Ex-cop wants victim's sheet out

Ex-cop wants victim's sheet out

There are 13 comments on the The Morning News story from Nov 26, 2010, titled Ex-cop wants victim's sheet out. In it, The Morning News reports that:

The attorney representing a former Bella Vista police officer wants the court to allow him to introduce the criminal record of the man his client is accused of killing.

Join the discussion below, or Read more at The Morning News.

Billy Bob

Rockford, IL

#1 Nov 26, 2010
I hope he gets them...ALL info in this case needs to come out.
Gulf War Vet

Bentonville, AR

#2 Nov 26, 2010
The affadavit of which is public record clearly states that Officer Brackney had absolutely NO knowledge of who was driving the vehicle.

Therefore, any past misdemeanor record of 'Jon Doe', the 'unknown driver' had absolutely no bearing on the decision made by Officer Brackney who performed the role on his very own accord as Judge, Jury, and yes, EXECUTIONER!
Billy Bob

Rockford, IL

#3 Nov 26, 2010
No ALL info needs to come out.. Including info about the instance where the officer tazered a teenager that was meant to be shoplifting at a grocery store in Bella Vista.
Barney

AOL

#4 Nov 27, 2010
Prior records have no bearing on the traffic stop that was taking place at the time... unless the car / Lic plate was wanted in an outstanding criminal invesrtigation.

The Lic plate on a car does not identify the driver.

Although the police departments do keep track of plates that were ISSUED ( not convicted ) tickets as way to profile and people have not woken up to that fact.

Police departments also keep track of calls to a private residences ( whether or not citations were issued ) as a way to profile and people have not woke up to that fact either.
Barney

AOL

#5 Nov 27, 2010
By keeping track of Lic plates issued (not convicted) traffic citations an officer automatically becomes prejudiced in the traffic stop of the vehicle.
Billy Bob

Rockford, IL

#6 Nov 27, 2010
if the dead mans record comes out the the officers needs to come out too.
Billy Bob

Rockford, IL

#7 Nov 27, 2010
Gulf War Vet wrote:
The affadavit of which is public record clearly states that Officer Brackney had absolutely NO knowledge of who was driving the vehicle.
Therefore, any past misdemeanor record of 'Jon Doe', the 'unknown driver' had absolutely no bearing on the decision made by Officer Brackney who performed the role on his very own accord as Judge, Jury, and yes, EXECUTIONER!
If the officer ran his plates he would of known who it was.
Gulf War Vet

Bentonville, AR

#8 Nov 27, 2010
Billy Bob wrote:
<quoted text>If the officer ran his plates he would of known who it was.
Negative!

Now here is some info and excerpts from the 'Official Affidavit':

First, stamped as so:

"FILED 2010 APR 20 PM 1 45
BRENDA DESHIELDS
CLERK AND RECORDER
BENTON COUNTY, AR"
----------

"IN THE CIRCUIT COURT OF BENTON COUNTY, AR"

"STATE OF ARKANSAS PLAINTIFF
V.
COLEMAN DUKE BRACKNEY DEFENDANT
DOB: 10-5-82"

"AFFIDAVIT OF PROBABLE CAUSE TO OBTAIN AN ARREST WARRANT"

"Comes now Special Agent Chad Hipps of the Arkansas State Police, and under oath does state:

On January 20, 2010, the Bella Vista Police Department requested the Arkansas State Police to conduct an investigation into the shooting death of James P. Ahern, age 41, by Bella Vista Police Officer Coleman Duke Brackney, following a high-speed chase."

"However, in an interview following the incident, Brackney stated that he did not know that the vehicle he was pursuing belonged to James Ahern, and it was not until after he had shot the driver of the vehicle that he learned the driver's identity was James Ahern."

