Former Alexander officer cleared of liability in 2012 shooting

In U.S. District Court Thursday, December 7, a jury cleared former City of Alexander Police Officer Nancy Cummings of any liability in the shooting death of 30-year old Carlton Wallace. The decision follows a $150,000 proposal to settle out of court, which was turned down by the Alexander City Council.

According to court documents Jacquelyn Wallace, Carleton Wallace’s mother, filed the civil rights lawsuit, “for the Estate of Carleton J. Wallace.” The lawsuit claims Cummings, “violated Wallace's Fourth and Fourteenth Amendment rights to be free from excessive force.” The trial was conducted by Judge Billy Roy Wilson.

The shooting occurred Saturday, September 8, 2012 in Alexander on Brookwood Road. The incident was investigated by the Arkansas State Police.

Cummings was a rookie officer and had not yet been certified by the state. At the time then Police Chief Horace Walters said she had met all the state qualifications to be on patrol.

According to an article in the ArkansasOnline version of the Democrat-Gazette the jury heard testimony from Cummings, her daughter who was on an official ride-along at the time and expert witnesses. In her testimony Cummings said she encountered Wallace walking in the middle of Brookwood Road shirtless around 4:30 PM. Cummings said she noticed Wallace had a pistol tucked in the waistband of the back of his pants. She stopped the police car and began speaking to him.

The article states that Cummings testified, “Wallace ... replied in slow, drawn-out words that made her believe he was intoxicated.”

After he was ordered to drop the weapon and put up his hands both Cummings and her daughter told jurors Wallace turned pulling the 9mm pistol from his waistband and pointed it at Officer Cummings. He then appeared to look either at the gun or Cummings’s daughter before throwing the weapon into the woods, they said. Later in the trial it was revealed when his gun was found the safety was off and ready to fire.

The article goes on to explain how Cummings took a position behind the car door with her service weapon drawn. She then ordered Wallace to lie on the ground. When he refused she ordered him to lean on the hood of the police car. In her testimony Cummings went on to explain how, with Wallace leaning on the hood, she attempted to handcuff him by holding her weapon at her side, grabbing one of his hands to bring it around to his back. She was then going to holster her weapon, bring the other hand to his back and complete the hand-cuffing procedure. But, Cummings said he suddenly turned, jerking her "real hard," and the gun went off. Not realizing her gun had fired, hitting Wallace in the back, she said she was confused when Wallace staggered and dropped to the ground.

Two witnesses were allowed to “Testify” without being present. According to the Democrat-Gazette previous testimony given by boys, ages eight and ten, was read into the record for the jury. The boys couldn't be found for the trial.

The boys were outside a nearby mobile home at the time of the shooting. During the investigation by state police the boys said it looked to them as if Wallace had tried to run and then Cummings had grabbed the gun and intentionally shot him. One boy said she appeared to take the gun out of its holster; the other said it looked like she picked it up off the hood. While one of the boys estimated they were eight feet away at the time of the shooting, defense attorneys said a state police diagram made after the incident shows they were 52 yards away. A firearms expert hired by Cummings's attorneys said that because sound travels slower than light, the boys probably saw Wallace moving away and then heard the shot, leading them to falsely perceive that he was running before he was shot.

The expert, Emmanuel Kapelsohn, said blood drops and the diameter of the stippling surrounding Wallace's wound indicated he was three to four inches from the gun when he was shot. If he had been farther away, Kapelsohn said, the stippling from the gunshot wouldn't have reached him. Kapelsohn also testified that the actions described were consistent with Cummings experiencing an involuntary muscular contraction, which caused her finger to fire the gun instinctively when she was thrown off-balance.

In closing arguments Thursday morning, the article continues, attorneys Reggie Koch and Jimmy Morris -- representing Wallace's mother, Jacquelyn, in the lawsuit against Cummings -- complained that they couldn't afford to hire an expert to counter Kapelsohn and another expert, who together

cost about $6,600. Koch suggested that Cummings, who had been scheduled to attend law

enforcement training, may have relied on her previous training at the Arkansas Department of Correction, where guards can shoot fleeing suspects.

John Wilkerson, an Arkansas Municipal League attorney who represented Cummings, told jurors

that to find Cummings liable for Wallace's death, the plaintiff had to prove by the greater weight of evidence, "that this was no accident ... it was intentional."

He said the plaintiffs' attorneys "want you to believe the boys when it's helpful" but not when

their statements contradict each other.

"We're not calling the boys liars," Wilkerson said, but "they're little boys."

He said Cummings "is not a malicious person," and reminded jurors of previous testimony that Cummings has undergone therapy to try to cope with Wallace's death.

The article notes two facts jurors were not told. Cummings was acquitted of manslaughter in 2013 by a Saline County jury and, after his death, blood tests showed Wallace had ingested a high dose of methamphetamines, as well as anti-anxiety medication and marijuana.

The article quotes Wilkerson who said after the verdict, "It's been five years for her, and I know it's a huge relief for her. I'm happy it's over, for her."

Cummings resigned shortly after the shooting. She still lives in central Arkansas but has not returned to law enforcement work.

The plaintiffs' attorneys didn't ask jurors for any particular amount of money if they found Cummings liable, according to the article. Attorneys for Jacquelyn Wallace said she knew ahead of time that it would be a difficult case.

As reported November 26, the Alexander City Council turned down an offer of $150,000 by Wallace’s attorneys to settle out of court. At their regular November 20 meeting council members decided to either wait for another offer or let the lawsuit move forward.

Even though a previous ruling by a Federal District Court judge released both the city and then Police Chief Horace Walters as participants in the case, Alexander would have been responsible for ten-percent of any settlement or fine. The Arkansas Municipal League would have paid the remaining amount.

The Democrat-Gazette article was written by Linda Satter.