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-Press Release, Office of District Attorney Michael D. Waters
Investigative Summary and Concluding Memorandum in Use of Deadly Force Against David Brooks, Jr.
On the morning of July 24, 2020, Roxboro Police Chief David Hess notified the District Attorney‘s Office an officer with the Roxboro Police Department had discharged his weapon after answering a call for service. David Brooks, Jr., 45 years of age, was killed as the result of a single gunshot wound.
Roxboro Police Chief David Hess asked me to join him in requesting the North Carolina State Bureau of Investigation (SBI) to conduct an independent investigation of the incident. The investigation conducted by the SBI, and the subsequent review by the District Attorney‘s office, was limited to whether the State of North Carolina should bring criminal charges against the officer. The investigation did not concern the separate internal investigation of whether any officers involved followed the correct procedures of the Roxboro Police Department.
After a review of the SBI‘s independent investigation, I determined no charges will be filed against the law enforcement officer for discharging his firearm that resulted in the death of David Brooks, Jr. Before making this decision, my office reviewed all the evidence available to us from the SBI, and carefully examined the relevant law.
911 Call and Communications
On July 24, 2020, Person County Emergency Communications received a 911 call for suspicious activity. Roxboro Police Department dispatched patrol units to the area to investigate. Four officers were on shift. All officers checked en route and were advised the caller stated that there was a black male along the roadway on Old Durham Road near Oxford Road carrying what appeared to be a shotgun or a rifle. The first officer on the scene observed the same and notified other officers en route that he had located the subject of the call, had verified the individual had a weapon and was going to initiate a stop.
Dash Cam and Body Cam Video Recordings
As seen and heard from the in–car video at a timestamp of 1:07.5, the officer pulls onto the northbound shoulder of old Durham Road facing David Brooks, Jr., and can be heard placing the police cruiser in park. At 1:11.4 the officer exits the vehicle and yells “Hey Bro.” At 1:12.5 the officer yells “drop the gun.” At 1:13 the officer chambers a round into his shotgun. At 1:13.3 Mr. Brooks begins raising his gun towards the officer. At 1:15 the officer yells “drop the gun” again. At 1:16 the officer yells “drop the gun” again and fires a single shot.
A video, enhanced by the North Carolina State Crime Lab, shows these events more clearly, including that Mr. Brooks raised his gun, and pointed it at the officer in the seconds before the officer fired the single, fatal shot. The entire encounter, from the time the officer stepped out of the car, to the time the fatal shot was fired, was approximately five seconds. The fatal encounter occurred approximately one minute and ten seconds into the nearly two-hour-long video footage.
Bodycam footage collected from the Person County Sheriff‘s Office from moments after the shooting showed officers and deputies rendering aid to Mr. Brooks, and placing markers and tape to secure the scene for the arrival of the SBI.
Crime Scene and Collected Evidence
Immediately after the shooting, other officers with the Roxboro Police Department and Deputies with the Person County Sheriff‘s Office arrived on scene. While some began rendering medical aid to Mr. Brooks, others redirected traffic and began setting up a secure perimeter. The officer who discharged his weapon returned to his car and placed his shotgun in his patrol car and locked the same. When Chief David Hess arrived, the officer handed his keys to Chief Hess and was transported away. The scene integrity was maintained by the Roxboro Police Department until the SBI arrived and began processing the scene later in the afternoon.
A loaded, .410–gauge, double-barrel shotgun with a fashioned sling was removed from Mr. Brooks prior to first aid being rendered. It was recovered and unloaded by a Roxboro Police Officer and then photographed and turned over to the SBI when agents arrived. The shotgun and two shotshells were submitted to the NC State Crime Lab for analysis. The State Crime Lab concluded that the shotgun stock and barrels had been altered from the original length. The barrel was shortened to 14.72 inches and the overall length was shortened to 24.47 inches overall. The shotgun was operational, and the shotshells were unfired.
Officer and Witness Interviews
SBI agents interviewed all persons known to them with possible knowledge of this incident. Among the persons interviewed was the 911 caller that stated he first encountered an individual in front of the cemetery and asked if he was okay and that the individual responded by shaking his head up and down and tapping his finger on the trigger of what the 911 caller believed to be a sawed-off shotgun. The individual was approximately ten feet away and never pointed the shotgun at the caller.
The first officer on scene was interviewed before the dashcam footage was released or made available to him. He stated he checked en route and answered the call because he was closest to the location. He stated that he turned right off Weeks Drive south onto Old Durham Road, and saw a person fitting the description of the caller walking down the right of way.
