No wrongdoing by Fort Smith, Ark., of...

No wrongdoing by Fort Smith, Ark., officer in fatal shooting, prosecutor says

There are 120 comments on the 5News KFSM story from Nov 23, 2009, titled No wrongdoing by Fort Smith, Ark., officer in fatal shooting, prosecutor says. In it, 5News KFSM reports that:

The Sebastian County prosecutor has cleared a Fort Smith police officer of any wrongdoing in the fatal shooting of a man as officers responded to a report of a demostic disturbance.

Join the discussion below, or Read more at 5News KFSM.

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Kinley

Springdale, AR

#1 Dec 19, 2009
Fort Smith: A Target-Rich Environment
"This is what I call a Target-Rich Environment" - Viper, in the movie Top Gun
If you are a resident, and probably even a visitor, to Fort Smith, you are now part of this "Target-Rich" environment.
Back in 1875, there was a Judge Parker, known as the "Hanging Judge", who arrived in Fort Smith. His answer to almost every crime was to hang the accused. Today it would seem that we have a police force in Fort Smith that is carrying on this tradition. Instead of having a trial and using a rope, they are using vigilante justice and guns.
Now on Wednesday, December 2nd, 2009, an Officer Calhoun shot and killed a really dangerous man who was brandishing a BB gun. I sure hope Calhoun had the "Killer Cam" on so he can compare his video with Davis's.
It is amazing how this police department brags about their new "State of the Art" Killer Cams (which have been around for at least 10 years, by the way) but they do not seem to have any non-lethal means of subduing anyone. No tear gas, no bean bags, no Tasers and obviously no training. No, not for this police department. They don't need no stinkin' "non-lethal" tools. These guys have Hot Lead, are not afraid to use it and of course are not held responsible for their actions!

In Eric Berry's case, this cop Brandon Davis seems to have violated every policy and procedure on how to deal with barricaded people in the Fort Smith Police Department's manual (posted on their web site by the way). However, he did get some swell video on his "Killer Cam" that he and the boys can watch over beer and pizza on Saturday night. By following Fort Smith Police Department Policy and Procedures, Brandon Davis would NOT have entered Mr. Berry's home. He would have called for a more experienced, mature officer and either talked Mr. Berry out, contacted a relative or co-worker to talk him out or used tear gas to encourage him to leave. But no, KILLING him, it would seem, made better movie footage as Officer Davis was wearing his spanking new "Killer Cam" that he was dying to try out. No, it was Eric Berry who died, while Officer Davis tried it out, wasn't it?
It is interesting to note that on December 6, 2009, in Tulsa, Oklahoma, a man actually fired shots at his girlfriend. Police arrived. Thankfully, a Brandon Davis clone was not amongst them. They may have had a copy of the Fort Smith Police Department Policies and Procedures because they did everything in those procedures that Brandon Davis did NOT do. They secured the area, surrounded the house and negotiated with Darnell Edmondson, who came out with his hands up and was arrested, not shot, by Tulsa Police. Mr. Edmondson will now get an opportunity to have a judge and jury determine his guilt and/or punishment. Eric Berry had a one-man judge, jury and executioner. Which police department would you rather face if you are in trouble?
People of Fort Smith, you had better get to work replacing these people! You need a new mayor, a new chief of police and several new police officers, it would seem, if you want to protect your family in this town. The tactics these officers are using should have gone away with Judge Parker. In today's world, with modern equipment and a training program geared to save people and not kill them, you seldom do have to actually kill anyone.
It seems that we protect and safeguard insurgents and terrorists fighting our soldiers in Iraq more than we do citizens living in Fort Smith, Arkansas, just trying to make it through the day. Right now we have three Navy Seals on trial for just slapping a terrorist. We can't even get these cops in front of a judge for killing citizens of the U.S.! It seems you have members of this police department looking for targets and Fort Smith would seem to be a Target-Rich Environment.
Frank

United States

#2 Dec 19, 2009
Kinely, If you are going to espouse your hate for the FSPD you need to get your facts straight. The Shoutgun/pistol fight you refered to took place at a range of approx. 20-25 FEET! Ms. Stewart was Lying dead with money in one hand and a bag of dope in the other.[bad deal hitting a bystander..good deal one less known dope dealer] The cams you refer to are Brand new technology. FSPD is the first IN THE WORLD to test them. Actually they are wearing proto-types. Officer Calhoun and officer Davis are fine and couragous officers. If you have such strong opinions about how the police should handle situations like these please get some guts and apply to the Fort Smith Police Dept. today! Chief Lindsy is a fair and good person, I'm sure he would consider your applicatioin.
Frank

