UPDATED 6/3/2010: MEMORIAL FOR MR. AHERN IN OMAHA
NOTICE: There will be a memorial service for James Ahern in Omaha on Saturday 6/19/2010.
The memorial will be held at Creighton Prep Chapel, 7400 Western Avenue, Omaha, NE. The service starts at 10:00 AM. There will be time given during the mass for friends to get up and talk about Mr. Ahern. This service was set up by some of Mr. Ahern’s friends in Omaha since there was no funeral service there. All of Mr. Ahern’s friends, family, and supporters are welcome to join in celebrating his life.
by Brian A. Wilkins
4/20/2010 (updated 6:00pm)
ORIGINAL LINK: http://blog.operation-nation.com/2010/04/20/breaking-news-bella-vista-ar-cop-brackney-charged-with-manslaughter.aspx
Not sure whether to celebrate or scream judicial fraud. But on this joyous 4/20, Operation Nation is happy to report that killer cop Coleman Brackney, of Bella Vista, AR, will be charged with felony manslaughter. This disposition comes exactly 90 days after Brackney shot and killed Mr. James Patrick Ahern, 41, following an alleged “police chase.” Benton County prosecutor Van Stone decided on the charge based on the dash-cam video and Brackney’s explanation as to the events.
Brackney turned himself in this afternoon and, for whatever reason, was released without bond (on a manslaughter charge). It’s also being reported that Brackney was fired from the Bella Vista Police Dept, so I guess his paid vacation is over.
We’ve also learned that Ms. Carol Owens, the former fiancee of the now-deceased Mr. Ahern, was pulled over by Bella Vista Police on April 10 at 1:30 a.m. She was told to pull onto a gravel road, in a dark , deserted area, which likely made her instantly think she was going to be murdered, just like her fiancee. The cop accused Ms. Owens of being drunk, but she does not drink because she is diabetic. Bella Vista Police Chief Ken Farmer denied the officer knew who he was pulling over. But come on: what is the population of Bella Vista again…16,000? There have been at least eight more citizens who have told us of similar harrassment by police.
The manslaughter charge against Brackney carries a sentencing range of 3-10 years in prison. The arraignment is set for June 7. I’d love to see this case go to trial, just to hear Brackney’s excuse for murdering Mr. Ahern. But some sort of plea agreement is almost inevitable. We won’t speculate (this time), that is until we’ve reviewed Arkansas laws and precedent. In the meantime, here is the text of Arkansas manslaughter statutes.
(a) A person commits manslaughter if:
(1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
B. The reasonableness of the excuse is determined from the viewpoint of a person in the actor’s situation under the circumstances as the actor believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
B. In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subsection (a)(4) of this section
for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce,
procure, counsel, or aid the homicidal act’s commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct
which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
History. Acts 1975, No. 280, § 1504;
We’ll update as we learn more.
Bella (AR) Police Thugs Murder James Patrick Ahern; Trying To Cover It Up (last updated 2/15/2010)