Family Of Suspect Shot And Killed By Police Plans To Sue

The family of a Fort Smith man shot and killed by police last week says they plan to file a wrongful death lawsuit against the city and the officer.

[Andy]

It's amazing how people always second guess what an officer has to do in the line of duty. Like this officer wanted to kill this guy if he didn't have to. Instead of blaming the police, why dont you blame the suspect who had the gun. Or better yet, i would like to see some of you critics out there do what these officers have to deal with on a day to day basis. Its sad the guy was killed, but none of this would have happened if he would have just gave up....stop blamming the cops for other peoples actions.

[Susan]

I have been waiting for people to say that the police was trigger happy. I know this officer and he is a kind and gentle man. If there had been a way to talk to this man before he waved a loaded gun around this officer would have done so. The cameras video will show the truth. The problem also is that if the wife was not going to file charges then why did she call the police. They go running every time you have a fight with your spouse. Grow up and handle your own problems. The police have enough to do without having to solve your problems.

[Concerned Citizen]

I couldn't agree more with Andy. As I have viewed these forums many times, I am sure some ugly things will be said about the actions of this officer. I understand that the family is upset, but consider a world where when a man beats up his wife, threatens her with a gun... and the police REFUSE to locate and arrest him. How much sense would that make?
When a woman was killed by her husband not too many years ago, after a domestic incident, the police were accused of not doing enough. Now they are confronted by another domestic violence suspect WHO POINTS A GUN AT THEM AND REFUSED TO PUT IT DOWN, resulting in the suspect being shot and killed, and the police are again accused of wrong doing. Anybody want to line up for a job like the one these guys have to do?

[Concerned Citizen]

As this family is obviously grieving, I will cut them a little slack. Having said that, they are wrong. The new technology didn't prompt the officer to take the life of this man, the actions of the man did. The officer didn't conduct an act of retribution and they are not trigger happy cops. The officers were not driving down the road and decided to stop at that house and shoot someone, they had cause to be there and while trying to conduct an arrest, were presented with the situation that led to the death of this man. The death is tragic, all deaths are. The family is grieving, all families do. The actions of the police will be called into question, they always are. The actions of this officer saved his life, the life of others, and is what they are trained to do. Thank God for police and their actions, as they are the guardians of this community.

[mike]

Hey, when you have a gun and the cop tells you to put it down, PUT IT DOWN. I can tell you one thing, these guys put their lives on the line day after day. They want to go home at the end of the day to their wives and kids, and when someone threatens that, there may be bad consequences. If, after being told to put it down, he did not put the gun down, he got what he had coming.

[Craig]

He had a weapon he was told to pu it down he failed to comply multiple times. Officer id what he had to protect himself. They were called for a domestic disturbance, which can be one of the dangerous calls a patrol officer gets. I understand the family is upset but blame the correct party not the officer.

[idiots]

What a bunch of retarded idiots...really??? you want to sue???? the officer should sue your family for the grief and emotional turmoil he and his family will have to bear due to your dumbass loved one's stupid actions.

[Joe]

I'm speechless....I know this Officer personally and he is a Good Officer....I for one am glad that Cpl Davis is on the job...Thank God for the Boys in Blue.If you ask Me Cpl Davis deserves a raise AND a Promotion!!!!

[Paula]

Good and kind officers can still make a bad judgement call. A few years ago, a young person went into our local grocery store with a gun, loaded, was upset about something, hold up in the back room for HOURS, waiving a gun around. All kinds of police came, including a helicopter with special cops. They did everything they could to talk him down and the young man ended up shooting himself. Our police did not go in demand he put his gun down and then just shoot him at point blank range. The police in Ft Smith could have backed out of the house and waited him out or brought in a negotiator to talk with him...they didn't do that either...they had to do the macho thing. I'd call that a bad judgement call, good cop or not they are just people and they make mistakes too...this was a mistake. He took away a father, a son, a brother, a friend and no one got to tell Eric Berry goodbye. He would not have killed himself, he was simply upset and needed someone to talk to him, he would have calmed down. This is a tragedy that the policeman could and should have handled differently.

[Adam]

It's easy to sit back and armcair quarterback in these sutuations. This event was tragic and unforeseen. However, the "blame" should not be lain at only at one side's feet. Either side could have made different decisions, but neither did. It is what it is. People will grieve, regret, and deal. The police and family both will always wonder what if, and that is also part of the real tragedy in a situation like this.

