Probation Denied for West Memphis Cops Involved in Shooting

MEMPHIS, TN - Prosecutors have denied probation for a second time for two Arkansas police officers involved in a fatal shooting in Memphis.

The officers from West Memphis, AR are accused of reckless homicide in the death of a woman who was killed in 2004 when police fired into a car they had chased into Memphis.

A Memphis judge ordered prosecutors to offer the officers a form of probation called pretrial diversion, but an appeals court later gave the state more leeway in making such a decision.

Prosecutors say a further review of the incident led to the denial of diversion for two of the three officers involved in the shooting.

If a judge upholds that decision, officers Tony Galtelli and John Gardner could still face prosecution in the death of 44-year-old Kelly Anne Allen.

A defense lawyer contends that would violate the officers' constitutional protections against double jeopardy.

(Copyright 2008 by The Associated Press.  All Rights Reserved.)