Prosecutor says Fort Smith stabbing in January was justified

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FORT SMITH, Ark. (KNWA) – The Sebastian County Prosecutor has completed a review of a stabbing that occurred in Fort Smith on January 15..

Daniel Shue says that Miller Luke was justified in stabbing an intruder at a residence at 5900 Kinkead Avenue.

Luke was justified due to “if the person reasonably believes that the other person is committing or about to commit a felony involving force or violence or about to use unlawful deadly physical force.”

According to facts surrounding the case, Luke was asleep in the apartment when he awoke to a masked-intruder pistol-whipping him with his own pistol.

Luke went to his bedroom closet to open a safe and started to remove marijuana and cash from the safe. The suspect pushed Luke aside to finish getting the drugs and cash out of the safe.

Luke realized he had a knife on the shelf in the closet and grabbed the knife and stabbed the intruder in the back. A struggle ensued throughout the apartment until the intruder fell to the ground and stopped moving.

During the course of the investigation, police found a marijuana pipe in plain view at the apartment when they arrived to begin investigating the stabbing. A set of digital scales on the kitchen counter with marijuana on and around the scales and a box of sandwich bags.

Both Luke and his roommate admitted that Luke had been selling marijuana out of the apartment. Luke also admitted that the intruder had purchased marijuana from him in the past, and therefore would have reason to know that he had marijuana and cash in his apartment. 

A warrant has been prepared for the arrest of Miller Luke for possession of drugs and firearms, possession of marijuana with the purpose to deliver, maintaining a premise for drug activity and possession of drug paraphernalia. 

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