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| US prosecutors launch investigation into fatal Little Rock shooting | US prosecutors launch investigation into fatal Little Rock shooting |
| (8 days later) | |
| Federal prosecutors in Washington have launched a criminal civil rights investigation into the fatal shooting of an unarmed 67-year-old man by an off-duty police officer in Little Rock, Arkansas, according to a letter seen by the Guardian. | Federal prosecutors in Washington have launched a criminal civil rights investigation into the fatal shooting of an unarmed 67-year-old man by an off-duty police officer in Little Rock, Arkansas, according to a letter seen by the Guardian. |
| The Department of Justice's civil rights division is also looking into accusations that the Little Rock police department has exhibited a "pattern of misconduct" in relation to use of force. | The Department of Justice's civil rights division is also looking into accusations that the Little Rock police department has exhibited a "pattern of misconduct" in relation to use of force. |
| Eugene Ellison, an African American war veteran, was killed by Donna Lesher two years ago, on 9 December 2010. While working off duty as a security guard in the apartment complex where Ellison lived, Lesher entered his home uninvited with another officer after spotting his door was open, refused to leave when asked and, following a physical altercation, shot him dead. | Eugene Ellison, an African American war veteran, was killed by Donna Lesher two years ago, on 9 December 2010. While working off duty as a security guard in the apartment complex where Ellison lived, Lesher entered his home uninvited with another officer after spotting his door was open, refused to leave when asked and, following a physical altercation, shot him dead. |
| Lesher and her partner, Tabitha McCrillis, were cleared of any wrongdoing by an internal inquiry. But it has since emerged that Lesher's husband was a supervisor in the LRPD homicide department, which carried out that investigation. | Lesher and her partner, Tabitha McCrillis, were cleared of any wrongdoing by an internal inquiry. But it has since emerged that Lesher's husband was a supervisor in the LRPD homicide department, which carried out that investigation. |
| Last week the Guardian revealed new testimony from Vincent Lucio, another officer present at the shooting, who said Ellison had not presented a deadly threat, that Lesher and the other officers were all outside when she opened fire into the house, and that she had failed to issue any warning. | Last week the Guardian revealed new testimony from Vincent Lucio, another officer present at the shooting, who said Ellison had not presented a deadly threat, that Lesher and the other officers were all outside when she opened fire into the house, and that she had failed to issue any warning. |
| Ellison's two sons, both LRPD veterans themselves, have launched a lawsuit against the department and had appealed to Eric Holder, the US attorney general, to carry out a civil rights investigation of the shooting. | Ellison's two sons, both LRPD veterans themselves, have launched a lawsuit against the department and had appealed to Eric Holder, the US attorney general, to carry out a civil rights investigation of the shooting. |
| Troy Ellison, currently an LRPD detective, welcomed the federal investigation as uplifting news and said it brought the family a real "sense of relief". | Troy Ellison, currently an LRPD detective, welcomed the federal investigation as uplifting news and said it brought the family a real "sense of relief". |
| "Getting someone to finally take a look at this objectively is all we've ever asked for," he said. | "Getting someone to finally take a look at this objectively is all we've ever asked for," he said. |
| His brother Spencer, a former detective, said: "Our family is elated that the DOJ is willing to take a deeper look at this case." | His brother Spencer, a former detective, said: "Our family is elated that the DOJ is willing to take a deeper look at this case." |
| Their lawsuit accuses Lesher and the LRPD of using excessive force, of an illegal warrantless entry and a of cover-up in the case. The family also allege that the physical evidence does not corroborate the officers' version of events. Neither Lesher nor McCrillis have been subject to any disciplinary action. | Their lawsuit accuses Lesher and the LRPD of using excessive force, of an illegal warrantless entry and a of cover-up in the case. The family also allege that the physical evidence does not corroborate the officers' version of events. Neither Lesher nor McCrillis have been subject to any disciplinary action. |
| In a letter dated 4 December, assistant attorney general Thomas Perez informed the family's lawyer, Michael Laux of Balkin and Eisbrouch, that a "criminal civil rights investigation" was under way. | In a letter dated 4 December, assistant attorney general Thomas Perez informed the family's lawyer, Michael Laux of Balkin and Eisbrouch, that a "criminal civil rights investigation" was under way. |
| He invited Laux to send any relevant information in the case to his department and said: "You can be assured that if the evidence developed in the course of our investigation shows that there is a prosecutable violation of any federal criminal civil rights statutes, appropriate action will be taken." | He invited Laux to send any relevant information in the case to his department and said: "You can be assured that if the evidence developed in the course of our investigation shows that there is a prosecutable violation of any federal criminal civil rights statutes, appropriate action will be taken." |
| In their letter to Holder in October, the Ellison family also alleged a "troubling pattern of police misconduct" at the LRPD. They claimed that internal investigation into such misconduct are intended to "exonerate police officers who have committed excessive force, illegal warrantless entries, and other unlawful acts in the course of their duties". | In their letter to Holder in October, the Ellison family also alleged a "troubling pattern of police misconduct" at the LRPD. They claimed that internal investigation into such misconduct are intended to "exonerate police officers who have committed excessive force, illegal warrantless entries, and other unlawful acts in the course of their duties". |
| In his reply, Perez said that the request for a "pattern and practice investigation into the Little Rock police department" has been forwarded to the special litigation section, which has the authority to investigate such complaints. | In his reply, Perez said that the request for a "pattern and practice investigation into the Little Rock police department" has been forwarded to the special litigation section, which has the authority to investigate such complaints. |
| He said that when a systematic pattern or practice is determined to exist, the division has the authority to initiate a civil action over the misconduct. | He said that when a systematic pattern or practice is determined to exist, the division has the authority to initiate a civil action over the misconduct. |
| A spokeswoman for the LRPD said: "The Little Rock police department does not have a comment in cases that are in litigation." | A spokeswoman for the LRPD said: "The Little Rock police department does not have a comment in cases that are in litigation." |
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