GULF WAR VET
Billy Bob

Rockford, IL

#9 Nov 27, 2010
Gulf War Vet wrote:
<quoted text>
Negative!
Now here is some info and excerpts from the 'Official Affidavit':
First, stamped as so:
"FILED 2010 APR 20 PM 1 45
BRENDA DESHIELDS
CLERK AND RECORDER
BENTON COUNTY, AR"
----------
"IN THE CIRCUIT COURT OF BENTON COUNTY, AR"
"STATE OF ARKANSAS PLAINTIFF
V.
COLEMAN DUKE BRACKNEY DEFENDANT
DOB: 10-5-82"
"AFFIDAVIT OF PROBABLE CAUSE TO OBTAIN AN ARREST WARRANT"
"Comes now Special Agent Chad Hipps of the Arkansas State Police, and under oath does state:
On January 20, 2010, the Bella Vista Police Department requested the Arkansas State Police to conduct an investigation into the shooting death of James P. Ahern, age 41, by Bella Vista Police Officer Coleman Duke Brackney, following a high-speed chase."
"However, in an interview following the incident, Brackney stated that he did not know that the vehicle he was pursuing belonged to James Ahern, and it was not until after he had shot the driver of the vehicle that he learned the driver's identity was James Ahern."
GULF WAR VET
Interesting...BUT..isn't it procedure to call in a plate when making first contact? This info that you have given is only from what the officer say's. What about dispatch? It would be interesting to get that info of when the officer first call it in. Also it is known that Ahern was known to the police and there for his car would be known to them as well.
Gulf War Vet

Bentonville, AR

#10 Nov 27, 2010
Well, in further support of the affidavit, Officer Brackney's personal account of the incident does not all jive with the dash cam; therefore, the reason to my understanding that his employment as a police officer was terminated...

Now, since his credibility from the account is of question, one may now question if he really did know that it was indeed Ahern's car and Ahern behind the wheel?

Well, it may appear now that Brackney is in some sort of pickle...

So, Brackney and his attorney appear to be attempting to use Ahern's former misdemeanor record and the after-the-fact toxicology report as some sort of justification for his pulling the trigger 6 times...

The question of issue is whether Judge Green will allow it?

It was reported that Prosecuting Attorney Van Stone filed a motion seeking to exclude Ahern's past criminal record from being used as evidence...

http://www.nwaonline.com/news/2010/nov/26/att...

"Attorney Wants Ahernís Criminal Past Introduced"

"By Tracy Neal"

"Posted: November 26, 2010 at 5:25 a.m"

"BENTONVILLE ó The attorney representing a former Bella Vista police officer wants the court to allow him to introduce the criminal record of the man his client is accused of killing."

"Miller has said he will argue Brackney acted in self-defense."

"Stone stated in his motion Arkansas law is clear when justification or self-defense is asserted as a defense, evidence of a victimís prior conduct should be excluded from trial unless the victimís prior conduct was directed at the accused or was within the accusedís knowledge."

"Stoneís motion states Brackney was not aware of Ahernís marijuana possession and level of intoxication at the time of the pursuit. As a result, he cannot reasonably claim the marijuana possession and intoxication level factored into his decision or justified his decision to use deadly force."

"A hearing on the issue is scheduled Wednesday before Circuit Judge Robin Green."
disgusted citizen

United States

#11 Mar 17, 2013
On march 15, 2013, duke brackney was hired as police chief of the small town of sulphur springs! I guess the corrupt mayor and city council do not care if they have a lying murderer working for them!
INFO

Bentonville, AR

#12 Mar 18, 2013
disgusted citizen wrote:
On march 15, 2013, duke brackney was hired as police chief of the small town of sulphur springs! I guess the corrupt mayor and city council do not care if they have a lying murderer working for them!
Do you mind me asking where you got this information? Was this published somewhere?
disgusted citizen

United States

#13 Mar 18, 2013
INFO wrote:
<quoted text>
Do you mind me asking where you got this information? Was this published somewhere?
From many other upset citizens of sulphur springs! Its also in the minutes from the towns council meeting!

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