Man charged in shooting of Prairie Grove officer

PRAIRIE GROVE — A man is being held on a $1 million bond after his arrest in connection with the shooting of police officer Tyler Franks. Nickolas Colbert, 42, of 313 W. Thurman St. in Prairie Grove, was booked Friday into the Washington County Detention Center in connection with capital murder, domestic battery in the third degree, aggravated assault, aggravated assault on a family or household, criminal use of a prohibited weapon and terroristic threatening.

Colbert was taken into custody the night of the shooting, May 4, and then taken to Washington Regional Medical Center.

Franks, who was shot three times while responding to the disturbance, had part of his left leg amputated on May 7, according to a news release from police Capt. Jeff O’Brien.

The release said Franks suffered irreparable damage to his vascular system, making the surgery necessary.

Franks, 29, was shot in the upper portion of both legs and was in the intensive care unit at Washington Regional Medical Center for about eight days following the incident. He was moved to a rehabilitation facility last week where he’ll continue his recovery.

Colbert fired multiple rounds from a shotgun and handgun at close range, according to O’Brien.

Prairie Grove police Officer Andrew Gibson fired five rounds, striking Colbert at least four times. O’Brien said Colbert retreated further into the bedroom while still armed, and Gibson was able to get Franks out of the house and immediately applied two tourniquets before he was later taken by Central Emergency Medical Service to Washington Regional.

Gibson has been credited with saving Franks’ life.

Police Chief Chris Workman on Monday said an internal investigation has cleared Gibson of any wrongdoing from the incident. Gibson was to return to work Friday.

Matt Durrett, Washington County district prosecutor, also has cleared Gibson.

In a May 12 letter to Workman, Durrett said he reviewed the material provided to him from the incident involving Franks and Gibson.

“It is my opinion that Officer Gibson was clearly justified in employing deadly force on the night of that incident,” Durrett said.

Durrett’s letter also provided more information about the night of the incident.

According to his letter, the person who called 911 said the suspect had “wigged out,” and he had weapons and she was afraid he was going to hit his wife.

Franks and Gibson arrived and made contact with the suspect’s wife, who told them the suspect, Nickolas Culbert, was in the bedroom and refused to come out. She permitted the officers to come inside, and Franks attempted to get the suspect to come out of the bedroom.

Franks had armed himself with a JPX pepper gun as a non-lethal means to end the situation, according to Durrett’s letter.

When the suspect refused to come out, Franks entered the bedroom and the suspect immediately responded by firing three shots at Franks from a saw-off shotgun and a .45 caliber handgun.

Gibson immediately drew his service weapon and fired five times, hitting the suspect four times. Gibson then was able to get Franks out of the house and began using life-saving techniques until paramedics could arrive.

Other officers eventually were able to get the suspect out of the house.

Durrett’s letter points to Arkansas laws allowing the use of deadly force.

Arkansas law states a person is justified in using deadly physical force if he or she reasonably believes another person is committing or about to commit a felony involving force or violence or is using or about to use unlawful deadly physical force.

Another statue states a law enforcement officer is permitted to use deadly physical force when the officer reasonably believes it is necessary to defend himself or herself or a third person from what is the use or imminent use of deadly physical force.

“Without question, each of these elements were present on the evening of May 4th,” Durrett wrote. “…Officer Gibson’s decision to draw his weapon and shoot the suspect was without a doubt necessary. He was left with no other choice.”

The incident involving Gibson is closed, Durrett said, but the criminal conduct on the part of the suspect is still an open case.

Tyler’s father, Tim Franks of Grove, Okla., last week expressed his appreciation to everyone involved in caring for his son, from the hospital cafeteria workers to nurses, doctors, law enforcement, first responders and the community of Prairie Grove.

“This was a team effort to get us where we’re at,” Tim Franks said. “I want them to know how appreciative we are. They’re making this roller coaster ride so much easier. Everyone has been amazing. We are so thankful.”

Tim Franks said the decision was made May 6 to amputate part of the left leg because of the extensive damage from the gunshot wounds. Tim Franks said his son’s left leg had so much damage that doctors were unable to maintain the blood flow.

“They tried everything at the hospital,” said Tim Franks. “It just wasn’t healing at all.”

Tim Franks said his son would be at a rehabilitation facility for about two weeks to learn how to ambulate and then would have outpatient services. Tyler will end up with a prosthetic leg, and Tim Franks said his son is expected to have a “full, full recovery.”

Tyler is in great spirits and is ready to do whatever he has to do to recover, Tim Franks said.

“I could not be more proud of him,” Tim Franks said. “He is so courageous. The bravery he’s shown after this has been outstanding.”

(Courtesy photo) Prairie Grove Police Officer Tyler Franks is recovering after being shot three times while responding to a domestic abuse call. Part of his left leg was amputated due to extensive damage from the gunshots.

Colbert