Family waits for answers from state on son’s death

Posted on Friday, March 10, 2006

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Joseph Erin Hamley’s family remains anxious for answers to why an Arkansas State Police trooper fatally shot the handicapped man Tuesday along U. S. 412 in Benton County.

Trooper Larry Norman killed Hamley, 21, of Springdale, thinking he was Michigan fugitive Adam Lee Leadford, state police said in a statement.

“The police thought Erin was the escapee, fine. But we want to know why they had to use such lethal force,” Bud Hamley said Thursday of his younger brother’s death.

Police in Northwest Arkansas had been searching since Sunday for Leadford, 18, who escaped Friday from a Michigan boot camp. Leadford didn’t have a history of violent offenses, but police believed he was armed. Tuesday night, a Springdale police officer shot and wounded Leadford behind the Wal-Mart Supercenter after a high-speed chase from Benton County.

Erin Hamley was shot about 7 a. m. Tuesday after motorists told police a man who fit Leadford’s description was walking along U. S. 412 at the Benton-Washington county line.

State police said Norman was assisted by trooper Wilson Short and three Washington County sheriff’s deputies. A fourth deputy arrived after Hamley was shot.

State police said Norman and the others had guns drawn and repeatedly ordered Hamley to show both hands. He refused while lying on his back as officers approached, state police said.

Norman fired once with a shotgun, state police said in a statement. Hamley died about 9 a. m. at Northwest Medical Center of Washington County in Springdale.

Like Leadford, Hamley’s head was shaved. Hamley was mentally retarded and had cerebral palsy.

Mary Hamley said her son teetered when he walked because of cerebral palsy. His physical disabilities were obvious, she said.

Erin Hamley’s mother shaved his head last week to emulate his older brother. Bud Hamley, 22, was mobilized last month with the Arkansas National Guard. He’s assigned to Battery C, First Battalion of the 142 nd Fires Brigade. The Rogers-based unit is training in Fort Dix, N. J., and then headed to Iraq.

“Erin shaved his head to look like me,” Bud Hamley said Thursday. “He always wanted to look like me.”

Bud Hamley is on a seven-day military leave. He arrived Thursday in Springdale and will help arrange his brother’s funeral. Arrangements are pending with Sisco Funeral Chapel in Springdale.

Mary Hamley said the family hasn’t heard from the state police about why her son was killed.

“We don’t know anything,” she said. “They haven’t told us anything yet.”

Norman is on leave while the state police conduct an administrative review. State police have issued statements, but have not answered questions, about Hamley’s death.

State police spokesman Bill Sadler said in a statement Thursday that the agency will wait until the review is complete before providing a fuller account of what happened.

“The Arkansas State Police has made two public statements — not verbal, but written — providing the information that the administration believes can be released at this time without jeopardizing the integrity of the administrative review process,” the statement said.

The review is being conducted internally, Sadler said. When officers of other agencies use lethal force, that agency typically asks the state police to conduct an in independent investigation. State police, however, conduct their own investigations when a trooper uses lethal force, Sadler said.

Benton County Prosecuting Attorney Robin Green will review the state police findings of Hamley’s death to determine if criminal charges are warranted.

Gov. Mike Huckabee, in a statement Thursday, called Hamley’s death a “genuine tragedy for this young man, his family and our state.

“ Words can’t possibly or adequately comfort in such a situation. The family will be fully informed as to the results of the investigation.”

Other than notifying Mary Hamley at 1: 30 a. m. Wednesday that her son was dead, state police haven’t had contact with the family, Sadler said.

Troopers are trained to interact and communicate with handicapped people, Sadler said. But the agency doesn’t have written policy governing troopers’ contact with people who are handicapped, he said.

David Williams, president and chief executive officer of Ozark Guidance Center in Springdale, said mentally ill people typically differ in behavior and perception from people with developmental disabilities. Development disabilities include mental retardation, autism and cerebral palsy.

In both cases, dealings with police can be frightening for people with handicaps, said Williams, speaking in general.

“Someone with mental illness might have a thought disorder or suffer hallucinations, believing they are in danger,” Williams said. “A developmentally disabled person might not know what is going on or know what is expected of them in certain situations.”

Mary Hamley reported Erin Hamley missing to Springdale police on Tuesday night. He didn’t drive and often walked within a few miles of the family’s home on Cleveland Street, she said.

Mary Hamley doesn’t know how her son ended up more than a dozen miles from home along U. S. 412. “He knew not to leave his comfort zone,” she said.

Erin Hamley had gone missing before. Rogers police searched for him June 18 after he wandered off from the Malco Cinema 12. He and Bud Hamley split up to see different movies, and Erin Hamley disappeared.

Search teams from Washington and Benton counties were mobilized, as was a sheriff ’s helicopter. Erin Hamley turned up safe the next morning at the Rogers Wal-Mart Supercenter on Walnut Avenue.

Mary Hamley said the family is planning a roadside memorial where her son was killed.

“We want him to be remembered by people,” she said. “He had nothing but love for anyone.”

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