United States

#3 Dec 19, 2009
Everyone is entitled to their opinions,but no matter how you want something to be, or how a situation is twisted to conform with your own opinion,one thing can't be changed. The Truth.
Vendetta

Tulsa, OK

#12 Dec 31, 2009
Frank wrote:
Kinely, If you are going to espouse your hate for the FSPD you need to get your facts straight. The Shoutgun/pistol fight you refered to took place at a range of approx. 20-25 FEET! Ms. Stewart was Lying dead with money in one hand and a bag of dope in the other.[bad deal hitting a bystander..good deal one less known dope dealer] The cams you refer to are Brand new technology. FSPD is the first IN THE WORLD to test them. Actually they are wearing proto-types. Officer Calhoun and officer Davis are fine and couragous officers. If you have such strong opinions about how the police should handle situations like these please get some guts and apply to the Fort Smith Police Dept. today! Chief Lindsy is a fair and good person, I'm sure he would consider your applicatioin.
living in a cave are you? this sort of head cam has been worn by military all over the world for many years. And so what. And i still don't see your point. 20 or 25 feet. get down and aim your shot if you have to take it. If this had been a soldier in Iraq and he would have just shot wild like this nut did and hit and killed a civilian woman, there would be congressional hearings. These creatons are suppose to risk "THERE LIVES' to protect and serve. not much risk is just Spraying and Praying like this cop did is there?
Vendetta

Tulsa, OK

#13 Dec 31, 2009
Frank wrote:
Everyone is entitled to their opinions,but no matter how you want something to be, or how a situation is twisted to conform with your own opinion,one thing can't be changed. The Truth.
You are right. The truth is that Eric Berry should be alive today but for one bed wetting cop with a brand new camera on his head.
Josh

Dallas, TX

#21 Feb 16, 2010
Alot of people are just anti-police and will do anything to make them look bad. Like defending a pos wife beater and jus an all around waste of human life. This camera was a great tool but some people can't be convinced. Even if you had 2 cops with cameras in a room with a guy who kills himself the idiots that know him would still say the police killed him. No one takes responsibility for their actions anymore. If the police come in my house they won't have to tell me to get away from my gun it will already be done.
Connie Berry

Lexington, KY

#23 Dec 6, 2011
I am the widow of Eric Berry the man that a fort smith police officer murdered.I was standing next to the officer that shot and murdered my husband there was no weapon pointed at any of the officers. My hyusband had his cell phone in hand and was talking to his boss when shot. I will be the first to call the police officer and the whole damn city of fort smith law inforcement a liar. There has been so many untrue stories told by the police dept.that I am just so mad that they can kill innocent people and get away with it just because they hide behind a badge. I'm not saying that my husband wasn't in the wrong but he never held a gun on any of them and the video proves it. They broke every protocol that should have been followed and in doing so they killed a man that should, never had been shot.
Officer Bob

Van Buren, AR

#24 Dec 6, 2011
Connie Berry wrote:
I am the widow of Eric Berry the man that a fort smith police officer murdered.I was standing next to the officer that shot and murdered my husband there was no weapon pointed at any of the officers. My hyusband had his cell phone in hand and was talking to his boss when shot. I will be the first to call the police officer and the whole damn city of fort smith law inforcement a liar. There has been so many untrue stories told by the police dept.that I am just so mad that they can kill innocent people and get away with it just because they hide behind a badge. I'm not saying that my husband wasn't in the wrong but he never held a gun on any of them and the video proves it. They broke every protocol that should have been followed and in doing so they killed a man that should, never had been shot.
That would make for some good youtube or Liveleak video. I love to see a goober get his arse capped for not doing what a cop tells him to do. RESPECT MY AUTHORITY!
JCC

Fort Smith, AR

#25 Dec 6, 2011
Isn't Brandon Davis the officer that recently resigned for " behavior unbecoming to an officer" or some other bull excuse. And, I have to wonder if he capitalized on the interest free loan for the AR 15 rifles that the Chief illegally used from the Asset Forfeiture Funds?
sosad

