Judge can't call grand jury in DeAunta Farrow case, court rules

AP via Commercial Appeal ^ | 2/7/8

[SmithL]

LITTLE ROCK — A Crittenden County judge does not have the authority to call a special grand jury to investigate the shooting death by a police officer of a 12-year-old boy in West Memphis, the Arkansas Supreme Court ruled today.

Circuit Judge Victor Hill wanted a grand jury to investigate last year’s death of DeAunta Farrow. But special prosecutors handling the case objected, saying their investigation was still open and it was inappropriate for the circuit court to conduct its own probe simultaneously. The court agreed.

“Under our superintending control, we cannot allow coordinate divisions of a single circuit to compete for control of processes investigating possible criminal acts,” Chief Justice Jim Hannah wrote in the unanimous ruling.

DeAunta died when he was shot June 22 by a West Memphis police officer who said he thought the boy was carrying a gun and said the boy refused to obey orders to halt. Police were on a stakeout at an apartment complex near where the child was playing. Afterward, police say they discovered that Farrow was carrying a toy gun. The officer, Erik Sammis, who was cleared of any wrongdoing, has since resigned.

Special prosecutors H.G. Foster and Jack McQuary argued that allowing Hill to call the grand jury could open the door for multiple judges opening simultaneous investigations on any criminal matter. But Hill said he believed Foster and McQuary essentially closed the case by finding that Sammis committed no prosecutable offense in fatally shooting the boy.

Sammis also was cleared of any wrongdoing by the Arkansas State Police, the U.S. Justice Department, and the West Memphis Police Internal Affairs Bureau.

The shooting death sparked claims of racism. Sammis white. DeAunta was black.

In a concurring opinion, Justice Donald Corbin said Hill should have withdrawn his grand jury order once he learned the prosecutors’ investigation was still ongoing. Allowing judges to compete over a case would create “chaos,” Corbin wrote

“The death of a child is against the natural order of things, and in the case of the shooting of young DeAunta, it is understandable that people want to know that justice is being served,” Corbin wrote. “At the same time, the system that dispenses that justice must be allowed to work in an orderly and efficient manner.”

[rednesss]

Not leaning one way or the other here, but if the two special prosecutors have essentially finished their investigation, but are only “technically” keeping it open, does that sound right?? How much time do they need to “finish”??? A year? Five? Can they provide some evidence that they are still doing any work on it???

[hadit2here]

I guess I’m just a little bit more than confused. I always thought that our government was divided into three separate branches, each with its own powers. Ya know, that ‘checks and balances’ thingie I read about in those old, musty Federalist papers, written by some dead white guys.

I thought judges were supposed to adjudicate cases brought TO the court, not proactively intitiate their own investigations, prosecutions, persecutions, etc.

Again, maybe my understanding of the system is big time flawed, but I’d sure like those black robed tyrants to sit down, shut up and do their jobs honestly and honorably. Then they wouldn’t have time to be sticking their noses into other places where they really don’t belong.

But again, that’s just me...