The officer stated that as he passed the individual, the dual attempted to “blade himself,” and reduce his profile in what the officer believed to be an attempt to conceal a long gun. The officer further stated he relayed this information to other officers and executed a U–turn at the intersection of Oxford Road and pulled in front of the individual. The officer further stated that he activated his blue lights and placed his car in park before stepping out. The officer reached for his shotgun because the individual was carrying what the officer believed to be a shotgun or rifle, and that as he stepped out of the car, he yelled to drop the gun. The officer placed a shell in the chamber of the shotgun and yelled to drop the gun again.
The officer stated he could see the individual’s left hand on the foregrip of the gun, and his hand was at the pistol grip section of the stock as he began to raise the gun. The officer believed the individual was going to fire and so he fired a single shot. The officer stated he ran to the individual to secure the weapon. At that time, he recognized the individual as David Brooks, Jr.
The officer stated that he had two previous professional encounters with David Brooks, Jr. The first, several years ago, when Mr. Brooks was arrested on a misdemeanor traffic violation. He stated that Mr. Brooks was polite, and the encounter uneventful. Most recently the officer encountered Mr. Brooks at his home while investigating an assault by pointing a gun call at a nearby apartment complex. The officer said that Mr. Brooks appeared to be having a mental health crisis and that the weapon was secured and placed into evidence, and Mr. Brooks was transported to the hospital for treatment. Mr. Brooks was not charged.
Autopsy
An autopsy of the body of David Brooks, Jr. was completed on July 25, 2020. An agent with the SBI attended the autopsy and interviewed the pathologist at the conclusion. The pathologist concluded the deceased had seven shotgun pellets enter the left side of his chest and one on the right side of his chest near his shoulder. The pathologist indicated the pellets that entered his chest were consistent with one shot, traveling front to back, left to right and slightly downward. Mr. Brooks did not have any other injuries besides this single gunshot wound to his chest.
Applicable Law and Analysis
Officers are routinely instructed to only use deadly force as a measure of last resort. The law authorizes an officer to take pre–emptive action and use deadly force to prevent death or serious injury to himself or others. The same legal standards apply to officers as to ordinary citizens. Officers do not lose their right to self–defense by becoming officers. In fact, they are more likely to be placed in situations where they would confront potentially dangerous people in dangerous situations. However, the use of deadly force must be reasonable.
North Carolina General Statute 15A–401 provides that an officer may use deadly force to defend himself from what he reasonably believes to be the imminent use of deadly physical force. As the North Carolina Supreme Court has observed, the calculus of reasonableness must allow for the fact that police officers are often forced to make split–second judgments in circumstances that are tense, uncertain, and rapidly evolving.
Likewise, Federal Court decisions have established that the use of deadly force is reasonable where there is an imminent threat of serious injury or death. In determining whether the officer faced an imminent threat, the United States Supreme Court has stated that reasonableness should be gauged from the perspective of an officer on the scene and should not use the 20/20 vision of hindsight. Graham v. Connor, 490 U.S. 386, 396 (1989).
Furthermore, the Court explained that “[t]he calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split–second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” Id. At 396–97.
Based on the facts and applying applicable law, it is the conclusion of the District Attorney that the officer reasonably believed that his life was endangered when he shot David Brooks, Jr., and therefore the use of deadly force was lawful.
New Hope Mini Mart Armed Robbery Suspect Apprehended
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Press Release and photo, Vance County Sheriff’s Office
On September 7, 2020, the Vance County 911 Center received a call for service regarding an armed robbery that had just occurred at the New Hope Mini Mart located on NC Hwy 39 North at the intersection of Morgan Road. The incident occurred at approximately 7:35 a.m.
An unknown black male entered the store and approached the counter, at which time the suspect produced a handgun and demanded money. The clerk provided the suspect with an undisclosed amount of US currency, at which time the suspect fled the area on foot and was last seen running towards Morgan Road.
Through investigative techniques, the suspect was later identified as Dequarius Johnson of Louisburg, NC. Warrants were obtained for the arrest of Johnson for Robbery with a Dangerous Weapon.
Members of the Franklin County Sheriff’s Office located Johnson in the early morning hours of September 9, 2020, at which time he was arrested without incident.
Johnson has been placed in the Vance County Jail pending his ability to secure a bond in the amount of $70,000 secured.
