News: Wrong security code

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Benny Spears set off a security alarm at his Fayetteville home with a wrong
access code Feb. 19, but he gave the correct code moments later.

Fayetteville police responding to the alarm didn't know the correct code had
been given until after a confrontation that left Spears dead, authorities
said Tuesday.

Fayetteville police shot and killed Spears, 47, saying he came out of the
home with shotgun, which he refused to drop and then pointed at an officer.

Washington County Sheriff Tim Helder confirmed Tuesday that ADT Security
Services notified Fayetteville police about the alarm, but didn't tell them
about the code entries.

"That adds to the tragedy of this," Helder said. "An alarm goes off, the
owner gives the wrong code, then gets it right, but the police don't know
it."

The sheriff 's office and the Arkansas State Police are investigating the
shooting of Spears, a Fayetteville restaurateur. Their findings are expected
to be released Thursday.

An internal investigation by Fayetteville police cleared three officers who
shot at Spears, finding they perceived an immediate threat and acted in
self-defense.

W.H. Taylor, an attorney for Spears' family, said Spears tripped the alarm
at 10:21 p.m. when he entered a wrong code on a key pad at 2333 N. Juneway
Terrace.

Spears entered the correct code at 10:23 p.m., according to an ADT alarm
history Taylor provided to the Arkansas Democrat-Gazette.

One minute later, ADT called Spears' cell phone, but got no answer, the
history shows. Then, ADT called Spears' home and got an answering machine.

The company then called a phone number that is disconnected but that is one
digit different from Herman's Ribhouse, which Spears coowned.

At 10:26, ADT notified Fayetteville police, who sent officers.

Had police known Spears ultimately entered the correct code, police might
have responded differently, Taylor said.

"They might not have gone there in the first place," he said.

Taylor said he's reviewing aspects of Spears' shooting but declined to give
details.

ADT offices in Springdale referred questions to an office in Florida, which
was closed at press time. An ADT representative said last week that the
company doesn't comment on customers.

Fayetteville police Sgt. Shannon Gabbard said police typically cancel their
response to a home alarm if the alarm company tells them that alarm has been
reset or deactivated.

Some alarm companies have internal procedures requiring them to obtain a
code word from a customer who's mistakenly tripped an alarm, Gabbard said.

He wouldn't comment specifically on Spears' case, but said it's important
for police to know about alarm code activity before they respond.

"It tells us that somebody at the residence is familiar with the code
process, and we can cater our response accordingly," Gabbard said.

The first officer to arrive at Spears' home Feb. 19 heard a man inside
yelling about killing a woman, a police dispatch report states.

Police Chief Frank Johnson said the officer checked for signs of forced
entry to the home but found none. The officer, whom Johnson didn't name,
thought there was a domestic disturbance and called for backup.

Meanwhile, dispatchers tried to call inside the home but got Spears' voice
mail. More officers arrived and set up a perimeter.

Two officers knocked on the front door and identified themselves. Spears
yelled from inside that "they better have a gun and he was going to kill
someone," Johnson said.

The officers backed off, and Spears stepped out the front door with a
pistol-grip shotgun. Officers repeatedly shouted for him to drop the gun,
but he pointed it at an officer, Johnson said.

A preliminary autopsy shows Spears had three bullet wounds - one in the
forehead and another in the left chest from a pistol, and one from a shotgun
in the left shoulder area.

Washington County Prosecuting Attorney Terry Jones said nine bullets were
recovered from the scene.