12 yr old killed, cops found not to have violated his civil rights

LITTLE ROCK (AP) - DeAuntae Farrow's civil rights weren't "willfully abused" by police when the 12-year-old boy was fatally shot by a West Memphis police officer, the federal Justice Department said in a letter to Police Chief Robert Paudert.

The police shooting does not warrant federal criminal prosecution, the letter from Mark J. Kappelhoff, chief of the Criminal Section of the department's Civil Rights Division, said.

"After careful consideration, we concluded that the evidence does not establish a prosecutable violation of the federal criminal civil rights statutes," Kappelhoff wrote in a letter received by the city Oct. 31.

But Kappelhoff cautioned that the criminal section's conclusion "does not preclude other components of the U.S. Department of Justice from taking action ... under their separate enforcement authority."

The West Memphis boy was killed June 22 by a shot from the gun of Officer Erik Sammis. Officials say the boy was outside playing with a friend while police were in a car on a stakeout at an adjacent apartment complex. Police have said the boys ran by, yelling, and officers told them to stop. Police say Sammis fired when it appeared DeAuntae was holding a weapon and moved.

The officer told investigators he believed the youth was holding a gun. Police said the boy had a toy gun, but the boy's family has disputed that.

DeAuntae's death was also investigated by state police.

Paudert said Wednesday after releasing the letter that he and the officers in his department welcomed the federal agency's decision.

"We all ... are very pleased to have our officers cleared of any civil rights violation," the chief said.

Paudert said he met with the boy's mother, Debra Farrow, before releasing the letter.

"She was very kind and very gracious, and she accepted the letter," the chief said. "I explained that ... we were still waiting for the state prosecutor's finding."

Bill Sadler, spokesman for the state police, said results of the investigation were being provided to special prosecutor H.G. Foster of Conway, who was named to handle the case.

Paudert said he also told Farrow that he knew the latest action doesn't help her handle what happened.

"She's had a tremendous loss," Paudert said. "I'm sure she is suffering and will continue to suffer for quite a long time. But we have to put it behind us and move forward with our life."

The chief said he did not expect any problems in the community stemming from the federal agency's conclusion.

The two officers involved - Sammis and his partner on the stakeout, Jimmy Ellis - remain on administrative leave with pay pending completion of the state investigation as well as an internal investigation by the West Memphis Police Department, Paudert said.