OFFICERS CLEARED IN FATAL SHOOTING

FAYETTEVILLE - Two Fayetteville police officers acted lawfully while
executing a search warrant in October that ended in the death of a
Fayetteville man, the prosecuting attorney said Thursday.

Officer Jason McDaniels and Cpl. Terry Tate did not violate any laws
when they fired at Taylor Breeden, 25, inside Breeden's apartment on
Oct. 30, prosecutor John Threet said.

Threet's review was based on an Arkansas State Police investigation of
the shooting. An internal review by Fayetteville police also cleared
the officers.

McDaniels and Tate were the first two members of an eight-man police
tactical squad in the door of the apartment at 624 N. Oakland Ave. The
squad, called the Emergency Response Team, was serving a no-knock
warrant on Breeden for felony drug and domestic violence claims.

The tactical squad served the search warrant because Breeden had
threatened his roommate with a gun, had an extensive criminal history
and had threatened to harm himself or officers, according to the state
police report.

Breeden had been arrested six times in Fayetteville, including on
felony burglary charges. He had also been charged with battery, escape
and terroristic threatening in other places, and served time in prison
in Texas on a drug conviction.

The officers found Breeden in the bedroom, partly hidden behind a bed,
according to the report. Breeden refused to show his hands, then
pointed a .38 revolver at McDaniels, prompting McDaniels and Tate to
fire their MP-5 submachine guns at Breeden.

Breeden fired a single shot at almost the same moment, at himself,
according to the report.

Breeden's shot hit his temple. Tate's two rounds struck Breeden in the
abdomen and thigh, while McDaniels' single shot missed, according to
the report.

Breeden was pronounced dead at the scene. His ex-girlfriend, who
rented the apartment, was not home at the time. She was the alleged
domestic violence victim who reported Breeden's activities to the police.

Breeden's own shot and one of Tate's shots would have been fatal,
although the state medical examiner could not determine for certain
which one killed him.

Police found about two pounds of marijuana and $22,000 in cash inside
the apartment.

Friends described Breeden as a music lover who was trying to get his
life back on track in Fayetteville, and had worked at a local music
store. The roommate who reported the assault, though, told police
Breeden was paranoid about going back to jail.

"He had made comments in text messages about suicide and about
shooting at police so they would fire back," Threet said. "It appears
this was how he had planned for it to go."

The incident was the first time that Tate, the tactical team leader,
had fired his weapon at a person. McDaniels was one of several
officers that shot and killed a Fayetteville restaurant owner in 2005
when he pointed a shotgun at them in the doorway of his home. That
incident involved patrol officers, not the tactical team.

Tate has been with the department for 12 years, and with the emergency
response team for at least five years, Gabbard said. McDaniels has
been an officer for about three and a half years, and a member of the
response team for about six months.

Both officers are back on duty.