BRYANT, Arkansas — The prosecuting attorney for the 22nd Judicial District of Arkansas has ruled that the December 23 fatal shooting of a man in Bryant was justified.
The ruling by Chris Walton on January 22 said that Bryant Police Sergeant David Miller "was justified and acted in self defense" when he shot and killed 24-year-old Austin Chase Swindle.
Police were initially called to Swindle's apartment on a "possible suicidal subject."
Officer Samantha Hodgson and other officers approached the door and when Hodgson leaned forward, Swindle fired a shotgun shot through the door, striking Hodgson in the head, neck, and shoulder.
She was pulled to safety by other officers and a call went out for other officers to respond to the scene.
Sgt. Miller responded to the scene and noticed Swindle pointing the shotgun at officers. Miller asked him to put the gun down multiple times.
Miller again asked Swindle to put the gun down "or he would shoot" and that's when police say Swindle "started to raise his shotgun at Sgt. Miller."
Miller fired twice at Swindle who was hit by one of the bullet and later died due to his injuries.
Police found two notes which talked about suicide inside Swindle's apartment during a search.
Swindle was reportedly "highly intoxicated" at the time of his death.
"All of these facts support a finding that Sgt. Miller acted legally and justifiably when he shot Swindle," Walton said.
Walton said that there's no evidence to pursue criminal charges against Miller.
Officer Hodgson is recovering from her injuries.