By Melissa Sherman
The Morning News
ROGERS - An officer was justified in using deadly force on a 17-year-old boy attempting an armed robbery on Feb. 23, said Benton County prosecutor Van Stone. The Benton County sheriff's office investigated Rogers Officer Jason Becker, 27, who shot at an attempted robbery suspect who fled from Wendy's Old-Fashioned Hamburgers at 2200 W. Walnut St. Becker fired his department-issued 9 mm gun at Eduardo "Eddie" Hernandez, 17, of 709 S. 24th St., when Hernandez reportedly pointed a 12-gauge sawed-off shotgun at Becker while fleeing the scene on foot. Hernandez received a gunshot wound to his right elbow and was treated at St. Mary's Hospital, according to reports. After treatment, he was transferred to the Benton County Jail on Feb. 27. Becker had probable cause at the incident to believe Hernandez had committed a "violent felony involving the threat of death or serious physical injury," Stone said.
At about 1:37 a.m., Becker heard Rogers Central Communications dispatch a robbery in progress at the restaurant, where a suspect was armed with a shotgun, he told sheriff's office investigators. Becker was on Walnut Street and stated he pulled into the parking lot, heard a loud bang and then observed two to three teens run south from the scene, according to the incident report. During the foot pursuit, Becker identified himself as an officer and ordered Hernandez to stop. Becker fell in a drainage ditch and saw Hernandez turn toward him and the silhouette of the shotgun, he told investigators. Becker then fired one shot from the ditch at Hernandez.
The use of deadly force was also justified because Hernandez turned and pointed the sawed-off shotgun at Becker, Stone said. The prosecuting attorney's office compared the shooting to the state statute regarding officers' use of force in the line of duty, Stone said. Based on Becker's actions at the scene, he was clearly authorized under the statute, Stone added. Rogers Chief Steve Helms said he was pleased the investigation was completed. Helms said it was nice to have it in writing Becker was justified in the shooting. Becker will return to patrol work today, Helms said. The 9 mm gun used by Becker was logged into evidence on Feb. 23 and 11 rounds were still inside, according to the report. The gun can hold 16 rounds. Investigators were able to locate four of the five spent rounds at the scene. The first round fired by Becker when Hernandez reportedly pointed the sawed-off shotgun gun at him was not found, according to the report.
Hernandez told police he didn't point the gun at Becker during the foot pursuit. Becker reportedly stopped and fired at Hernandez two more times. Hernandez zigzagged while he ran toward the vehicle, according to the report. The manner in which Hernandez ran was believed at the time to be a tactical move, Becker told investigators. During the pursuit, Becker also believed he was still in the "kill range" of the shotgun and exposed, according to the report. Becker fired his gun a fourth time at Hernandez, who continued to flee with two teens in a waiting Jeep Cherokee at Innisfree Retirement Center at 301 S. 24th St. Becker told police he thought he heard the sound of the shotgun racking and that's when he fired at the vehicle, according to the report. The vehicle and the shotgun were found abandoned near 25th and Ash streets.
John Michael Schneider, 16, of 2330 W. Seminole Road; Aaron Michael Isbell, 17, of 708 S. 14th St.; Jorge Gabriel Hernandez, 15, of 709 S. 24th St.; Ricardo A. Salcido Jr., 17, of 2307 W. East St.; Evan Reilly Garvey, 17, of 701 N. Third St. and Eduardo Hernandez eventually were arrested in connection with felony charges of aggravated robbery, criminal use of a prohibited weapon, fleeing by vehicle with extreme indifference and kidnapping, according to previous reports. Each was being held Wednesday in the Benton County Jail in lieu of a $150,000 bond. Eduardo Hernandez and Jorge Hernandez have Immigration and Customs Enforcement holds.
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An article about the upcoming election.
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