Moorpark, CA

#26 Dec 6, 2011
Kinley wrote:
Fort Smith: A Target-Rich Environment
"This is what I call a Target-Rich Environment" - Viper, in the movie Top Gun
If you are a resident, and probably even a visitor, to Fort Smith, you are now part of this "Target-Rich" environment.
Back in 1875, there was a Judge Parker, known as the "Hanging Judge", who arrived in Fort Smith. His answer to almost every crime was to hang the accused. Today it would seem that we have a police force in Fort Smith that is carrying on this tradition. Instead of having a trial and using a rope, they are using vigilante justice and guns.
Now on Wednesday, December 2nd, 2009, an Officer Calhoun shot and killed a really dangerous man who was brandishing a BB gun. I sure hope Calhoun had the "Killer Cam" on so he can compare his video with Davis's.
It is amazing how this police department brags about their new "State of the Art" Killer Cams (which have been around for at least 10 years, by the way) but they do not seem to have any non-lethal means of subduing anyone. No tear gas, no bean bags, no Tasers and obviously no training. No, not for this police department. They don't need no stinkin' "non-lethal" tools. These guys have Hot Lead, are not afraid to use it and of course are not held responsible for their actions!
In Eric Berry's case, this cop Brandon Davis seems to have violated every policy and procedure on how to deal with barricaded people in the Fort Smith Police Department's manual (posted on their web site by the way). However, he did get some swell video on his "Killer Cam" that he and the boys can watch over beer and pizza on Saturday night. By following Fort Smith Police Department Policy and Procedures, Brandon Davis would NOT have entered Mr. Berry's home. He would have called for a more experienced, mature officer and either talked Mr. Berry out, contacted a relative or co-worker to talk him out or used tear gas to encourage him to leave. But no, KILLING him, it would seem, made better movie footage as Officer Davis was wearing his spanking new "Killer Cam" that he was dying to try out. No, it was Eric Berry who died, while Officer Davis tried it out, wasn't it?
It is interesting to note that on December 6, 2009, in Tulsa, Oklahoma, a man actually fired shots at his girlfriend. Police arrived. Thankfully, a Brandon Davis clone was not amongst them. They may have had a copy of the Fort Smith Police Department Policies and Procedures because they did everything in those procedures that Brandon Davis did NOT do. They secured the area, surrounded the house and negotiated with Darnell Edmondson, who came out with his hands up and was arrested, not shot, by Tulsa Police. Mr. Edmondson will now get an opportunity to have a judge and jury determine his guilt and/or punishment. Eric Berry had a one-man judge, jury and executioner. Which police department would you rather face if you are in trouble?
People of Fort Smith, you had better get to work replacing these people! You need a new mayor, a new chief of police and several new police officers, it would seem, if you want to protect your family in this town. The tactics these officers are using should have gone away with Judge Parker. In today's world, with modern equipment and a training program geared to save people and not kill them, you seldom do have to actually kill anyone.
It seems that we protect and safeguard insurgents and terrorists fighting our soldiers in Iraq more than we do citizens living in Fort Smith, Arkansas, just trying to make it through the day. Right now we have three Navy Seals on trial for just slapping a terrorist. We can't even get these cops in front of a judge for killing citizens of the U.S.! It seems you have members of this police department looking for targets and Fort Smith would seem to be a Target-Rich Environment.
I think a BB gun is still considered a weapon..ain't it? You kin poke somebody's eye out with it! go fspd!
would like an answer

United States

#27 Dec 10, 2011
JCC wrote:
Isn't Brandon Davis the officer that recently resigned for " behavior unbecoming to an officer" or some other bull excuse. And, I have to wonder if he capitalized on the interest free loan for the AR 15 rifles that the Chief illegally used from the Asset Forfeiture Funds?
I believe he resigned to take a better job with a lot less stress and from what I understand he actually owned the rifle you mentioned but sold it back to the city for what he paid for at Chief Lindsey's request. Im not exactly sure where you got the conduct unbecoming from but I don't believe that was ever mentioned anywhere but on your post that im aware of.....
Davis is in Greenwood

