News & Observer | newsobserver.com | Report: Fatal shot first hit door

Published: Dec 07, 2006 12:30 AM
Modified: Dec 07, 2006 05:42 AM

Report: Fatal shot first hit door

Sheriff says he will act if the shooting of Peyton Strickland, an unarmed robbery suspect, is found to be unjustified

 

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WILMINGTON - New Hanover County Sheriff Sid Causey said Wednesday that he doesn't know yet whether three deputies followed proper procedures when they shot and killed Peyton Strickland, a Cape Fear Community College student from Durham.

Causey added that he did not know why the deputies shot or who fired the fatal shots, because the State Bureau of Investigation has not completed its review.

The bullet that struck Strickland in the head and killed him was likely fired through his front door, according to the pathologist who performed an autopsy.

Charles L. Garrett of the state medical examiner's office in Jacksonville said the fatal bullet struck Strickland in the head sideways.

Garrett said that suggests the bullet penetrated another object before hitting the young man. Investigators told Garrett that the front door of Strickland's rental home had been pierced by bullets.

Causey said he didn't know whether the door was shut, partly open or fully open when the deputies fired. But he said they knocked and announced their presence first.

"Whatever the facts are, I'll handle it appropriately, good or bad," Causey told The News & Observer in an interview Wednesday.

The sheriff, a 36-year veteran of law enforcement who was just re-elected to a second term, said he's ultimately responsible for what occurred.

"If it was something wrong, I want to know about it, and I'll handle it fairly," he said. "I'll take whatever action is necessary, whether I like it or not."

Three officers named

For the first time, Causey identified the three officers who fired, all of whom are on paid leave while the SBI looks into the shooting. Detective Larry Robinson, 34; Sgt. Greg Johnson, 39; and Cpl. Christopher Long, 34, have moved their families out of the county because of safety concerns, Causey said.

One or more of them shot Strickland in the head and chest Friday as he stood in the foyer of the home he and his roommates were renting on Long Leaf Acres Drive in Wilmington. They also shot and killed Strickland's German shepherd, Blaze.

Strickland, 18, was suspected of taking part in the assault and robbery of an Apex teen. His funeral was held Wednesday in Durham.

2 other suspects

Braden Riley, 21, a roommate of Strickland from Apex, and Ryan David Mills, 20, from Durham, face robbery and assault charges in connection with the theft of two Sony PlayStation 3 video game machines from Justin Raines, a UNC-Wilmington freshman from Apex.

Concerned that at least Mills might be armed and at the rented house, UNCW campus police relied on help from the Emergency Response Team -- an elite, highly trained and heavily armed unit -- to secure the house so they could make the arrest.

State law is clear: Law enforcement authorities can shoot to kill when they reasonably believe they or someone else is in immediate mortal danger.

A New Hanover Sheriff's Office policy backs that up.

The office's Standard Operating Procedures manual spells out the rules in two general orders -- one on arrests and the use of force generally, and the other on the conduct of the Emergency Response Team.

What the rules say

One rule for the special team says its job is to contain and apprehend suspects except in the event of an "active shooter," in which case they are to "neutralize the threat."

Under the department's general rules, deputies are justified in using deadly force:

* To defend themselves or someone else against an imminent deadly threat;

* To arrest or prevent the escape of someone the deputy believes is using a deadly weapon to try to get away;

* To stop someone who appears to present an imminent threat of death or serious physical injury to others unless he is apprehended immediately.

Strickland was unarmed when he was shot, but a housemate said Strickland might have been carrying a video game controller.

Troubling photos

In addition, campus police had found Internet photos of Mills posing with guns, according to a search warrant, and after the shooting, Causey said officers expected the search and arrest at the rented home to be "high risk."

A rule for the special team of highly armed deputies states:

"The Emergency Response Team operations concept is CONTAINMENT AND APPREHENSION except in the case of [an] ACTIVE SHOOTER, in which case the operations concept is SEEK OUT AND NEUTRALIZE THE THREAT. This involves establishing a perimeter, necessary evacuation, communications and tactics to peacefully apprehend violators."

Once the SBI delivers its initial report to District Attorney Ben David -- probably in a few days -- he'll share the findings with Causey, the sheriff said.

The Sheriff's Office will conduct its own Internal Affairs investigation, Causey said, and a separate standing "Shooting Team" will report to him on the firing of weapons that night.

"It's been tough for everybody, especially the people who were there," he said. "They're worried, and they're sad and upset. I would say the general feeling throughout the Sheriff's Office is worry about the unknown."

(Staff writer Mandy Locke contributed to this report.)

Staff writer Matthew Eisley can be reached at 829-4538 or meisley@newsobserver.com.

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Staff writer Mandy Locke contributed to this report.

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