Fatal police shooting of Joseph Erin Hamley
Encyclopedia
On March 7, 2006, Joseph Erin Hamley, an unarmed 21-year-old young man who suffered from cerebral palsy
Cerebral palsy
Cerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....

, was fatally shot and killed by Arkansas State Trooper
Arkansas State Police
The Arkansas State Police is the state police agency for Arkansas, which has jurisdiction anywhere in the state. It was created to protect the lives, property and constitutional rights of people in Arkansas...

 Larry P. Norman of West Fork, Arkansas
West Fork, Arkansas
West Fork is a city in Washington County, Arkansas, United States. The population is 2,317 at the 2010 census. It is part of the Fayetteville–Springdale–Rogers, AR-MO Metropolitan Statistical Area.-Geography:...

.

At 7 a.m. on a Tuesday morning, the disabled Hamley was walking alone on highway 412 just outside the community of Tontitown along the Benton-Washington county line when several Washington County
Washington County, Arkansas
Washington County is a county located in the northwest part of the U.S. state of Arkansas. As of 2010, the population was 203,065. The county seat is Fayetteville. Washington County is Arkansas's 17th county, formed on October 17, 1828, and named for George Washington, the first President of the...

 deputies surrounded him.

Four minutes later, before being identified, and while lying on the ground, a shotgun slug
Shotgun slug
A shotgun slug is a heavy lead projectile, that may have pre-cut rifling, intended for use in a shotgun and often used for hunting large game. The first effective shotgun slug was introduced by Wilhelm Brenneke in 1898, and his design remains in use today...

 fired by Larry Norman, an Arkansas State Trooper breaking police protocol and procedure killed Joseph Erin Hamley. The fatal shooting was recorded from multiple vantage points on dashboard cameras of the various police cruisers present.

On June 28, 2007, Norman was sentenced to ninety days in jail and thirty days of community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....

 after pleading guilty to negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...

. The Arkansas State Police settled a civil suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 on March 5, 2007 with the victim’s family for one million dollars. Norman was later granted a full early medical retirement from the Arkansas State Police at the age of 40.

Response from the Head of the Arkansas State Police

The Washington County Deputies and Arkansas State Troopers present at the scene remained silent concerning the shooting for the first three days, until the head of Arkansas State Police Col. Steve Dozier traveled to Springdale, Arkansas
Springdale, Arkansas
As of the census of 2010, there were 69,797 people, 22,805 households, and 16,640 families residing in the city. The racial makeup of the city was 64.7% White, 0.82% Black or African American, 1.8% Native American, 1.4% Asian, 5.7% Pacific Islander, 22% from other races, and 2.9% from two or more...

 on March 10, 2006 to give a rare press conference.

Dozier stated that he wanted to "reassure the public that a thorough investigation was under way" into the shooting that left a 21-year-old disabled man dead.

The director of Arkansas State Police addressed the media on the fatal police shooting with members of the Joseph Erin Hamley family in attendance.
Col. Steve Dozier stated that the Arkansas State Trooper Larry Norman “’likely had memories of a recent police killing’ when he shot and killed a mentally handicapped man mistaken for a Michigan ‘jail escapee’ known to be in the area.”

Dozier said officers likely remembered Gassville policeman Jim Sell, who was shot and killed Feb. 4, by a teenager wanted in a hatchet-and-gun attack on a Massachusetts gay bar
Gay bar
A gay bar is a drinking establishment that caters to an exclusively or predominantly gay, lesbian, bisexual, and transgender clientele; the term gay is used as a broadly inclusive concept for LGBT and queer communities...

.

“We also feel like, in the back of these officers’ minds, was the Mountain Home incident,” Dozier said.

Dozier stated, “Hamley was built like, and looked like, Leadford.”

He stated that “the officers ordered Hamley to lie down, and Hamley instead responded by putting his hands in his pockets and taking them out.”

Hamley “began moving in a manner that these officers, at that point, interpreted as movement toward a weapon that they thought was likely concealed in his waist” stated Col. Steve Dozier.

When Joseph Erin Hamley’s family started to ask questions concerning the length of time Larry Norman had been at the scene and if Joseph was asked his identity, officers at the news conference deflected the questions saying there would be a more appropriate time to discuss the matter with the Hamley family.

Head of Arkansas State Police Col. Steve Dozier resigned at the end of May, 2007 stating he was stepping down to go to work as vice president of corporate services for Wal-Mart Stores Inc. He retired one month before the final sentencing of Arkansas State Trooper Larry Norman for negligent homicide and the release of the Benton County
Benton County, Arkansas
Benton County is a county located in the U.S. state of Arkansas. As of the 2000 census, the population was 153,406. The U.S. Census Bureau 2010 population is 221,339. The county seat is Bentonville. Benton County was formed on 30 September 1836 and was named after Thomas Hart Benton, a U.S...

 special grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 report with the police cruiser dash camera videos that followed.

Mistaken Identity with Adam Lee Leadford

After the negligent homicide, the Washington County Sheriffs Department and Arkansas State Police stated they believed the mentally disabled Joseph Erin Hamley to be Adam Lee Leadford whom they described as an escaped convict.

Joseph Erin Hamley stood 5’10” and weighed 175 pounds. Adam Lee Leadford was 5’6” and 160 pounds.