Dequarius Johnson of Louisburg, NC
NC House Rep. Terry Garrison Provides Updates on COVID-19 Relief Bill
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Information courtesy NC House Rep. Terry Garrison’s Sept. 2020 Newsletter
Terry Garrison, North Carolina House Representative for District 32, has released his latest update from the NC General Assembly.
In his September 2020 newsletter, Garrison said the North Carolina General Assembly recently approved its final round of COVID-19 relief for the year (HB 1105) unless additional funding is appropriated by the federal government.
According to Garrison, items missing from the bill include Medicaid expansion, pay increases/bonuses for teachers and public school employees, “significant” investment in public schools, small business assistant, long-term unemployment solutions and “significant” assistance to local governments.
Vance Co. Schools Seeks Donations for Elementary Arts & Rec Kits
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-Information courtesy Vance County Schools
The Vance County Public School Foundation and Vance County Schools are creating Arts & Rec Kits for elementary school students.
With 2,500 elementary school students in the district, VCS is seeking donations from businesses, churches and organizations to make these kits possible. Even if you only have 25 of an item, every little bit will help. Kits will not be identical, but they will make a difference.
Donations can include items such as stress balls, hacky sacks, small squishy balls, colored pencils, crayons, markers, jump ropes, frisbees, construction paper, glue sticks, drawstring bags and water bottles.
If you can assist, please contact Aarika Sandlin at (252) 492-2127 or email asandlin@vcs.k12.nc.us.
Donations may be dropped off at 1724 Graham Avenue in Henderson by September 25.
To make a monetary donation to this project, please make checks payable to Vance County Public School Foundation, PO Box 2956 Henderson, NC 27536. In the Memo Line, please write Arts & Rec Project.
Oxford City Council to Hold Community Development Block Grant Public Hearing
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Information courtesy the City of Oxford
Public Hearing Notice: Community Development Block Grant
The City of Oxford City Council will hold a public hearing on Wednesday, September 16, 2020, at 8:45 a.m. via Zoom.
The purpose of this hearing is to receive citizen comments about possible Community Development Block Grant (CDBG) applications that may be submitted by the City to the North Carolina Department of Environmental Quality (DEQ) – Division of Water Infrastructure (DWI) and/or the North Carolina Department of Commerce – Rural Development Division (RDD).
All interested persons are invited to attend this hearing. Persons with disabilities, non-English speaking persons or those needing special assistance should contact City Hall at (919) 603-1100 at least 48 hours prior to the hearing, or the North Carolina Relay Number for the Deaf (1-800-735-2962) or Relay NC-711.
To Join the Meeting:
https://us02web.zoom.us/j/85639304138?pwd=RFhjNzhCaDgzakk4L3VjUEh2c0NPdz09#success
Meeting ID: 85639304138
Passcode: 659249
Dial by your location
929-205-6099
VGCC Reports Increase in Credit Hour Enrollment
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Press Release, Vance-Granville Community College
The fall semester recently began at Vance-Granville Community College, and officials see positive signs regarding enrollment.
Early data shows an approximate 4 percent increase in the total number of credit hours that students are taking — typically known as Full-Time Equivalent (FTE) enrollment — compared to the same point in 2019. The FTE measurement is important in calculating state funding for each North Carolina community college.
“Thanks to the work of our dedicated, innovative faculty and staff, VGCC continues to move forward, even in the face of the COVID-19 pandemic,” said Dr. Rachel Desmarais, college president. “Students are responding positively to how we provide education and training in a way that is affordable, accessible and safe.”
When looking at student headcount, the college has taken a slight dip in comparison to this time last year. However, college leaders are encouraged that students are taking more courses. “We are excited that our students are taking more classes than they did last year this time at Vance-Granville. This should translate into students completing their credentials and degrees at an accelerated pace,” said Dr. Levy Brown, VGCC’s vice president of learning, student engagement and success. “We are pleased to be able to provide quality instruction, academic support, student engagement opportunities, and support services to our students, as most of them are taking online courses with us at VGCC.”
The college invites students from Vance, Granville, Franklin and Warren counties and the surrounding region to take advantage of the second 8-week courses that begin on October 14 and end on December 15, 2020. These include general education classes that students can take as part of the College Transfer program, as well as classes required for degrees in fields such as Bioprocess Technology, Business Administration, Criminal Justice, Early Childhood Education, and Medical Office Administration.
Most courses are being offered in an online format, while some are in a hybrid format that combines online learning with an on-campus component.
