July 16, 2008

 The Charlotte-Mecklenburg Police Department's Chain of Command Review Board has completed its administrative investigation into the incident where Officer J.S. Curlee discharged her firearm on May 6, 2008.  The shooting in this incident occurred after Officer J.S. Curlee responded to a request from an ABC officer for a back up at 1920 Central Avenue at approximately 6:25 p.m.

After a thorough review of the evidence, the Board determined that the shooting was not justified.  On July 14, 2008, Officer J.S. Curlee's employment with the Charlotte – Mecklenburg Police Department was terminated. Officer Curlee was a probationary police officer who graduated from the Police Academy in November 2007.

The Department's Chain of Command Review Board includes members of the officer's chain of command, Internal Affairs and an outside civilian participant from the Community Relations Committee. Their charge is to review all available evidence and interview appropriate witnesses to determine whether any departmental policies were violated. While North Carolina law prohibits the release of the results of the internal review, Police Chief Rodney Monroe is releasing the following information from the Criminal Investigations file. Chief Monroe will continue to release as much information as possible about cases of public interest so long as it does not interfere with an on-going investigation or violate the law. 

• On May 6, 2008 at 6:25 p.m., Mecklenburg County ABC Officer Frank Lopez observed an individual, later identified as Guy Manuel Cabral (W/M 6/22/56), drinking beer in a car in the parking lot of the Sam's Mart Shell station at 1920 Central Avenue.
• Officer Lopez placed a call for back up from the CMPD and then approached the vehicle on the passenger side to confront Mr. Cabral.
• Officer Lopez observed the driver, later identified as Brian Jarod Howie (B/M 8/23/78), pass what appeared to be drugs to Mr. Cabral who placed the drugs between the seats.
• Officer Lopez directed both men to keep their hands in sight.
• CMPD Officer Curlee arrived at 6:29 p.m. to assist Officer Lopez and positioned herself on the driver's side of the vehicle. 
• Both officers gave verbal commands for Mr. Howie to remove the keys from the ignition and not start the vehicle. 
• Mr. Howie refused to comply with the verbal commands from either officer.
• Officer Lopez pulled his TASER and continued to request the driver to remove the keys from the ignition and to follow his directions. 
• Officer Curlee pulled her service pistol and fired her weapon when Mr. Howie reached to his right side near the console area.
• Mr. Howie received a serious but non-fatal single gunshot wound to the arm and chest.
• Neither Mr. Cabral nor the officers were injured.
• No weapons were found in the vehicle. Drugs were recovered.

Under the law and pursuant to CMPD directives, officers may use deadly force: (1) when it is reasonably necessary to defend him or herself from what the officer reasonably believes to be the use or imminent use of deadly physical force; or (2) to effect an arrest or prevent the escape from custody of a person who, the officer reasonably believes, is attempting to escape by means of a deadly weapon; or (3) to effect an arrest or prevent the escape from custody of a person who, by his or her conduct or any other means, indicates that he or she presents an imminent threat of death or serious physical injury to others unless apprehended without delay.