By Dave Hughes
Arkansas Democrat-Gazette
FORT SMITH - Three Fort Smith police officers were in the line of fire of the man they arrested Tuesday after a shootout that left a bystander dead, police reports show.
Police reports say Gary Adam Nixon, 34, of Fort Smith pointed a shotgun at three officers, firing at two of them, during separate encounters Tuesday.
Olivia Stewart, 41, of 1709 S. 12th St., was struck in the chest by a bullet during an exchange of gunfire between Nixon and Officer Jeff Carter. She was declared dead at Sparks Regional Medical Center.
Nixon was booked into the Sebastian County jail Tuesday on suspicion of capital murder, attempted capital murder, aggravated assault with a firearm, being a felon in possession of a firearm, fleeing apprehension with injury, possession of methamphetamine and possession of drug paraphernalia.
Shawn Paul Mumbower, 32, of Fort Smith was being held on a petition to revoke a suspended sentence for nonpayment of a fine, police spokesman Sgt. Jarrard Copeland said.
No charges were filed Wednesday against the two.
“I anticipate making that decision sometime tomorrow and getting that filed,” said Chief Deputy Prosecuting Attorney Dan Shue.
Police reports say Nixon pointed a sawed-off shotgun at Officer Daniel Honeycutt as he approached a car occupied by Nixon and Mumbower near a convenience store at 2112 Dodson Ave. Honeycutt was responding to a report at 1:30 p.m. about a man with a gun at the store.
The report said as Honeycutt approached the maroon Buick, he saw someone rise in the back seat and point a rifle or a shotgun at him. Honeycutt stepped away to find cover and the car drove away.
A 17-year-old Northside High School student also was in the car, reports said. She ran away when Nixon pointed the shotgun at Honeycutt but was arrested about four hours later on suspicion of fleeing the scene of an offense, attempting to obstruct government operations by making a false report to police and on an outstanding warrant for failure to appear.
Carter spotted the Buick traveling west on South I Street moments after the encounter with Honeycutt. At first the driver would not pull the car over, but then stopped in the middle of the 1600 block of South I Street.
Reports said Nixon emerged from the passenger side of the car and fired the shotgun at Carter, prompting Carter to shoot back. The Chapparal Apartments at South 16th and I streets was in the line of Carter’s fire.
Stewart was struck by a bullet as she stood outside the apartment complex about 100 yards away.
A friend of Stewart said Tuesday she was at the apartment complex to return dishes to a tenant.
Nixon ran north of South 16th Street about a half-block then east between two houses as Detective Ron Scamardo arrived to assist Carter.
The report said that when Scamardo arrived, he parked in the driveway where Nixon was running, drew his gun and ordered him to surrender. Nixon turned and fired the shotgun at Scamardo and Scamardo returned fire twice, reports said. Nixon then surrendered.
Carter took Mumbower, who police say was driving the maroon Buick, into custody at the car. Neither Nixon nor Mumbower was injured.
Earlier, witnesses told police that Nixon had pointed the shotgun at a man outside the Kum & Go convenience store. The man drove off and Nixon chased the car on foot briefly then ran back to the Buick, which was parked across Dodson Avenue from the store.
Scamardo and Carter have been placed on paid administrative leave pending an internal investigation, Copeland said. He said department policy dictates the two men must be on leave for at least 48 hours.
Copeland said Scamardo joined the force in October 1985 and Carter in September 1999.
The department’s policies and procedures manual states an officer may use deadly force only as a last resort and if his life or another’s is in jeopardy.
A criminal investigation by the department’s Criminal Investigation Division and an internal investigation by the department’s Office of Professional Standards must be completed in 30 days.
Results of the criminal investigation are given to the prosecutor’s office, and the internal investigation results are given to the police chief.
Copyright 2006 Little Rock Newspapers, Inc.