Trooper pleads not guilty in shooting
Posted on Friday, May 19, 2006
URL: http://www.nwanews.com/bcdr/News/34932/
BENTONVILLE — An Arkansas State Police trooper will not appear in court Monday for his arraignment on a misdemeanor charge in connection with the shooting death of Erin Hamley.
Trooper Larry Norman is charged with negligent homicide, a class A misdemeanor. If convicted, Norman could receive a sentence of up to a year in the county jail, be fined up to $1,000 or both.
He was scheduled to appear Monday morning for an arraignment before Circuit Judge Tom Keith.
Fayetteville attorney John Everett waived the arraignment Thursday and entered the not guilty plea through paperwork.
A jury trial for Norman is scheduled for Sept. 26, and an omnibus hearing in the case is slated for 8:30 a.m. July 17.
A special grand jury indicted Norman last month. After his arrest, he was released on citation.
The State Police turned over its investigation to the Benton County Prosecuting Attorney’s Office, then Prosecutor Robin Green, with the assistance of the Benton County Sheriff’s Office, conducted an independent investigation. Green later requested that a special grand jury be impaneled to investigate the shooting.
On March 7, Norman was one of six officers who responded to the scene of an incident on U.S. Highway 412 near the Benton-Washington county line. The officers responded to a report that a man matching the description of a Michigan fugitive was walking along the highway. The officers mistook Hamley, 21, for Adam Leadford, 18, who had been described as armed and dangerous.
Norman fired his shotgun once from about 25 to 30 yards after Hamley moved his hands toward his pockets, according to previous reports. Hamley, who was mentally disabled and had cerebral palsy, was not armed. The grand jury noted that Hamley had several toy balls in his pocket.
The single shot killed Hamley.
A report by the grand jury states that Norman exited his patrol car with a shotgun and moved to the rear of his patrol car. While officers continued to direct commands at Hamley, Norman observed Hamley raise and lower both arms three times, the report states. Hamley then sat down and laid on his back. Norman left his cover position, which caused another state trooper and the deputies to leave their cover positions, the report states. Hamley began moving his right arm toward the left side of his body, possibly in an effort to roll onto his stomach as ordered by Norman as deputies retreated to a safe cover position, the report states. As deputies were retreating, Norman fired his weapon. The slug hit the pavement, then grazed Hamley’s arm and continued into his body.
As the officers approached Hamley, he was heard to moan and say, "I’m sorry," and later, "Why did you shoot me?" according to the report.
Norman told another state trooper at the scene that his shot was not accidental, and in interviews with the state police and Benton County prosecutors, Norman insisted the shooting was not accidental.
Green previously said in her investigation that numerous witnesses, including all the officers involved, were interviewed. The evidence also includes photographs taken that morning by a motorist on U.S. 412 and recordings from the patrol cars. Green had the tapes from the patrol cars enhanced to be used in her investigation.
Jurors also visited the scene of the shooting and recreated some aspects of the incident.