[Paula]

If the suspect had been the Good and Kind officer's relative, I'm sure he would have found another method for resolution. Eric made a bad choice but the officer also made a bad choice which resulted in a death. You can't bring Eric back, he can't talk with his kids and take them places, he can't speak with his Dad or sister or brother,or Mother. There will be no more family get togethers with this loved one...because this Good and Kind officer chose to take him out rather than deal with the upset emotions of this man. How do we even know whether the gun was loaded..It's not been reported in the news.

[Chris Williams]

It is always different looking in from the outside. An officer only has a split second to make a decision. Sometimes the decisions officers make takes the life of a loved one. Officers should be trusted to make the best decisions and that is why they enforce our laws and carry firearms to protect themselves and others. I believe these officers reacted to a situation that warranted deadly force. One can say what he or she would've done, but one does not know how he or she would have reacted. This officer reacted the way he was trained. This officer knew the dangers that he could have faced as soon as he put that badge on his chest. My hat is off to him for going home at the end of his shift. Afterall, that is the most important thing an officer of the law must remember. I believe people should stop looking at all officers in a bad light. They are people and they have families too. In this society people are always looking for a way to sue someone. They are in lay and wait for someone to mess up so they can take them to court. This is what society has done to this world. No one is safe from Lawsuits. Be careful! You may be the next one Federal Court.

[WOW]

The officers did not choose to just show up at the house. They were called by his wife that was scared for her life and safety after her husband who is supposed to be a loving father and son pulled a gun on her. Yes he may have been having emotional issues that should have been dealt with and this may not have been who he usually is but that day they were dealing with someone who was upset and hostile enough to pull a gun and become physical with his wife. He was given the option to give up and talk things out but he made the decision threaten a mans life that he knew nothing about. He wasn't thinking does this officer have a wife or kids his decision at the time was to point a firearm at a police officer. And the comment about well it may have not been loaded? Well next time someone points a weapon at you and there is an officer there be sure to tell him oh no don't shoot him please check to see if it's loaded first. Well the way they usually find out if a weapon is loaded is when someone innocent is killed. The officers only made decisions after that man made the decision to become physical with his wife and pull a gun out. He made the decision to point it at officers after he broke the law. So sleep well at night knowing that officers you choose to judge and blame are still out there day after day....night after night risking their lives for people they don't know who for all they know despise police. That if someone is breaking into your home they come to your rescue riscking their lives for someone who they don't know. Why I'm even wasting my time trying to show you how the real world works I don't know. There is no hope for people that think like you. But you will need the police someday for something and when you do they will come. They will do their job to the best of their ability. They will risk their lives to save yours. Even after reading all your discontent and blame and judement on them. And hey if someone does break into your home try talking to them and if they point a gun at you take it as ohhhh they just wanna talk. Let me know how that turns out.

[citizen]

Some people really suprise me, mainly the people second guessing the actions by Cpl. Davis. To these people, I want to say this: Have you ever had a gun pointed at you? Have you ever been shot? Unfortunately, I can't answer no to both of those questions. Brandon made the right decision in this instance. To all of the people saying that he should have backed off, who is to say that as soon as they did, and were attempting to evacuate the area, Mr. Berry wouldn't open fire, possibly killing an innocent citizen. What kind of scrutiny would Cpl. Davis be under after the video showed Mr. Berry pointing the gun at him, and rather then ending the deadly situation, he backed off and someone else got hurt? A friend of mine was killed almost three years ago by a man that pulled a gun on him while he was resonding to a call to help a female. His name was Daniel Martinez. He had five kids.

[Paula]

WOW wrote:

The officers did not choose to just show up at the house. They were called by his wife that was scared for her life and safety after her husband who is supposed to be a loving father and son pulled a gun on her. Yes he may have been having emotional issues that should have been dealt with and this may not have been who he usually is but that day they were dealing with someone who was upset and hostile enough to pull a gun and become physical with his wife. He was given the option to give up and talk things out but he made the decision threaten a mans life that he knew nothing about. He wasn't thinking does this officer have a wife or kids his decision at the time was to point a firearm at a police officer. And the comment about well it may have not been loaded? Well next time someone points a weapon at you and there is an officer there be sure to tell him oh no don't shoot him please check to see if it's loaded first. Well the way they usually find out if a weapon is loaded is when someone innocent is killed. The officers only made decisions after that man made the decision to become physical with his wife and pull a gun out. He made the decision to point it at officers after he broke the law. So sleep well at night knowing that officers you choose to judge and blame are still out there day after day....night after night risking their lives for people they don't know who for all they know despise police. That if someone is breaking into your home they come to your rescue riscking their lives for someone who they don't know. Why I'm even wasting my time trying to show you how the real world works I don't know. There is no hope for people that think like you. But you will need the police someday for something and when you do they will come. They will do their job to the best of their ability. They will risk their lives to save yours. Even after reading all your discontent and blame and judement on them. And hey if someone does break into your home try talking to them and if they point a gun at you take it as ohhhh they just wanna talk. Let me know how that turns out.

