Johnston County deputy cleared in 2024 fatal shooting outside Clayton hospital
A Johnston County sheriff’s deputy acted reasonably when he shot and killed a man outside a hospital in Clayton last summer and will not be charged with a crime, the county district attorney announced Friday.
Deputy Jonathon Lee feared for his life as he and José Luis Rincón López struggled for control of Lee’s gun outside UNC Health Johnston hospital, DA Susan Doyle wrote. Lee prevailed and “began firing toward” Rincón López who was pronounced dead a short time later.
“Officers often must make split-second decisions regarding their use of force,” Doyle wrote. “Under the circumstances observed by Officer Lee, his use of deadly force was both reasonable and warranted. As a result, no criminal charges will be filed related to this incident.”
Doyle outlined what the N.C. State Bureau of Investigation determined led to the shooting.
EMS brought Rincón López, 24, to the hospital about 3 a.m. on June 10, 2024, with a possible overdose of crystal methamphetamine. Once admitted, his only complaint was that he was thirsty, and he was discharged at his request at about 4:45 a.m. Rincón López remained in the waiting room another hour, then walked outside.
Lee, then 32, was finishing a shift at the hospital and was driving his patrol car through the parking lot when Rincón López approached, waving his arms to get Lee’s attention, Doyle wrote. Lee rolled down his window.
Rincón López, who was carrying an IV pole, began speaking in Spanish. Lee was unable to understand and told investigators that Rincón López’s demeanor changed and his voice became aggressive and loud. Lee got out of the car to try to calm Rincón López down, but he “only became more aggressive,” Doyle wrote.
Lee then got back into his car, put his foot on the brake pedal and shifted into drive, while his left leg was still on the pavement outside the open door, Doyle wrote. Rincón López rushed Lee “by diving into the open driver’s door,” and Lee said he felt him pulling at his taser.
Rincón López then “lunged sideways in Lee’s lap,” Doyle wrote, trapping Lee’s right hand and grabbing the gun holstered on his right hip. Lee pushed down on top of Rincón López’s hands to keep the gun in his holster and ordered him to stop, Doyle wrote.
But Rincón López was able to pull the gun from the holster, and during the struggle a bullet was fired into the car’s center console, about six inches from Lee’s leg, Doyle wrote.
Lee then floored the gas pedal, and both Rincón López and the gun fell from the car. Lee then slammed on the brakes and also fell from the car, reaching for his gun before Rincón López could get to it. Lee grabbed the gun with his left hand, but Rincón López rolled on top of his left arm, Doyle wrote.
“Lee freed his left hand, jumped to his feet, and began firing his weapon toward Rincón López,” she concluded. “Medical personnel began to perform CPR on Rincón López, but he was pronounced dead shortly thereafter.”
Lee was not wearing a camera during the incident, and there wasn’t one in the patrol car. But Doyle said surveillance cameras at UNC Health Johnston supported the details provided in the SBI report.
Rincón López was a resident of Mexico who did construction work in North Carolina. He had been in the United States for about a year and a half, according to his family.
