A Huntsville man who police say took shots from Springdale officers while carrying a toy gun had his trial delayed in Washington County Circuit Court, according to court records.
Rainbow Kilo Rasphoumy’s assault trial was initially scheduled to begin Thursday, but it has been pushed back to Oct. 28 while the suspect’s attorney seeks a mental defect defense, according to court documents.
Public defender Tony Pirani submitted a notice to the Circuit Court in August, stating the defense sought to show Rasphoumy is unfit to stand trial in the case. An order for continuance was filed in court Monday and became public Wednesday.
Rasphoumy was arrested June 12 on suspicion of felony assault, terroristic threatening and resisting arrest. He remains in the Washington County Detention Center on $10,000 bond, according to the Washington County Sheriff’s Office.
Deputy prosecuting attorney Matt Durrett says Rasphoumy could see up to six years in prison and a $10,000 fine for terroristic threatening.
“Its five counts one for, it was my understanding there was five officers there,” he said. “He pointed what appeared to be a real gun at five officers; so therefore, it’s one count for each officer.”
Police said he pointed a toy gun at officers June 12 outside the Walmart Neighborhood Market at 3553 E. Robinson Ave. in Springdale before barricading himself in a van. An officer fired seven shots, with each shot hitting the van, police said.
Earlier that day, police said Rasphoumy’s niece called and said he had been outside her home for about an hour. She said the man had mental problems and often bothers her, according to a 911 call.
Police said she provided a description of his van, which officers later tried to stop at Robinson Avenue and Butterfield Coach Road, authorities said. Police said he pulled into the Walmart parking lot.
Rasphoumy got out of the van at the officer’s request, according to a police report, but soon became uncooperative and got back in the vehicle.
Police said he grabbed an object similar to a flute and raised it above his hands as if he were going to hit the officers. The police report states Rasphoumy attempted to kick the officers, and they used a Taser on him, but that did not stop him.
Rasphoumy pulled what appeared to be a handgun on them, police said. Officers attempted take cover, but while on the move, one officer fired seven shots at the van, the report states.
Rasphoumy was not hit. He barricaded himself in the van, eyewitnesses said. No one else was in the van, police said.
Rasphoumy was taken into custody about 9 a.m. after talking with police negotiators, authorities said.
Investigators told 5NEWS they recovered a black plastic toy gun that resembled a snub-nose revolver, three chickens, two ducks and three parakeets from the van. The birds were all alive, officials said.
Investigators later recovered a loaded .40 caliber semi-automatic handgun, an ax and other weapons from the van, according to police.
No injuries were reported.
The officer who fired the shots was placed on administrative leave after the shooting, as per protocol, but returned to work a couple weeks later.