Benton Police Chief adds statement to video after verdict reversal in teen death suit

Update April 10, 2024:

The video below was made before the more recent verdict on April 9, 2024. In light of the Judge overturning the previous $32 million judgement against the City of Benton and former Police Chief Kirk Lane, current Chief Scotty Hodges issued the following statement on April 10, 2024:

I know there has been a lot of concern after the jury’s verdict in the Keagan Schweikle case from 2016 in Benton. Shock might be a better word to use; maybe confused. I know I was certainly confused when I heard the verdict announced by Judge Brian Miller. I was confused because the jury found in favor of former Benton Police Officer Kyle Ellison, now ASP Trooper Ellison, that the use of force was justified in self-defense. However, the jury found in favor of the plaintiffs against the City of Benton and Chief of Police for failure to train and investigate.

We decided a couple of weeks ago to release a video, letting the public know of the verdict, what all has taken place and what the city and AR Municipal League were doing about it. We released that video earlier today. A short version can be found on our Facebook https://fb.watch/rmnRMVHRW6/ and the longer version on the Benton Police YouTube account at https://youtu.be/usm2fG47-aM.

Coincidently, and the news I wanted to share with all of you, hours after releasing our video, Judge Miller granted our motion for judgment notwithstanding the verdict and vacated the verdicts against the City of Benton and former Chief Kirk Lane.

Although we knew this was going to take place, the anticipation, wanting it to happen already, was getting the best of me. Judge Miller made the right decision and corrected the jury’s error.

I have had many of you reach out to me and the thoughts and prayers were answered and appreciated.
God Bless and stay safe!!!!

Scotty Hodges
Chief of Police
Benton Police Department

Original Article April 9, 2024:

The Benton Police Department’s official stance is one of innocence in the death of a 17-year-old’s in 2016. Current Police Chief Scotty Hodges released a statement Tuesday, April 9, 2024, in defense of actions by the BNPD and the City of Benton, after Keagan Schweikle was in the woods in a suicidal state and was fatally shot by a Benton officer. Scroll to see Chief Hodges’ full statement and video below.

In February, MySaline reported that a Federal jury ruled in favor of the plaintiff in a lawsuit – Schweikle’s parents Piper Partridge and Dominic Schweikle, versus City of Benton, Arkansas, former Chief of Police Kirk Lane, and Benton Officer Kyle Ellison. Ellison, who shot the teen, was cleared of charges. However the jury determined that Kirk Lane as (former) Chief of Police, did not properly train Ellison.

The jury awarded the parents in the amount of $32 million. The case was dismissed and appealed twice. The jury ultimately came to the decision for the City of Benton to pay two installments of $15 million, and for Lane to pay $2 million.

The statement:

“I’m Scotty Hodges, Police Chief for the City of Benton. Nearly eight years after it happened, City of Benton leaders continue to mourn the tragic death of Keagan Schweikle. This troubled young man died too soon and everyone with a heart grieves with his family. Although this was a tragedy, there was no wrongdoing on the part of the officer, the Benton Police Department, or the City. Here’s what happened.

“In 2016, 17-year-old Schweikle, armed with a semi-automatic pistol, was threatening suicide. His mother begged him to give up the gun. He refused. This was a dangerous and volatile situation. His mother called 911. But Schweikle fled to the woods near homes and recreational areas.

“Benton dispatched numerous resources to the scene to locate contain and help Schweikle. While searching, three Benton police officers located Schweikle, who refused to follow commands to drop the gun. Instead, Schweikle pointed the gun to his head, then moved the gun again – this time pointing the gun at the officers. This left the officer closest to Schweikle with no choice but to fire his weapon in self-defense. Sadly, Schweikle died.

“Unfortunately, police officers are too often put into situations where they must react, making a split-second decision based on their training. This was one of those situations. After our department conducted criminal and internal investigations, the prosecutor reviewed the matter. He determined the officer acted in self-defense.

“Despite that finding, Schweikle’s family hired a California attorney who filed a lawsuit. A six-day trial was held in Little Rock. The jury found that the officer who shot Schweikle acted lawfully. That’s a key point. Jurors found the officer followed the law, but the jury found against the City of Benton and the former chief of Police, because of an inaccurate, unsupported claim that the City and the former chief didn’t investigate or adequately train its officers.

“The California attorney is now asking City taxpayers to pay him and his clients $32 million. But there’s a problem with that request. The jurors said the officer acted properly. In order for the officer to have acted properly, he must have had the proper training and supervision and our records show he was properly trained and supervised.

“Here’s what we did in response to that 911 call. To help resolve the matter and protect everyone, numerous Benton police officers, medics, and fire personnel immediately responded. The officer who was first to find Schweikle, tried to talk to him. But that didn’t work. The officer tried to de-escalate The situation by directing him numerous times to drop the gun. That didn’t work either. Officers were trying to help Schweikle get the mental health treatment he needed but he refused to drop the gun and instead, pointed it at the officers.

“The California attorney also claimed that Benton officials didn’t have a plan to handle the situation. However, multiple witnesses testified under oath and disagreed with that allegation. In fact, approximately 14 police officers came to the scene that day, including supervisors, and criminal investigation detectives. Paramedics, EMT, and fire were staged on scene. A police K-9 dog was utilized to track. A police negotiator was there and available. All this was planned and coordinated based on officer training and policies. Unfortunately, despite all this evidence, The California attorney convinced the jury to make Benton taxpayers pay millions of dollars anyway.

“We want you to know what the city is doing about this. Our attorneys have asked the judge to correct the jury’s verdict. Even good people can get the details wrong sometimes, and that’s what’s happened here.

“We’re also prepared to file a legal appeal, should it be necessary. We would expect higher courts to overturn this decision because it doesn’t line up with what the law says. We work for you. It’s our job to keep you informed because it’s your tax dollars to California attorney is asking for.

“The city of Benton values all life. Many of our officers are parents themselves. This was a tragedy for everyone involved. Of course in every situation, there’s an opportunity for everyone to learn and improve. However, the actions of the city of Benton and former chief of Police were justified in this incident. When we have more to tell you, we will.”