Mayor Michelle Hobbs has called a special meeting of the Alexander City
Council for tonight, (Wednesday, February 12, 2014) at 6pm. The meeting will be held
in the city hall courtroom.
It is expected the mayor will ask aldermen to approve spending $3,000
towards a federal lawsuit filed by Jacquelyn Wallace, the mother of 30-year-old
Carleton Wallace. Wallace died Sept. 8, 2012 after he was shot by Officer Nancy
Cummings while she attempted to handcuff him. In October, 2013 a Saline County
jury found Cummings innocent of manslaughter.
The money is needed to pay the
Arkansas Municipal League to represent the city in the lawsuit. This type of
spending was not included in the recent spending freeze approved by the city
council.
The incident occurred on
Brookwood Drive, just west of Lindsey Drive in Alexander. While patrolling the
area Cummings saw Wallace walking, shirtless with a gun in the waistband of his
pants.
In a recorded interview played during
the trial, Cummings said she got out of her car and pulled her pistol on Wallace
after he refused to remove both hands from his pockets as instructed. When he reached
behind his back for a gun she pulled her gun and told him to drop his. After he
threw his gun into the nearby woods Cummings said she ordered him to place his
hands on the hood of her patrol truck. When he refused she kept her gun drawn
as she tried to pat him down and handcuff him, but he resisted.
According to Cummings Wallace
turned around to face the street, causing her to step behind him, when her gun
accidentally went off. She then radioed a 911 dispatcher to report the
shooting.
In the lawsuit documents Jacquelyn
Wallace alleges that Police Chief Horace Walters has a widespread and customary
practice of failing to train, vet and supervise officers, that the decision to
place an untrained officer in a position to use deadly force “should be
considered a conscious and deliberate choice.” Walters resigned recently over
other issues.
Cummings was still a rookie at
the time of the shooting. She started working for Alexander on Jan. 30, 2012,
and was scheduled to attend the police academy in January, 2013. Under Arkansas
law, she was allowed to work as a police officer as long as she completed the
state’s certification process within a year of being hired. She resigned from
the department a short time after the shooting.
Prior to working for Alexander
she was a sergeant in the state prison system, working in Wrightsville, where she
didn’t handle a gun, and her only firearms training consisted of target practice,
according to testimony at the trial.
The lawsuit also alleges that
after shooting Carleton Wallace in the back, causing him to fall into a grassy
ditch near her police truck, Cummings “failed to offer any assistance” to
Wallace.
The lawsuit was filed against the
City of Alexander, Nancy Cummings and Horace Walters.