Harvey Loosey, 49, of Calico Rock and his girlfriend, Patricia Sutterfield, 43, were taken into custody after the 10 p.m. shooting on Iuka Road, off Highway 5, north of Calico Rock.
A 911 call from Sutterfield sent Izard County Sheriff's Deputies to the shooting scene, where Joshua Loosey, 30, was found near a wooded area with a gunshot wound to the neck. He was pronounced dead at the scene.
After a police investigation that continued through the night, Loosey was charged on Friday afternoon, Dec. 11, with First Degree Murder. He is being held in the Izard County Detention Facility in lieu of $500,000 bond.
A court affidavit seeking Loosey's arrest, filed by Arkansas State Police Special Agent Todd Shaw, provides new details about the shooting.
At the time Loosey was taken into custody, Sheriff Tate Lawrence said, "a long running family dispute apparently led to the shooting."
The shooting occurred on land between two homes, one occupied by Harvey Loosey, and another where Joshua Loosey lived.
In an interview with investigators, Harvey Loosey said there had been an ongoing family dispute over land, and he had had a frightening encounter with Joshua Loosey as he left a woods several days before the shooting.
The court affidavit says, "Harvey stated that during he encounter, Joshua had fired a rifle out the window of his truck," and he believed Joshua would have shot him had he not been with a friend."
On Jan. 10, before the shooting, Loosey said he and Sutterfield left their home to look for a motorcycle and truck that had been driving around near the home. They failed to locate the vehicles and, while returning home on a back route, they came upon Joshua Loosey, who was parked along the road.
According to Loosey, when he stopped to talk to Joshua, Joshua fired his rifle into the air several times and, as Loosey drove off, his nephew fired a shot at his vehicle.
Harvey claimed a discovery made as he arrived back at his property caused him to go back.
According to the affidavit, "Harvey stated that he came to the gate leading onto his property and found the lock to be damaged and inoperable from apparent gunfire. Harvey added that he had used the lock earlier in the day and it was undamaged. Harvey stated he turned the vehicle around and told Patricia to drive out."
It goes on to describe Harvey's claim that he got in the back of the truck with his rifle so he "could protect them was they drove out."
While Loosey could have taken a different route, he traveled the same road where he had seen Joshua, and violence apparently quickly resulted as he approached his nephew a second time..
"Harvey stated he saw Joshua smile and raise his rifle as if he was going to shoot.
Loosey said he then fired at Joshua," the affidavit continued.
In an interview with police, Pam Sutterfield gave much the same description of the shooting incident as Loosey did. She, however, said Loosey was in the passenger seat of his truck, not in the truck bed, with his gun between them, as they drove back toward Joshua. Sutterfield added that, when they reached Joshua, he brought his weapon to his shoulder and pointed it at them, firing his rifle at the same time Harvey fired.
In a second interview, Sutterfield changed her story. According to the affidavit, "Patricia stated that, when he was shot, Joshua was not attempting to shoulder the rifle, was not looking at them, nor did he fire a shot at them."
Investigators confirmed that by finding only one 22-caliber shell casing at the crime scene, not numerous rounds Loosey and Sutterfield had reported were fired that evening. In addition, a correctional officer at the North Central Unit prison, which is near the shooting scene, reported hearing one gun shot followed by a loud scream.
In his affidavit for arrest, Special Agent Shaw noted that Sutterfield used her cell phone to report the shooting, but no call for help was made when Joshua had allegedly fired his weapon at them in their meeting before the shooting. In addition, Shaw indicates, the way Loosey's truck was positioned, its bright lights were likely blinding Joshua at the time he was shot, all factors in the decision to charge Loosey with First Degree Murder.
Sutterfield was released on Jan. 11 and no charges have been filed against her.