Fort Smith, AR

#28 Dec 13, 2011
would like an answer wrote:
<quoted text>
I believe he resigned to take a better job with a lot less stress and from what I understand he actually owned the rifle you mentioned but sold it back to the city for what he paid for at Chief Lindsey's request. Im not exactly sure where you got the conduct unbecoming from but I don't believe that was ever mentioned anywhere but on your post that im aware of.....
It was my understanding that a young female rookie also "resigned" at the same time for the same reason.
vendetta

Broken Arrow, OK

#29 Feb 29, 2012
This just keeps gettin better. seems the makers of the killer cam have provided some info on the chicken shxx Brandon Davis to the New York Times. in this article, it is made to sound like davis was fearing for his life and shot in self defense. this is of course total nonsense. davis apparently in a very rooky fasion had a "reflex" shot that hit Mr. Berry in the chest. the NYT article makes it sound like he aimed at and shot Mr. Berry in the Heart. No, this worthless piece of whale excrement shot Mr. Berry in the chest. his secons "reflex shot" went wild. His partner even said, "what the xxxx".
Mr. Berry was allowed to lie on the floor because the wortless excuse for a human being did NOT follow any of the Ft. Smith proceedures that applied in this case. The investigation was done by "One of their own" and like always, found him justified.
Please, dont anyone out there think this Davis clown is anything but a low life piece of crap looking to make a name for himself.
FCPS

Clarksville, AR

#30 Feb 29, 2012
He made a good name for his self he got rid of some trash and there is much more that needs to go I hate to here he left. Fort smith lost a good officer when he left to go to Greenwood.
Bill Mann

United States

#31 Mar 1, 2012
What issue of the NYT is this story in? I would like to read it
vendetta

Broken Arrow, OK

#32 Mar 7, 2012
Josh wrote:
Alot of people are just anti-police and will do anything to make them look bad. Like defending a pos wife beater and jus an all around waste of human life. This camera was a great tool but some people can't be convinced. Even if you had 2 cops with cameras in a room with a guy who kills himself the idiots that know him would still say the police killed him. No one takes responsibility for their actions anymore. If the police come in my house they won't have to tell me to get away from my gun it will already be done.
You sir are an idiot i believe. have you seen the video? I have. there is NO evidence on it that shows mr. Berry pointing a gun. and this was a domestic issue. since when do we kill someone for having a fight with his wife? Brandon Davis is a hot dog and a pretty worthless excuse for a human being. had he done this in Iraq, he would be put on trail and sent to jail. which is where he belongs
vendetta

Broken Arrow, OK

#33 Mar 7, 2012
I just watched the video again. Seems big bad brandon davis is tryin to make his killing of a human being into a great act of bravery on his part. it was not.. it was an act of a childish, power crazed individual who then lied like a dog ON CAMERA about the whole thing.
vendetta

Broken Arrow, OK

#34 Mar 7, 2012
Officer Bob wrote:
<quoted text>
That would make for some good youtube or Liveleak video. I love to see a goober get his arse capped for not doing what a cop tells him to do. RESPECT MY AUTHORITY!
Mrs. Berry is correct. It looks like Davis had a reflex shot. something an amatuer would do. the double shot is typical of such an action. And I hear from his bosses own mouth that he was on the phone with Eric when the Thug Cops kicked his door in and murdered him. If you know this guy, you should shun him. he is not fit to be with good people. he is a thug.
vendetta

Broken Arrow, OK

#35 Mar 7, 2012
FCPS wrote:
He made a good name for his self he got rid of some trash and there is much more that needs to go I hate to here he left. Fort smith lost a good officer when he left to go to Greenwood.
It is Greenwoods loss and fort smith's gain. Davis was the real trash in this situation. an total thug with no cajones. in a stand up fight Eric would have torn Davis's head off and crapped down his neck. Davis is one of those guys who must be "inadequate" and needs a gun and to shoot people to show he is a man. there are hundreds of examples on the internet of situations just like this one where Real cops, and not panty waist like davis, come away with a live person and no shots fired. like i said, Davis is Trash.
vendetta

Broken Arrow, OK

#36 Mar 7, 2012
Davis is in Greenwood wrote:
<quoted text>
It was my understanding that a young female rookie also "resigned" at the same time for the same reason.
That sounds more like it. Davis is a low life. this would fit his pattern.

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