VGCC has campuses in Vance, Granville, Franklin and Warren counties. For more information on enrollment, visit www.vgcc.edu.
Town Talk 09/09/20: 79+ Acre Landfill Proposed in Kittrell; Public Hearing Sept. 10
/by Kelly Bondurant100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
The Vance County Board of Adjustment will hold a public hearing on Thursday, September 10, 2020, in regards to a request by K&K Organics, LLC for a Land Clearing and Inert Debris Landfill (LCID) in Kittrell. The proposed landfill location includes 79+ acres at the intersection of US Hwy 1 and Egypt Mountain Road.
The meeting, a continuation from August 13, will be held at 4 p.m. in the Board of Commissioner’s Meeting Room of the Vance County Administration Building, 122 Young Street, Henderson. Proceedings will include comments from planning staff, the applicant, witnesses and opponents.
Vance County Manager Jordan McMillen said LCIDs generally accept concrete, non-painted brick, block, uncontaminated soil, gravel, rock, land clearing waste and vegetative materials. Items not accepted include construction debris, solid waste or trash. LCIDs are governed by state regulations and require a zoning permit or a conditional use permit to operate in Vance County.
Hearing
Jillian Howell, master of environmental management and Pamlico-Tar Riverkeeper with Sound Rivers, Inc., was on WIZS’ Town Talk Wednesday to discuss her involvement in the case.
Sound Rivers, Inc. is an environmental non-profit agency dedicated to protecting, monitoring and preserving the Tar, Pamlico and Neuse River basins. Howell explained that her focus is addressing any source of pollution that could negatively impact water quality in the Tar and Pamlico, as well as the smaller creeks and streams that feed into those rivers.
“I received a call in early August from adjacent landowners [to the proposed landfill]. They had received letters in the mail about a Board of Adjustment hearing concerning a proposed landfill next to them,” said Howell. “While there are only a handful of property owners adjacent to the proposed landfill, there are more residents close by on Egypt Mountain Road. The requirements are they only have to notify the adjacent landowners of these proceedings.”
Howell said residents in the nearby vicinity have expressed concerns related to increased traffic, decreased property values and potential negative impacts on water quality.
“My biggest concern is there is a proposed landfill on the same property where a stream runs: Long Creek. It has associated wetlands and flood plains and runs north to south through the proposed landfill site,” explained Howell.
While not considered as dangerous to the environment or public health as a hazardous waste or municipal solid waste landfill, LCIDs can present an issue with erosion and sediment runoff, according to Howell. In this case, Howell said she is concerned runoff from land cleared to create the landfill and from land debris brought to the landfill would negatively affect Long Creek and the adjoining Tabbs Creek.
Attorney Tom Terrell, legal representative for K&K Organics, LLC, also joined the Town Talk discussion. Involved in more than 40 landfill cases in his career, Terrell said he is well aware of the stigma of the facilities.
“The word ‘landfill’ evokes a very quick emotional response from people. They immediately think of old-style landfills – pre-regulated landfills that were mountains of soup cans, dirty diapers and pizza boxes. They don’t exist anymore; they haven’t existed for 40 years,” said Terrell.
Looking at the proposed area, Terrell said the landfill would fit in with its surroundings. “If you look on the aerial, within a stone’s throw of this facility is a rock quarry, and a transmission line goes through the site. It’s adjacent to US-1 and literally abuts a junkyard. This is a sparsely populated area, and it’s an ideal location being right there on the highway.”
Although 79+ acres are indicated on the permit, Terrell said the maximum area of disposal would be closer to 40 acres. “Once you start going through permitting, that only shrinks; it does not grow. In fact, it cannot grow because we define the outer limits in the conditional use application. It would probably be shrunk down to one-third of the site, and then it would be filled in over decades, not over a period of months.”
Addressing environmental and public health concerns, Terrell said the State of NC heavily regulates all such facilities to include extensive environmental review, erosion and sediment control plans and required buffers.
“If you want to grow [as a community], you have to have a place to put land clearing and inert debris,” said Terrell. “You do it responsibly and in a place that makes sense. Everybody wants you to find a place that is two miles from anyone’s residence. The fact is, those places don’t exist. So, you have to find the best place you can, and K&K Organics, Inc. has found one of the best I’ve ever seen.”
To hear the interview in its entirety, go to WIZS.com and click on Town Talk.
Use of Deadly Force in Death of David Brooks, Jr. Deemed Lawful
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Press Release, Office of District Attorney Michael D. Waters
Investigative Summary and Concluding Memorandum in Use of Deadly Force Against David Brooks, Jr.
