Thursday Brandon Davis, a former Ft. Smith Police Officer, entered the third day of his civil trial. On Friday, a jury ruled in his favor. According to a U. S. District Court document, Davis shot Ft. Smith resident Eric Berry in the chest and killed him on November 11, 2009 during a domestic disturbance. The Sebastian County prosecutor ruled the shooting was justified. No criminal charges were filed against Davis.
A civil lawsuit was filed against Davis, the City of Ft. Smith, and the Ft. Smith Police De- partment by Berry's wife, Connie, in 2012. The Ft. Smith Board of Directors was also named in the lawsuit. However, Judge Robert Dawson dismissed that claim, along with the claim against the Police Department. She is claiming that Davis, who is now a Sargent with the Greenwood Police Department, was not, at the time of the shooting, properly trained in handling situations involving the use of force. According to the lawsuit, the wife was seeking lost wages, compensatory damages, damages for emotional pain & suffering and attorney fees.
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