Ark. Officer Cleared In Shooting

FORT SMITH, Ark. --

Monday, the Sebastian County Prosecutor Dan Shue released a review of a November shooting.

Shue said when Fort Smith Police Officer Brandon Davis shot Eric Berry in his home on Nov. 11, his actions were justified by Arkansas State Law.

Police said the day of the shooting Berry pointed a gun at his wife and threatened to kill her.

Berry's wife Connie, called 911 from a neighbor's house letting officers know about the gun.

When police arrived at the home on 35th Terrace in Fort Smith, they entered the Berrys' home.

Davis was wearing a recording device on his shoulder that caught the incident on camera as it unfolded.

Through the audio on the camera you can hear Davis tell Berry to put his gun down several times.

Police said said Berry had a .45 caliber handgun pointed at them.

Officers said they felt threatened for their safety and the safety of others when Davis opened fire.

Berry later died at a local hospital.

Police said they later learned Berry's gun had a clip loaded with three rounds and one round in the chamber.

Fort Smith police said Davis was placed on paid leave after the shooting pending an investigation.

Davis resumed his normal duties three days after the shooting.

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