On the morning of July 24, 2020, Roxboro Police Chief David Hess notified the District Attorney‘s Office an officer with the Roxboro Police Department had discharged his weapon after answering a call for service. David Brooks, Jr., 45 years of age, was killed as the result of a single gunshot wound.
Roxboro Police Chief David Hess asked me to join him in requesting the North Carolina State Bureau of Investigation (SBI) to conduct an independent investigation of the incident. The investigation conducted by the SBI, and the subsequent review by the District Attorney‘s office, was limited to whether the State of North Carolina should bring criminal charges against the officer. The investigation did not concern the separate internal investigation of whether any officers involved followed the correct procedures of the Roxboro Police Department.
After a review of the SBI‘s independent investigation, I determined no charges will be filed against the law enforcement officer for discharging his firearm that resulted in the death of David Brooks, Jr. Before making this decision, my office reviewed all the evidence available to us from the SBI, and carefully examined the relevant law.
911 Call and Communications
On July 24, 2020, Person County Emergency Communications received a 911 call for suspicious activity. Roxboro Police Department dispatched patrol units to the area to investigate. Four officers were on shift. All officers checked en route and were advised the caller stated that there was a black male along the roadway on Old Durham Road near Oxford Road carrying what appeared to be a shotgun or a rifle. The first officer on the scene observed the same and notified other officers en route that he had located the subject of the call, had verified the individual had a weapon and was going to initiate a stop.
Dash Cam and Body Cam Video Recordings
As seen and heard from the in–car video at a timestamp of 1:07.5, the officer pulls onto the northbound shoulder of old Durham Road facing David Brooks, Jr., and can be heard placing the police cruiser in park. At 1:11.4 the officer exits the vehicle and yells “Hey Bro.” At 1:12.5 the officer yells “drop the gun.” At 1:13 the officer chambers a round into his shotgun. At 1:13.3 Mr. Brooks begins raising his gun towards the officer. At 1:15 the officer yells “drop the gun” again. At 1:16 the officer yells “drop the gun” again and fires a single shot.
A video, enhanced by the North Carolina State Crime Lab, shows these events more clearly, including that Mr. Brooks raised his gun, and pointed it at the officer in the seconds before the officer fired the single, fatal shot. The entire encounter, from the time the officer stepped out of the car, to the time the fatal shot was fired, was approximately five seconds. The fatal encounter occurred approximately one minute and ten seconds into the nearly two-hour-long video footage.
Bodycam footage collected from the Person County Sheriff‘s Office from moments after the shooting showed officers and deputies rendering aid to Mr. Brooks, and placing markers and tape to secure the scene for the arrival of the SBI.
Crime Scene and Collected Evidence
Immediately after the shooting, other officers with the Roxboro Police Department and Deputies with the Person County Sheriff‘s Office arrived on scene. While some began rendering medical aid to Mr. Brooks, others redirected traffic and began setting up a secure perimeter. The officer who discharged his weapon returned to his car and placed his shotgun in his patrol car and locked the same. When Chief David Hess arrived, the officer handed his keys to Chief Hess and was transported away. The scene integrity was maintained by the Roxboro Police Department until the SBI arrived and began processing the scene later in the afternoon.
A loaded, .410–gauge, double-barrel shotgun with a fashioned sling was removed from Mr. Brooks prior to first aid being rendered. It was recovered and unloaded by a Roxboro Police Officer and then photographed and turned over to the SBI when agents arrived. The shotgun and two shotshells were submitted to the NC State Crime Lab for analysis. The State Crime Lab concluded that the shotgun stock and barrels had been altered from the original length. The barrel was shortened to 14.72 inches and the overall length was shortened to 24.47 inches overall. The shotgun was operational, and the shotshells were unfired.
Officer and Witness Interviews
SBI agents interviewed all persons known to them with possible knowledge of this incident. Among the persons interviewed was the 911 caller that stated he first encountered an individual in front of the cemetery and asked if he was okay and that the individual responded by shaking his head up and down and tapping his finger on the trigger of what the 911 caller believed to be a sawed-off shotgun. The individual was approximately ten feet away and never pointed the shotgun at the caller.
The first officer on scene was interviewed before the dashcam footage was released or made available to him. He stated he checked en route and answered the call because he was closest to the location. He stated that he turned right off Weeks Drive south onto Old Durham Road, and saw a person fitting the description of the caller walking down the right of way.
