LRPD Officer's Lawyer Responds to Manslaughter Charge in Teen's Death

"I think as a police officer he's very hurt. He's really hurt more than anything else," said attorney Bill James.

That's how he described his client, Little Rock Police Officer Joshua Hasting, who was arrested and charged with  with manslaughter for the August 12, 2012 shooting of 15-year-old Bobby Moore.

The shooting outraged family members who where there on the scene in August.

"It's a kid. it's a 15-year-old kid. I don't care what he was out there doing," said Moore's mother Sylvia Perkins.

Hastings originally responded to a call of suspicious persons at an apartment complex off of Markham.

"You can't escape the fact that one person in this was violating the law when it all started -- and it wasn't Officer Hastings," James said.

Hastings reported seeing three individuals who appeared to be attempting to break into vehicles. Hastings said they hopped into a black car.

He claimed it "came out in a hurry" and was traveling toward him at 25-35 miles per hour, according to the investigator's affidavit.

Hastings told investigators he drew his service weapon, and walked out with a flashlight and identified himself as Little Rock Police, ordering the vehicle to stop.

He said the vehicle was approximately five feet in front of him when he realized that the vehicle was trying to run him over, and he was in fear for his life.

Hastings said he fired two rounds at the driver, later identified as Moore, to stop the threat of being run over.

"He was out working to protect our citizens and sometimes a police officer you have to protect yourself when doing that," James said.

According to investigators, writing in the affidavit, the evidence didn't appear to support Hastings' statement, but instead supported the accounts given by witnesses in the car with Moore.

They both say Moore was either stopped or in reverse when the shots were fired. One recounted hearing three pops "pow, pow, pow" at which point the officer yelled, "Stop, stop or we'll fire," according to the affidavit.

Evidence from the scene, according to investigators, also doesn't mesh with Hastings' account of events.

Hastings claimed, "he was able to move out of the vehicle's path and after he fired his rounds the vehicle continued past him, over the curb and crashed into the rocks," the affidavit reads.

"Hastings said the vehicle went about five feet past the curb onto the rocks and then started backing down the hill. Hastings said he tried to chase the car ... but it was rolling faster than he could run. He said the vehicle continued down the hill backwards and struck a pole and a parked car," the affidavit continues.

But according to investigators and the Crime Scene Search Unit, the evidence did not appear "to support the statement that was given by Hastings. The evidence appeared to support the statements given by the witnesses that were in the car."

According to the affidavit, "There was no evidence found that would indicate that the vehicle traveled over the curb and up the embankment as Hastings had claimed. The undercarriage of the vehicle was examined and there was no damage consistent with the vehicle going over the cur and up the rock embankment as Hastings stated."

Moore's injuries, according to the affidavit, are also inconsistent with Hastings' account.

"There was a bullet wound found on the left middle finger, right shoulder, and the left side of the head...[Dr. Dye] advised the bullet path would have been consistent with Moore having his head turned to the right looking over his shoulder," the affidavit said.

Investigators go on to conclude, "While it appears that the vehicle was driving toward Hastings at some point, all of the physical evidence is consistent with statements made by the occupants of the car, indicating that the car was stopped or in reverse at the time Hastings fired and not traveling toward him at a high rate of speed."

But Hastings' attorney said that's up for debate.

"There's questions about it, if the car was in reverse. I believe it was found in neutral. There's a theory of he was in reverse, but I don't think it's an absolute fact," he said. "And as far as what investigators think or what they think things seem to indicate or like like doesn't really matter. Because they're not going to be asked what do you think happened. The people who are going to be asked that are the jurors."

According to James, the affidavit also only explains the best-case scenario for the state. He won't be able to view all of the evidence until a motion for discovery is filed, and getting all the information could take upward of 60 days.

James said in this case right now, there's only one undisputed fact.

"Just like everyone else, Officer Hastings is presumed innocent until he's proved otherwise," James said.

Hastings has been released from Pulaski County Jail on bond. He plans to plead not guilty to the charges.

KARK reached out to the family of Bobby Moore, but they did not wish to comment.

Officer Joshua Hastings does have a lengthy disciplinary history with the department, including six suspensions in his five years on the force.

A supervisor, in response to another disciplinary review back in March, wrote Hastings had "continuously show poor decision making and unprofessionalism as a Little Rock Police Officer" and that he had "great concern for his mental stability and decision making as a Little Rock Police Officer".

KARK asked James if Hastings' history would impact jurors in considering Hastings' reaction in this case.

" Well, it shouldn't. The reality is as a police officer those things happen. That's why they have them. You make mistakes, you do things you're not supposed to do, and you take those punishments that are consistent with what the level of wrongdoing was," James said. "It shouldn't be relevant in the trial. I can't imagine that's it's relevant. If it is, I think the jury will see it for what it is, a non-issue."

Hastings has been suspended from duty, but he remains employed with the department, alongside his father -- veteran officer Terry Hastings.