Wilmington, NC – District Attorney Ben David says criminal charges will not be filed against Wilmington Police officers involved in the April 5th shooting death of Phillipe McIver.
The State Bureau of Investigation says just before the shooting, McIver was fighting with several young men and witnesses described him as acting strange. He then made his way to Princess Place Drive where police found him.
Video from the patrol car shows McIver firing shots after wrestling a gun away from an officer and was moving toward the second officer when McIver was shot and killed. Gunshot residue was also found on McIver's hands.
David says the decision not to press charges is based on physical evidence, video and testimony from witnesses.
Let me say in the strongest terms possible that the shooting of Mr. McIver while unfortunate, was entirely justified and an appropriate response to his violent and criminal behavior.
David says while toxicology report is still out, testimony from witnesses suggests that drug use may have been involved.
Wilmington Police Chief Ralph Evangelous calls the shooting a sad turn of events. But he says his officers did what they had to do.
You can Monday morning quarterback and what if' everything to death, alright? I mean you can what if' everything. Based on the circumstances that happened there, unfortunate as it is, it's what occurred.
Evangelous says the two officers involved will return to work in the next several days.
The Family Calls for Peace
At Monday's press conference, Felicia McIver said she was happy with the investigation's process and emphasized that she would not give permission to release any videotapes of the shooting. Afterward, McIver asked the public and the media to respect her privacy.
But I just want you all to deal with it, deal with it, let it go on and just pray, just keep on praying, just come together. Just leave it alone, we're going to be just fine.
Bishop James Utley of the Love Center Church stood next to McIver at the press conference. He says that while the findings did not answer all of his questions, this is a time of closure for the family.
He says the Ministerial Alliance has been in close contact with Wilmington Police, trying to relay their findings back to the black community.
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