Trooper Admits Negligent Homicide
Norman To Be Sentenced June 28 In Benton County
Last updated Thursday, May 3, 2007 10:34 PM CDT in News
By Robin Mero
The Morning News
BENTONVILLE -- More than a dozen law enforcement officers watched as their former comrade, Larry Norman, pleaded guilty Thursday to negligent homicide in the March 7, 2006, death of a disabled man whom police thought was a prison escapee.
"I mistook this young man's actions as threatening toward me and the other officers and I made the mistake of acting on this misunderstanding, sir," Norman told Benton County Senior Circuit Judge Tom Keith.
Prosecutor Van Stone added Norman broke cover unnecessarily just before Erin Hamley was shot and he failed to communicate with other officers on the scene before he arrived.
Keith set a sentencing hearing for June 28 and ordered a presentence investigation be conducted beforehand by probation and parole officers from the Department of Community Correction.
Keith will hear arguments from Stone and defense attorney John Everett and testimony -- perhaps from the Hamley's family and Norman. He will then determine the sentence, which can be up to one year in jail, a $1,000 fine, and may include other sanctions such as community service.
The grand jury's findings detailed Norman's action when responding to the scene on U.S. 412 west of Tontitown, where police had Hamley surrounded, mistakenly thinking he was prison escapee Adam Leadford. Norman disregarded his orders, played his AM/FM radio too loud to hear dispatches and did not communicate with other officers before fatally shooting Hamley, according to the grand jury's report.
Several of Hamley's family members, including his mother, Mary, attended Thursday's hearing. They did not speak to the media.
Stone said after the hearing the family supported the method of sentencing.
"They were satisfied with the fact that Norman stood up and admitted guilt, and for the judge to determine the sentence," Stone said. "Both sides felt it would be best to let Judge Keith make the determination."
Norman waived his right to a jury trial with his plea and also waived right to an appeal.
"The (Hamley) family didn't want to have to go through a trial," Stone said. "It's a good way to resolve this particular case, given all the circumstances."
The Arkansas Legislature approved a $1 million payment to Erin Hamley's estate because of the death. Arkansas State Police did not admit wrongdoing.
Bill Sadler, public affairs manager for the Arkansas State Police, confirmed Thursday a state warrant dated April 29 was released to the family this week.
The warrant was drafted payable to Mary Hamley, administrator of the estate, Sadler wrote in an e-mail.
State Police granted Norman medical retirement last year due to what his attorney called an "enormous psychological overlay" from the shooting.
Sadler said his agency won't comment on the case until it is resolved.
"Once sentencing has occurred, the department will attempt to answer questions and release the applicable documents relating to the case," Sadler wrote in an e-mail.
Robin Green, who was serving as prosecutor when Hamley was shot, requested the grand jury be convened in April 2006 to consider an indictment, to "put this decision in the hands of the people."
Green presented several optional charges to the 16-member grand jury, including manslaughter, a felony carrying a sentence of up to 10 years in prison.
Jurors chose the lightest charge: Misdemeanor negligent homicide. They released an eight-page report that called Norman's actions "troubling" and "disturbing."
A charge of manslaughter would require recklessness, Green said after the indictment.
"You know there's a risk, and you're consciously disregarding it," she explained at the time.
Norman was on the scene less than one minute before shooting Hamley. Hamley was lying on his back when shot but may have been trying to turn on his stomach, as Norman ordered, instead of reaching in his pockets as Norman said he suspected, the grand jury's report stated.
The slug Norman fired hit the pavement first, grazed Hamley's arm, then entered his body.
Some of the incident was captured on film by cameras mounted on police vehicles. The film will be made public after the sentencing hearing, Stone said. Much of the evidence will be opened to the public that day, including hours of interviews conducted by the grand jury of Norman and other officers on the scene.
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