Norman Given 90 Days' Jail Time
Hamley Family Satisfied With Sentence
Last updated Thursday, June 28, 2007 9:11 PM CDT in News
By Don Dailey
THE MORNING NEWS
BENTONVILLE -- Mary Hamley avoided looking at Larry Norman through most of her testimony, but fixed her eyes on him as she began to read from a closing statement.
"I've had a lot of early mornings since Erin's death."
Norman stared at the table in front of him through most of Hamley's testimony, but raised his head as she finished in tears.
"Time won't heal this broken heart."
"There's nothing I can do to bring him back, and I deeply regret it," a subdued Norman said later from the stand in a low monotone.
Mary said Erin dreamed of living as normal a life as possible despite his cerebral palsy and mental disabilities.
"His dream was ... he'd live to be an old man and hold his children and grandchildren," she said.
Arkansas State Police Trooper Larry Norman shot and killed Joseph Erin Hamley last year in a case of mistaken identity. A judge Thursday sentenced him to 90 days in the county jail, 30 days of community service, a $1,000 fine and a year's probation.
His lawyer, John Everett, asked him why he pleaded guilty to misdemeanor negligent homicide in the death.
"I made a mistake, and I try to take responsibility for my mistakes and teach my children the same," he replied.
Senior Circuit Judge Tom Keith handed down the sentence after almost two hours of testimony from Hamley's family, and Norman's family and former co-workers. Norman retired after the shooting.
"It's amazing how in a flick of a moment ... we had one life lost and another life unalterably changed, and it was a mistake," Keith said from the bench.
"This may be a form of closure, but there is no closure when you've lost a loved one, and there is no closure for Mr. Norman. Hopefully he will recognize that he's more than one mistake in one instant of time," he added.
Erin Hamley's brothers, Sean and Bud, also testified.
Bud said the he'd often been asked why the family wasn't keeping tabs on Erin the day he died. Bud said Erin was 21 years old and had shown he could take care of himself.
"He had his own life and own friends," he said.
It has never been revealed how Erin, who was on foot, got so far from his Springdale home. The shooting occurred almost 15 miles from his house.
Mary Hamley read a short statement after the sentencing in which the family said it was satisfied.
"We feel that justice was served and that the Constitution was upheld," Mary Hamley said. "I feel that justice was done for Erin."
Norman pleaded guilty May 4 after being indicted a year earlier by the first grand jury called in a quarter-century in Benton County.
Early on March 7, 2006, Norman shot the 21-year-old Hamley on the shoulder of U.S. 412 west of Tontitown. Norman was responding to a report that a man on the highway could be Adam Lee Leadford, who had eluded local police for three days after escaping from a prison boot camp in Michigan.
Norman testified in depositions and during Thursday's hearing that he believed Hamley was Leadford and shot in response to Hamley's hand movements, which appeared as if he could be reaching for a weapon.
His wife, Mary Norman, and his sister-in-law, also named Mary Norman, testified about how difficult life had become for Larry Norman in the wake of the shooting.
"He doesn't sleep. He hides behind his ball cap, and he'll never forgive himself," his wife said.
Larry wiped away tears as his wife spoke about how he cleans chicken houses for a living now and limits his contact with family and friends.
"That day we lost a part of Larry, as well," she said.
His sister-in-law, Mary Norman, speaking for the family after the hearing, expressed sympathy for the Hamley family and support for Larry.
"I believe that he has always served to protect and at that time that was what he was trying to do," she said.
Benton County Prosecutor Van Stone said the sentence was acceptable.
"If the Hamley family is satisfied, and the public is satisfied, then the prosecutor's office is satisfied as well," he said. "The family had an opportunity to tell the public what Erin Hamley was like" and that was important to them.
Benton County Sheriff Keith Ferguson took Norman from the courthouse in handcuffs, but he will be released today for 10 days to take care of his affairs at home.
Norman's adjudication took a somewhat unusual route. Instead of the common plea bargain in which prosecutors and defense attorneys agree on a charge and a sentence, Norman pleaded guilty to the charge handed down by the grand jury and asked for the judge to decide the sentence.
Keith ordered a relatively rare presentence investigation, which provided a sentence recommendation.
Only the recommendation portion of the presentence investigation was made public Thursday. The investigator recommended a sentence of 30 days in jail with 29 days suspended and a $750 fine paid to the charitable organization of Mary Hamley's choice.
Norman, 41, of West Fork, an 18-year police veteran, faced up to a year in jail.
The grand jury concluded Norman disregarded orders, played the radio in his police cruiser too loudly to hear dispatches and did not communicate with other officers before shooting Hamley.
Norman was sitting in his cruiser in a parking lot in Fayetteville when he heard Trooper Wilson Short dispatched to check out a report that Leadford had been spotted, the grand jury's report said.
Acting on a "gut feeling" that the reported man was indeed Leadford and that there would be a problem, Norman sped to the location. Once there, he ignored Short's order to block traffic on the highway and instead joined Short and four Washington County deputies in a perimeter around Hamley with guns drawn, the grand jury report said.
The officers ordered Hamley onto his stomach, but Hamley lay on his back instead. Norman said Hamley appeared to be reaching into his pocket, but the grand jury decided Hamley may have been attempting to turn onto his stomach.
The grand jury reported Norman, who had been on the scene less than a minute, fired his shotgun once and the slug grazed the pavement before hitting Hamley in the side. Norman told Short the shot was not an accident.
Police captured Leadford later that day in Springdale after a high-speed chase. Leadford was sentenced to 30 years in prison for his actions in Benton County. He was sentenced to six years in prison on charges in Washington County.
Norman waived his right to a jury trial in his plea and also waived the right to appeal.
The state paid Hamley's estate $1 million, and the family agreed the settlement would satisfy all claims. The State Police did not admit wrongdoing.
The agency granted Norman medical retirement last year based on what his attorney called an "enormous psychological overlay" from the shooting. Norman testified that his retirement pay is about $16 a day.
Some of the incident was captured by cameras mounted on police vehicles. The film and other evidence, including hours of interviews conducted by the grand jury of Norman and other officers on the scene, were made public Thursday.
THE Morning News' Doug Thompson, Robin Mero and Josh Dooley contributed to this report.
AT A GLANCE
The Sentence
* 90 days in the Benton County Jail. He will be given 10 days to get his affairs in order before starting his sentence
* 30 days of community service at the Benton County Sunshine School or the Benton County Adult Development Center
* 12 months' probation
* The maximum $1,000 fine
Why A Negligent Homicide Charge?
Robin Green, who was serving as prosecutor when Erin Hamley was shot by State Police Trooper Larry Norman, requested a grand jury be convened to consider an indictment.
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 have required recklessness on Norman's part. Recklessness is defined as consciously disregarding risk.
Source: Staff Report
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