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Suspects in Custody, Investigation into Shooting Under Way


February 27, 2008

Charlotte-Mecklenburg Police Department's SWAT unit successfully took an armed man and other individuals into custody following warrant service early this morning at a house at 9816 Langston Mill Road in North Charlotte.

SWAT served the warrant for the arrest of Rafael Wilfredo Rivas at approximately 5:30 A.M. Wednesday, February 27, 2008 as part of an ongoing joint investigation between CMPD, Immigration and Customs Enforcement (ICE) and the North Carolina Department of Motor Vehicles.  Advance intelligence indicated there were numerous weapons in the home in which Rivas was residing.

Gilberto Rivas, the brother of the primary suspect, fired at officers after they made entry in the house. One officer sustained minor injuries. An officer returned fire, striking Mr. Rivas. He was transported to Carolinas Medical Center where he is being treated for critical injuries. Gilberto Rivas has five counts of attempted murder and six counts of assault with a firearm on a law enforcement officer pending his release from the hospital. 

Rafael Rivas was arrested and charged with the initial crimes that were the subject of the warrant (Alter Title and Fraudulent Application for Title). He also faces charges for Possession of a Weapon of Mass Destruction (a 7.62-calibre assault rifle). He is being held in the Mecklenburg County Jail. He is from El Salvador and in the country illegally.

ICE agents have confirmed that 11 of the 12 individuals detained for questioning are in the country illegally. Please direct any questions regarding federal charges or immigration issues to ICE.

As is standard procedure with officer-involved shootings, Homicide detectives are conducting the criminal investigation and will present the results to the Mecklenburg County District Attorney. Internal Affairs is conducting a separate, parallel internal investigation. A Shooting Review Board, made up the officer's chain of command, Internal Affairs and an outside civilian participant from the Community Relations Committee, will review all available evidence and interview appropriate witnesses to determine whether all departmental policies were followed.