The officer stated that as he passed the individual, the dual attempted to “blade himself,” and reduce his profile in what the officer believed to be an attempt to conceal a long gun. The officer further stated he relayed this information to other officers and executed a U–turn at the intersection of Oxford Road and pulled in front of the individual. The officer further stated that he activated his blue lights and placed his car in park before stepping out. The officer reached for his shotgun because the individual was carrying what the officer believed to be a shotgun or rifle, and that as he stepped out of the car, he yelled to drop the gun. The officer placed a shell in the chamber of the shotgun and yelled to drop the gun again.
The officer stated he could see the individual’s left hand on the foregrip of the gun, and his hand was at the pistol grip section of the stock as he began to raise the gun. The officer believed the individual was going to fire and so he fired a single shot. The officer stated he ran to the individual to secure the weapon. At that time, he recognized the individual as David Brooks, Jr.
The officer stated that he had two previous professional encounters with David Brooks, Jr. The first, several years ago, when Mr. Brooks was arrested on a misdemeanor traffic violation. He stated that Mr. Brooks was polite, and the encounter uneventful. Most recently the officer encountered Mr. Brooks at his home while investigating an assault by pointing a gun call at a nearby apartment complex. The officer said that Mr. Brooks appeared to be having a mental health crisis and that the weapon was secured and placed into evidence, and Mr. Brooks was transported to the hospital for treatment. Mr. Brooks was not charged.
Autopsy
An autopsy of the body of David Brooks, Jr. was completed on July 25, 2020. An agent with the SBI attended the autopsy and interviewed the pathologist at the conclusion. The pathologist concluded the deceased had seven shotgun pellets enter the left side of his chest and one on the right side of his chest near his shoulder. The pathologist indicated the pellets that entered his chest were consistent with one shot, traveling front to back, left to right and slightly downward. Mr. Brooks did not have any other injuries besides this single gunshot wound to his chest.
Applicable Law and Analysis
Officers are routinely instructed to only use deadly force as a measure of last resort. The law authorizes an officer to take pre–emptive action and use deadly force to prevent death or serious injury to himself or others. The same legal standards apply to officers as to ordinary citizens. Officers do not lose their right to self–defense by becoming officers. In fact, they are more likely to be placed in situations where they would confront potentially dangerous people in dangerous situations. However, the use of deadly force must be reasonable.
North Carolina General Statute 15A–401 provides that an officer may use deadly force to defend himself from what he reasonably believes to be the imminent use of deadly physical force. As the North Carolina Supreme Court has observed, the calculus of reasonableness must allow for the fact that police officers are often forced to make split–second judgments in circumstances that are tense, uncertain, and rapidly evolving.
Likewise, Federal Court decisions have established that the use of deadly force is reasonable where there is an imminent threat of serious injury or death. In determining whether the officer faced an imminent threat, the United States Supreme Court has stated that reasonableness should be gauged from the perspective of an officer on the scene and should not use the 20/20 vision of hindsight. Graham v. Connor, 490 U.S. 386, 396 (1989).
Furthermore, the Court explained that “[t]he calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split–second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” Id. At 396–97.
Based on the facts and applying applicable law, it is the conclusion of the District Attorney that the officer reasonably believed that his life was endangered when he shot David Brooks, Jr., and therefore the use of deadly force was lawful.
Home and Garden Show 09-08-20 with Wayne Rowland and Paul McKenzie
/by CharleneListen live at 100.1 FM / 1450 AM / or on the live stream at WIZS.com on Tuesday at 4:30 PM.
Local News Audio 9-9-20 Noon
/by John C. Rose– Homicide Suspect Arrested –
– Dr. Jerry Edmonds, VGCC Vice President Appointed to Black Entrepreneurship Council –
– Executive Session of Henderson City Council, Personnel Matter –
– Office Supplies for Vance County Schools Students –
Click Play for Local News Audio and Full Details
Vance Co. Schools Continues Free Meal Boxes Through October
/by WIZS Staff100.1 FM ~ 1450 AM ~ WIZS, Your Community Voice ~ Click to LISTEN LOCAL
-Information courtesy Vance County Schools
Vance County Schools will offer free meal boxes for drive-thru style pick-up every Monday in September and October from 10 a.m. – 3 p.m.
Boxes will be distributed at Vance County Middle School located at 293 Warrenton Road in Henderson.
The weekly meal boxes will contain five breakfasts, five lunches and milk containers.