Deadly force justified in I-40 chase, shooting, says prosecutor

Deadly force justified in I-40 chase, shooting, says prosecutor

Ellington says WMPD offi-cer took necessary measures in letter to State Police director

ralphhardin@gmail.com In a letter to Colonel Bill Bryant Arkansas, director of the Arkansas State Police, Arkansas 2nd Judicial District Prosecuting Attorney Scott Ellington found no fault with the actions of the West Memphis Police Department that ultimately resulted in the death of a Memphis man.

On May 21, the Arkansas State Police were called upon to investigate a fatal officer-involved shooting involving the West Memphis Police Department.

At approximately 5:05 p.m., West Memphis Police Department dispatch received a 911 call from an employee at the Walmart store reported that an individual had stolen merchandise and just left the store.

The caller gave a description of the suspect's vehicle as a Black Nissan Altima with dark tinted windows.

WMPD Officers responded to the area of East Frontage Road which runs parallel to Interstate 40.

At approximately 5:07 p.m., WMPD officers notified dispatch that they had located the suspect vehicle and that the driver was refusing to stop. A pursuit was initiated, and the suspect’s vehicle entered Interstate 40 eastbound near Cracker Barrel. The driver reportedly began to drive recklessly.

Officers continued to pursue the vehicle and attempted several tactical maneuvers to stop the driver and end the pursuit.

Officers reported that after the first attempt, the suspect stopped. One officer was out of his unit attempting to contact the suspect and was almost struck by the suspect’s vehicle as he attempted to flee. The officer was forced to jump into another officer's unit. Officers made a second attempt of the tactical maneuver on Interstate 40 just west of the Martin Luther King exit ramp without success.

Officers employed the technique a third time between mile markers 282 and 283 on Interstate 40.

Officer Matt Presley's unit struck the left rear of the suspect vehicle. The suspect vehicle spun counterclockwise with the suspect's vehicle coming to rest facing west in the east bound lane of traffic. The suspect vehicle appeared disabled and officers exited their patrol cars to arrest subject.

Officer Presley was shouting commands to the suspect as he was standing in front of the car when it accelerated and started driving toward him. He had his service weapon drawn and fired several shots into the vehicle. The vehicle traveled west in the eastbound traffic lanes approximately 1,000 feet before striking a tractor trailer truck that was stopped in the eastbound lane. Officers removed the suspect from the vehicle, secured him and rendered aid.

The suspect was subsequently taken to the Regional One Health Hospital in Memphis, and pronounced deceased. ASP Highway Patrol Troopers were dispatched to the scene to assist with scene security and to assist with the investigation. Special Agents of ASP Company A arrived and began their investigation. Agents recovered five spent .40 caliber shell casing found scattered between the lanes of Interstate 40 eastbound. Agents observed approximately three bullet holes in the front windshield area and one in the hood of the suspect's vehicle. All rounds appeared to travel from front to rear.

“There was no indication any rounds were shot from behind or through the rear of suspect's vehicle,” said Ellington. “Inside the suspect's vehicle were several items like those reported stolen from the merchant.”

Special Agents interviewed the involved West Memphis Police Officers.

Each officer was interviewed separately.

“Each officer stated the suspect refused to stop when they attempted to employ the tactical technique three times throughout the duration of the pursuit,” explained Elliott. “They all reported that the vehicle was driving recklessly in congestive traffic and added that the suspect had spun around from a collision and began to drive the wrong way on the interstate. One officer said he saw Officer Matt Presley jump out of the way of the car while firing shots into the suspect vehicle.”

He stated that it appeared that Officer Presley had to lean against the concrete median wall to keep from being hit by the suspect's vehicle. “The officer added that if Officer Presley had stayed in the lane of traffic, he would have been struck by the suspect's vehicle,” said Ellington. “The officers stated that the vehicle continued to travel the wrong way on the interstate and struck an 18-wheeler.”

Presley was interviewed by Company A Special Agents. Presley indicated that he was assisting officers in the apprehension of a fleeing suspect. He stated that he spotted the car around 7th Street and the east service road.

“He stated that he caught up to the pursuit and at one point early in the pursuit an officer got out of his unit to attempt to arrest the suspect,” Elliott explained.

“Presley stated that he was unable to tell if the officer had been struck by the subject, but it was close. Presley continued the pursuit without the officer who first attempted to arrest the suspect. Presley added that he attempted again to assist in the tactical maneuver to stop the suspect without success. Presley stated that in the last attempt he struck the driver side rear causing the suspect's vehicle to spin out. He stated that he got out of his patrol unit to arrest the suspect because he thought the suspect's car was disabled. Presley stated he heard the engine rev and accelerate in his direction and that is when he started firing shots at the suspect.

He stated that the suspect's vehicle narrowly missed him and that if he had stayed in front of the vehicle he would have been run over. He stated that the vehicle continued past him, going the wrong way on the Interstate.”

After the car collided with the 18-wheeler, Presley stated that he got the subject out of his vehicle, handcuffed him and officers started CPR. They continued CPR on the suspect until an ambulance arrived.

The suspect was identified as 46-year-old Ronald Clinton. His body was transported from Regional One Health Hospital to the State Medical Examiner's Office for an autopsy. On May 24, 2018, the Medical Examiner issued a Preliminary Cause and Manner of Death Report that indicated that the Cause of Death was a gunshot wound to the chest.

Arkansas Code Annotated Section 5-2-601(b)(2) allows the use of deadly force if the officer reasonably believes that the use of deadly force is necessary to defend himself or a third person from what he reasonably believes to be the use — or imminent use — of deadly force.

“The investigation revealed that Officer Presley was confronted with circumstances justifying the use of deadly force the day Ronald Clinton was shot,” Elliott explained. “Specifically, Officer Presley was justified in firing his service weapon into the oncoming vehicle as he believed Clinton was attempting to run him over. Presley had observed Clinton attempt to run over another officer moments earlier, and according to Presley's statement he was unsure whether that officer had been struck.”

Other officers on the scene also stated that Clinton had driven toward Presley as if to hit him with the vehicle.

Ellington concluded the letter with his official finding.

“I find West Memphis Police Officer Matt Presley was justified when he used deadly force to prevent Ronald Clinton from using his vehicle to kill Presley, other officers or members of the public,” said Ellington. “It is my understanding that there are still outstanding ballistic and autopsy reports, as well as other follow-up reports. Until those reports are finished, this investigation remains open, and my finding may be subject to change.”

By Ralph Hardin