Northwest Arkansas Democrat-Gazette

Prosecutor clears two officers in shooting

- STEPHEN SIMPSON

No charges will be filed against two northeast Arkansas officers who fatally shot a suspect in a recent homicide, the prosecutor for the area said Tuesday.

Jonesboro Police Department officers Bryan Bailey and Christophe­r Jefferson have been cleared of wrongdoing in the shooting of Rodney Fisher, Second Judicial District Prosecutin­g Attorney Scott Ellington said in a news release.

Bailey and Jefferson encountere­d Fisher, 47, on March 7 near Curtview and Race streets while investigat­ing a drug complaint, according to a letter Ellington sent to the Arkansas State Police. Bailey said he witnessed Nichole Herndon walking behind the apartments at 2708 Curtview Street. Herndon was listed as a missing person and officers believed she had witnessed a homicide on French Street a week before and was forced from the scene against her will.

Bailey said as he approached the breezeway between the apartment buildings he was confronted by Fisher, who was wanted for first-degree murder and was a suspect in the French Street homicide.

“The officers had earlier been advised by department memo circulated within the patrol division that Fisher was armed and dangerous, and Fisher had made threats against law enforcemen­t officers,” Ellington said in the letter. “They were told that Fisher had said that he would not go back to prison because he would not be taken alive.”

Police said Fisher pulled a handgun on the officers before he was shot.

“When Fisher saw officer Bailey, he pulled out a pistol with his right hand and waived it around,” Ellington said. “As the second officer came into Fisher’s view, [Fisher] began turning the handgun in an upward position. At that point, officer Jefferson fired his weapon at Fisher, as did officer Bailey.”

Officials said Fisher was hit in the chest and leg and died later at a local hospital.

Fisher was wanted in the death of 44-year-old David Marshall. Officers found Marshall dead after responding Feb. 28 to the 1100 block of French Street.

On March 4, police upgraded Marshall’s death to a homicide and said they had learned that Herndon, his roommate, had been missing since Feb. 25.

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