Officers said justified in driveway shooting

Lawmen threatened, prosecutor says

JONESBORO -- Four police officers who shot and wounded a Jonesboro man Jan. 9 were justified in using lethal force, Second Judicial District Prosecuting Attorney Scott Ellington said in a letter to Arkansas State Police investigators Wednesday.

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"The investigation reveals that officers were confronted with circumstances justifying the use of deadly force," Ellington wrote to Lt. Brant Tosh, the commander of the Arkansas State Police's criminal investigation division in Jonesboro.

Lt. Roy Coleman and officers Mike Brumfield and Rick Guimond of the Jonesboro Police Department and Craighead County sheriff's Deputy Charles Garr served a warrant at 405 E. Johnson Ave., near downtown Jonesboro, on Jan. 9. The four lawmen were members of the Second Judicial District Drug Task Force.

When the four left the house, Brandon Johnson, 29, drove into the driveway and then accelerated toward the officers, officials have said. The officers fired at Johnson's vehicle, striking Johnson in the arm.

Johnson was treated at St. Bernards Medical Center and left his unguarded hospital room Jan. 12. State police troopers arrested him Jan. 14 in Crittenden County after a high-speed pursuit through two counties.

"It is clear from the evidence collected ... that Johnson was attempting to deliver a large quantity of methamphetamine when he was confronted by the officers," Ellington wrote to Tosh. "Officers observed Johnson looking to the rear of his vehicle in an effort to flee, but saw that he was blocked by an officer's vehicle."

Ellington wrote that Johnson sped forward on the ice-covered driveway and drew the officers' fire. Guimond's shot struck Johnson's arm and then grazed his forehead.

"Johnson's actions that day brought about the circumstances that threatened the lives of the law enforcement officers, and I cannot find that officers acted criminally," Ellington wrote. "Therefore I find the officers were justified under these circumstances and no charges will be filed in this matter."

Johnson was charged with two counts of felony fleeing in a vehicle, aggravated assault on officers and possession of a controlled substance. He is being held in the Craighead County jail in Jonesboro.

State Desk on 01/29/2015

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