The Times Record – Fort Smith, AR
http://www.swtimes.com/archive/2001/June/21/news/SelfDefense.html
Fort Smith, Arkansas . Thursday, June 21, 2001 Prosecutor Rules
Self-Defense In Slaying
By Jeff Arnold
TIMES RECORD . [email protected]

Sebastian County Prosecuting Attorney Tom Gean announced Wednesday
that
he will not file charges against a Fort Smith woman who shot and
killed
her boyfriend.

O’Brien Atchison Jr., 68, of Fort Smith was shot and killed by
Everlean
Porter, 68, after Atchison entered her residence at 2019 N. 12th St.
early June 12.

Porter told police she terminated a 21-year relationship with Atchison
on June 11, but he refused to return a key she had given him to her
home. She told police Atchison used that key to enter her residence.

After Atchison entered the home, Porter told police they argued and at
one point Atchison got up from where he was sitting and told her he
had
come over to kill her and her two sons.

Porter said she then fired three shots from a .32 caliber pistol she
retrieved when the argument started. Atchison was hit twice in the
upper
body and pronounced dead at the scene.

Porter told police she feared for her life and that Atchison
threatened
her with a gun twice before and he was known to carry a pistol. Police
found a .22 caliber revolver in Atchison’s right front pants pocket.

Gean said the shooting was clearly justified. “This was a classic case
of self-defense,” Gean said. “A person in their own home can use
deadly
force when they think a person is about to commit a felony using force
or violence.”

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