Inquiry: Officer’s shots justified
BENTONVILLE — A Benton County sheriff’s detective was justified when he shot and killed a man last month, according to Benton County Prosecuting Attorney Nathan Smith.
Smith released the findings of an investigation into the shooting of Nelson Amos, 71, on Nov. 16.
Smith concluded Vector Xiong had reasonable belief that Amos would immediately use deadly force against him when Amos pointed a pistol at Xiong, according to a letter Smith sent to Sheriff Shawn Holloway.
Xiong, who’s worked with the sheriff’s office since March 2015, was placed on administrative leave after the shooting. He returned to duty Thursday, according to Meyer Gilbert, chief deputy of the sheriff’s office.
Deputies were called to 22891 Falling Springs Road in Decatur shortly before noon on Oct. 15 after a resident reported gunfire being heard on Amos’ property.
The investigation revealed that Amos had exhibited strange behavior for months before the shooting, according to Smith’s letter.
Amos’ wife reported her husband began erroneously believing his neighbors were stealing his cattle and that he was being stalked, according to the letter. She was also concerned because her husband had been spending money erratically and feared he might harm a neighbor, the letter says.
Amos told friends various law enforcement officers had been arrested for their involvement in a corruption ring that was a product of his imagination, according to the letter. The letter states Amos’ family members had started the process of seeking help for him.
On Oct. 15, Amos called 911 to report he was being harassed by someone driving up and down the road and threatening to kill Amos, according to the letter. A neighbor called 911 minutes after Amos’ call to report Amos was firing guns while the neighbor drove by the road, the letter says.
Sheriff’s deputies Sgt. James Bradley and Casey Kensinger went to speak to the neighbor, then attempted to make contact with Amos.
Amos called 911 to report he was being harassed by deputies and told the dispatcher someone needed to come pick up the deputies immediately, or “you can pick them up in body bags,” according to the letter.
The deputies approached Amos’ property line and saw him riding a tractor and holding a shotgun, the letter says. He got off the tractor, put the gun down and walked to them at the fence line. Bradley checked Amos for weapons and found none, according to the letter.
Amos admitted to firing several rounds from a .22-caliber pistol that day but denied shooting at his neighbors, the letter says.
Amos became upset and walked back to his tractor and told the deputies he would shoot them if they did not leave, according to the letter. The deputies were on the road throughout the encounter and not on Amos’ property, the letter says.
Amos called 911 again and told the dispatcher he would shoot the deputies if they did not leave, according to the letter. The deputies had probable cause to arrest Amos for terroristic threatening, the letter says.
Deputies lost sight of Amos when he drove his tractor back toward his house. Amos made another 911 call and told the dispatcher he could still see the deputies and claimed he would shoot them if they did not leave, according to the letter.
Amos drove his tractor back toward the roadway, near the deputies, and Bradley made numerous requests over a loudspeaker directing Amos to get off the tractor and walk toward the deputies, according to the letter.
Bradley also called Amos’ cellphone to try to talk with him, but an angry Amos hung up and drove away from the fence line, according to the letter.
Xiong arrived on the scene and took up a position along the fence line, armed with a rifle, the letter says.
Bradley cut the lock on Amos’ gate so deputies would have the option of going down his driveway if needed, according to the letter.
Amos then drove toward the deputies, who told Amos to get off the tractor and not to reach for anything, according to the letter.
Amos stopped the tractor and got off, and Xiong observed Amos pull a pistol out of his pocket, according to the letter. The gun fell to the ground. Amos raised his hands, the letter says.
Amos told deputies they needed to leave and turned to pick up the pistol off the ground, according to the letter. Amos pointed the gun at Xiong, who shot Amos twice with the rifle, the letter says.
Deputies started performing lifesaving measures but Amos died at the scene, the letter says.