Twelfth Judicial District Prosecuting Attorney Daniel Shue has determined that Fort Smith Police Department officers were justified in their use of deadly force during a May 17, 2026, fatal shooting. Shue's findings, based on an investigation by the Arkansas State Police (ASP) Criminal Investigation Division, were detailed in a September 3 letter to ASP and Fort Smith Police Chief Danny Baker.
The incident involved Joshua Keller, 27, of Fort Smith, and four officers. According to Shue, the events escalated after officers approached Keller during an investigation near the McClure Amphitheater. Keller reportedly shot FSPD Officer Kyle Newman in the neck before fleeing the scene. Following a pursuit, a confrontation occurred near the Grand Avenue overpass on Interstate 540, where Keller exchanged gunfire with officers. All four officers involved discharged their weapons, resulting in Keller’s death.
In his letter, Shue wrote, "Had the officers not shot Keller at the end of the pursuit, I could just as easily be writing a letter about the homicide of an FSPD officer or a citizen driving northbound on I-540." Shue concluded that the officers reasonably believed deadly force was necessary to protect themselves and others from the threat of serious injury or death posed by Keller.
Officer Newman, who survived the shooting, has since returned to duty. He was recognized for his actions with the department's Medal of Valor and Purple Heart awards.
The Fort Smith Police Department had requested the ASP investigation, which is standard procedure in officer-involved shootings in Arkansas.