbritton posed a threat to officers' safety when he pointed a weapon toward them Dec. 26.

The encounter between Warbritton and officers was captured by a bystander on a Facebook Live streaming video.

The letter said Rector officers responded to a report at 3:46 p.m. of a man brandishing a firearm on South Main Street and found Warbritton, who was wearing no shirt and dark pajama bottoms as he waved a "western-style revolver" in the air.

Police initially tried to talk Warbritton into dropping the weapon, but instead Warbritton pointed the revolver toward officer Michael Turner, who "immediately" fired four shots toward Warbritton, Ellington said.

All four bullets missed Warbritton, the letter said.

Warbritton reportedly walked around for several minutes and yelled at officers repeatedly before walking toward another officer and pointing the gun toward him, according to the letter.

In the video, Warbritton stands just a few feet from the two officers in front of him near a gas station, a long revolver in his hand. Ellington's letter said 4 feet separated them.

One of the policemen kept his gun pointed toward Warbritton, and when Warbritton lunged forward, the officer pulled the trigger, the video shows.

The bullet lodged under Warbritton's right arm, Ellington said.

In the video, Warbritton wavers and one knee buckles after the weapon fires. He falls to the ground, braces himself on one arm and points the gun in the direction the officer who shot him, the video shows.

The officer jumps forward, grabs the gun and puts Warbritton in handcuffs, the video shows.

Warbritton was pronounced dead at the scene at 4:32 p.m., according to the letter and a release from the Arkansas State Police.

Ellington's letter said Warbritton was pointing the gun toward Turner and a bystander when officer Jeffery Wolfenbarger pulled the trigger and handcuffed him.

No officers were injured in the incident, according to previous reports.

Ellington said his preliminary findings indicated that the officers had reason to believe their lives were in danger, indicating that the shooting was justified, but the case remains open until the conclusion of autopsy and ballistic reports.

Rector has about 1,800 people, according to 2017 census data, and is located in Clay County in northeast Arkansas.

Metro on 01/19/2019

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