Witness describes DeAunta Farrow shooting

Published: Nov. 20, 2007 at 2:57 AM CST|Updated: Nov. 20, 2007 at 5:21 PM CST
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Monday, Action News 5 obtained a copy of an interview with Unseld Nance, conducted by Nance's attorney and Bailey.

During the interview, Nance, who was with Farrow on the night he was killed, gave the attorneys an account of what happened.

"They said get down get on the ground. I got on the ground. DeAunta, he just standing there with his hands up," he says.

Nance claims West Memphis police officer Eric Sammis shot Farrow before he could get on the ground.

"Before DeAunta could get on the ground police, shot him, while his hands were up."

Nance says that Farrow was holding a bottle of pop and chips. Sammis, meanwhile, claims the 12-year-old appeared to have a gun. That turned out to be a toy in his hands and he pointed it at the officer.

In the interview, Nance says Farrow had a toy gun, but he didn't have it out.

"It was on him. It was in his pants," says Nance.

Nance then showed the attorneys how Farrow's shirt was covering up the toy gun he said Farrow had in pants.

Sammis told investigators he believed the youth was holding a gun. Police say the boy had a toy gun, but the boy's family says he had a soda and a bag of chips.  Bailey says he has that evidence in his posession.

The federal Justice Department found in its investigation that there was no criminal violation of the boy's civil rights. But the agency also said it is willing to review any new evidence.

The Associated Press contributed to this report.  Stay with for updates on this story.