January 31, 2008

The Charlotte-Mecklenburg Police Department (CMPD) received notice from District Attorney Peter Gilchrist today of his decision in the November 4, 2007 officer-involved shooting that resulted in the death of Laquan Brown (DOB 1-29-1991). According to District Attorney's statement:

 In making a decision as to whether to charge Officer Wheaton in this case, the District Attorney's Office has considered all of the…facts as well as the law of self-defense.

 The only eyewitness to this shooting is Officer [Jeffrey] Wheaton. The physical evidence corroborates what he told detectives. Officer Wheaton believed that his life was in danger and fired in self-defense.  It is the State's burden in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self-defense.  The State can not meet that burden in this case, as it appears from all the credible evidence that Mr. Brown was armed and Officer Wheaton feared for his life.

"Everyone understands police officers often risk their lives in the course of performing their jobs and any loss of life is tragic," said Police Chief Darrel Stephens. "Officers Carey and Wheaton used their training and experience to respond to a very tense and dangerous situation with professionalism," he added.

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. 

Event Chronology

• Officers Carey and Wheaton were both on duty in the early morning hours of November 4, 2007 when they answered a 1:15 a.m. call for service about an armed robbery in progress at the Casa De Lago apartments off Albemarle Road.    
• When they arrived, the officers did not see the reported group of Hispanic males. 
• As they continued to patrol the parking lot, they saw a young black male, later identified as Laquan Brown, running on the sidewalk near one of the apartment buildings.
• Officer Wheaton exited the patrol car and began a foot pursuit while Officer Carey followed in the vehicle.
• Mr. Brown had reached the end of the sidewalk and he turned right, hit a dead end, and turned around, headed back toward Officer Wheaton.
• Officer Wheaton lost sight of him when Mr. Brown turned the corner of another building.
• Officer Wheaton then saw Mr. Brown crouched near the stairs in a stairwell.
• Officer Wheaton saw a gun in Mr. Brown's hand and the officer took his service weapon out of its holster.
• When Mr. Brown began to run again, Officer Wheaton pursued, yelled commands to stop and identified himself as a police officer.
• Officer Carey joined in the foot pursuit and also yelled commands to stop and identified himself as a police officer.
• Residents report hearing commands to stop.
• Officer Carey saw Mr. Brown slow down as he turned right at a dumpster and head into the parking lot.
• Officer Wheaton ran into the parking lot in an attempt to cut off Mr. Brown. 
• Officer Wheaton describes Mr. Brown coming between two cars in the parking lot when he saw Mr. Brown's arm raise with a gun pointed at him.
• Officer Wheaton fired two shots, striking Mr. Brown once.
• Evidence suggests it was the second bullet that struck Mr. Brown as he was turning away from the first shot.
• The autopsy revealed the bullet entered Mr. Brown's lower left back and traveled through his abdomen to his chest.
• The second bullet was discovered lying on the ground adjacent to the vehicle it struck and was recovered.
• Crime scene investigators found a screwdriver in Mr. Brown's pocket, a cell phone near Mr. Brown's hand and a 40 caliber gun near the dumpster approximately 20 feet from Mr. Brown's body.       
• Mr. Brown's DNA was found on the gun and his fingerprints were found on the magazine inside the gun.
• Ballistics testing linked the gun recovered from the scene to two open felony cases involving discharging of a weapon.
• The gun had been reported stolen in an April 27, 2006 larceny from a vehicle at 200 Sycamore Drive.
• Mr. Brown's DNA also was found on the door handle of a vehicle in the parking lot that had been broken in to
• After completing its investigation, the CMPD turned the case over to the District Attorney for a decision on criminal charges. 

Officers Wheaton and Carey are assigned to the Eastway Division. Officer Carey was hired December 2, 1998 and Officer Wheaton was hired July 31, 2002. The Department is conducting a separate internal investigation to determine whether all applicable departmental policies were followed.