breaking news
Olivia Stewart`s brother says his sister`s death could have and should have been prevented by Ft. Smith police.
James Stewart says he`s still in disbelief over his sister`s death.
Stewart says Olivia had stopped by to drop off some food for her niece when she was hit with a stray bullet from a shootout involving police and 34-year-old Gary Nixon.
"When she got shot my niece was holding her hand and rubbing her hand and she said, `baby, i got shot,`" Stewart says.
Investigators say the bullet that struck Olivia Stewart came from one of the two officers involved in the shootout.
"I just think there was an extreme neglect for life with the bullets that went over my niece`s head while she was holding my sister`s hand as she was dying."
Ft. Smith police, who conducted their own internal investigation, cleared the two officers involved in the shooting....they`re now back on the job.
Stewart says his family is upset at how the situation has been handled and they want to see something change.
"To have their explanation to us that it was just and professional was a slap in the face to me and my family."
Although Nixon faces capital murder charges in Stewart`s death, the Stewart family blames the source of the stray bullet.
"Our family faults the police department...we`re going to fight for our sister, she would do the same for us."
Stewart says the family will hold a candlelight vigil at 5 P.M.Sunday in Ft. Smith at the apartments where his sister lost her life.
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