Adam Lee Leadford (18) was a Michigan teenager who ran away from a court-sponsored boot camp, where he was sentenced for vandalizing
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...

 school buses and then struggling with an officer while resisting arrest
Resisting arrest
Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...

.

An unarmed Adam Lee Leadford was later shot in the throat by Springdale Police and arrested in a parking lot of a Wal-Mart on the evening of Joseph Erin Hamley’s shooting death.

Director of Arkansas State Police Col. Steve Dozier stated at a press conference in Springdale, Arkansas on March 10, 2006 “Leadford had a .22 caliber rifle when he was stopped."

Adam Lee Leadford had abandoned the weapon in a vehicle, and it was not on his person when he was shot by Springdale police after walking through a
Wal-mart.

Adam Lee Leadford is now serving 30 years in an Arkansas state prison.

The Videos from the Police Cruiser Dash Cameras

The Arkansas State Police and Washington County Sheriff departments refused to release the dash cam videos of the incident until after Arkansas State Trooper Larry Norman was sentenced. The trial date was postponed twice, before Norman finally pleaded guilty.

When released the video recordings from inside Norman's cruiser clearly show he sped to the site, sometimes going over 100 mph, with his AM/FM radio blasting so loud he could not hear his police radio
Police radio
Police radio is a communications radio system used by law enforcement agencies all over the world.Many such systems are encrypted to prevent eavesdroppers from listening in.-Portable radios:...

.
By the time Norman arrived at the scene, Arkansas State Trooper Short and four Washington County Sheriff's deputies had surrounded Hamley. They had their guns drawn and were taking defensive positions behind their cars. One officer mentioned that if he could get close enough to Hamley, he would use his Taser stun gun.

Instead of blocking traffic as he was instructed to do, Arkansas State Trooper Larry Norman did a U-turn and pulled up about 25 yards from the young man and pulled out his shotgun.

The Benton County Special Grand Jury

Before making its decision, the panel of 16 jurors viewed videotaped interviews with officers who were at the scene of the shooting, including Norman, and viewed recordings from cameras installed on the squad cars. They also went to the site itself, along Highway 412, where cars were placed in the same positions and locations as the patrol cars were at the time of the shooting. A mannequin placed at the site represented Hamley's body.

They determined Hamley, who had cerebral palsy, an intellectual disability, and mental illness, followed officers' instructions to get down on the ground, but laid down on his back instead of his stomach.

The Benton County Special Grand Jury found that possibly in an effort to comply with the trooper's instructions to roll over, when Larry Norman directed Joseph Erin Hamley to turn over, Hamley reached across his body. That's when Norman shot one time, the slug hitting the pavement, then striking Hamley's arm and going into his body.

When officers approached him, Hamley moaned, saying, "I'm sorry". He then asked, "Why did you shoot me?"

The grand jury made special note of the fact that Trooper Norman was on the scene for less than one minute when he shot Hamley, and that he "made no attempt to communicate with State Trooper Wilson Short or the Washington County Sheriff's deputies" that had the situation under control.

"We will note that we are extremely troubled by the lack of communication between the officers from the Arkansas State Police themselves and, too, with the Washington County Sheriff's Deputies, who were on a scrambled radio frequency
Radio frequency
Radio frequency is a rate of oscillation in the range of about 3 kHz to 300 GHz, which corresponds to the frequency of radio waves, and the alternating currents which carry radio signals...

," the grand jury concluded "as a result of their lack of communication, there was no coordinated plan of action between them."

"We will also note that we are disturbed by the fact that there was no attempt to positively identify the subject prior to the shooting," stated the grand jury, and they were "concerned that the officers' microphones were either turned off or nonexistent, preventing recordings to be made of their conversations during and after the incident."

Several toy balls that were taken from Hamley's pockets after he was fatally shot were also viewed by the grand jury.

Lead Investigator Accused Of Conflict Of Interest

In May 2006 Arkansas State Police Sergeant and investigator in the fatal police shooting of Joseph Erin Hamley, Steve Coppinger stated that he saw no problem with sending an email to fellow troopers asking for donations to the legal defense fund
Legal Defense Fund
In the United States, a legal defense fund is an account set up to pay for legal expenses, which can include attorneys' fees, court filings, litigation costs, legal advice, or other legal fees. The fund can be public or private and is set up for individuals, organizations, or for a particular...

 of Arkansas State Trooper Larry Norman after he was appointed as the lead investigator in the case.

Sergeant Coppinger told the Arkansas Democrat-Gazette “I don't see a conflict at all."

Later that month, a department spokesperson with the Arkansas State Police said “Coppinger is now being investigated to determine whether he violated department policy by sending the email on his police computer and workplace email account.”

Grove Street Park

After the shooting death, the Springdale City Council received a proposal to rename Grove Street Park, the Joseph Erin Hamley Memorial Park in honor of the young man who spent a lot of time on a swing set in the park. The Arkansas State Police contacted the City Council stating that it would not be proper to rename the park while the investigation was still on-going.

The Arkansas State Police later settled out of court with the victim's family, and the Grove Street Park was not renamed.

Sealed Records

The probate case files concerning the terms of the Arkansas State Police settlement with the Joseph Erin Hamley estate, which are normally open to the public were sealed from the public by a judge in Washington County on Feb. 15, 2007.

As part of the settlement the Arkansas State Police doesn't have to admit any wrongdoing in Hamley's death.

See also

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