I understand what you are saying and I think there are situations that a policeman would have a split second to decide and sure he didn't know Eric and only knew what the wife was telling them...but in the end, agreeing with most of what you are saying, I just felt the officers could have backed out of the house or not gone in the house to begin with and talked thru the door long enough to get a read on what the problems were...they didn't have to go in the house...I don't know all the circumstances only what I've seen on TV reports. It's just my humble opinion like everyone else that gave theirs. I'm sad for the family also sad for the officer who has to live with the decision he made.

[ftsm]

Paula wrote:

If the suspect had been the Good and Kind officer's relative, I'm sure he would have found another method for resolution. Eric made a bad choice but the officer also made a bad choice which resulted in a death. You can't bring Eric back, he can't talk with his kids and take them places, he can't speak with his Dad or sister or brother,or Mother. There will be no more family get togethers with this loved one...because this Good and Kind officer chose to take him out rather than deal with the upset emotions of this man. How do we even know whether the gun was loaded..It's not been reported in the news.

You should just keep your comments to yourself because you must be in fairytale land lady! No he isnt going to deal with a family member like that because he may know what his own family is capable of! He doesnt know this man or what his next actions will be and if his own family couldnt calm him down why should the officer be expected to. Are you telling me if someone pointed a gun at you that you would talk sweet talk and not try to protect yourself?! You must be crazy to think the way you do! And by the way if someone is about to shoot you are you going to take the time to say oh wait a minute is your gun loaded? Hell No and if you do your ass will be dead! The officer was protecting himself!!!!!!!!!!1

[Cade]

I believe that the family has no right to sue the police department, city or state for this unfortunate situation. The police did everything they were supposed to do, and were not negligent in anyway. It's kind of hard to prove wrongful death when the victim is on camera pointing a gun at the police...don't you think?

[Alice Medlock]

I feel the death of Eric Berry is a tragic mistake. Does a man not have the right to have a gun inn his own house? This incident appears to be an hysterical reaction by the police to a report filed by the wife. This young man was not in the street threatening anyone, neither his wife nor the police. If there was no immediate danger WHY did the wife or the police not call Eric's relatives to go in and talk to him????Are the police officers trained to shoot to kill anyone that THEY feel is a THREAT to them? I hope the officer that shot and killed this War vet can live with what he has done,A young man that fought for our country is now dead, killed in his own home by the police over an incident that only ONE side had been heard.I hope everyone involved will have to account for their actions

[wondering]

Paula wrote:

If the suspect had been the Good and Kind officer's relative, I'm sure he would have found another method for resolution. Eric made a bad choice but the officer also made a bad choice which resulted in a death. You can't bring Eric back, he can't talk with his kids and take them places, he can't speak with his Dad or sister or brother,or Mother. There will be no more family get togethers with this loved one...because this Good and Kind officer chose to take him out rather than deal with the upset emotions of this man. How do we even know whether the gun was loaded..It's not been reported in the news.

Dear, a lot of things are not reported in the news. I for one realize how you feel that there was no reason for this to have happened. But, what you are saying is that when a gun is pointed at you, your going to care about the emotions of this man? This man apparently had the opportunity to put the gun down and he failed to act on the requests/orders of the police. This showed that he had no regard for the life of the officers or for himself.

[Michelle]

It is sad for the way this happened, but the man was pointing the gun at officer after they repeatedly told him to drop it. The officers were doing as they were trained to do. Imagine yourself in their positions, its not easy putting your life on the line everyday not knowing what your about to walk into. "Trigger happy?" I'd like to see them try walking in an officer's shoes one day. Its so funny how people are quick bad mouth an officer, but they will still call one when they need help. Thank you Police Officers for all you do to protect us.