District attorney rules on NC sheriff’s deputy who fatally shot armed, mentally ill man

A sheriff’s deputy in Granville County was justified in fatally shooting an armed 23-year-old man in February, the district attorney has ruled.

But Michael Waters, the DA for Granville and other counties in the 11th Prosecutorial District, also said the incident shows law enforcement must do more to de-escalate violent situations with people in a mental health crisis.

Makari Jamel Smith, 23, who struggled with mental illness, would not drop a shotgun when instructed by deputies. He was shot and killed by an deputy who returned fire after Smith fired at officers. The deputy’s name was not released.

“The unfortunate series of events leading to Smith’s death should reinforce the need for continuing efforts of law enforcement to find more effective avenues to help defuse volatile situations that may arise during a mental health crisis,” Waters wrote in his review of the case, released Tuesday.

911 call in Oxford

Authorities had responded to a domestic disturbance call after 5 p.m. at a home on Reavis Road in Oxford.

Smith was an armed services veteran who had recently begun to have mental health issues, which the evidence shows the responding deputies did not know about, Waters said in his review of the case.

The case was investigated by the State Bureau of Investigations, which is routine when law enforcement shoots a person.

After a Granville County emergency operator returned a hang up call from the Reavis Road residence, Smith said on the phone in a 24-second call that he was having a ‘”schizophrenic breakdown,” then hung up.

Text messages to his mother that morning at 5:18 a.m. suggested suicidal thoughts.

Valerie Smith-Ragland, Smith’s mother, previously told WRAL that her son had post traumatic stress disorder and schizophrenia and “saw a lot of death” while in the Army. She previously called the police after Smith left the military in April 2020, she said.

Waters said that the “single most important piece of evidence” in the investigation was the 43-minute footage from the involved deputy’s body camera, which he said captures the interactions between Smith and the officer.

‘Please, just drop the gun’

After the initial 911 call, Smith called again to tell an emergency operator that everything was fine.

A woman, identified as Smith’s mother, was heard in the background yelling that everything was not OK, according to the investigation.

Minutes later, a call about a domestic disturbance was made from the residence. Several law enforcement officials arrived and were told that Smith had left with a shotgun and had assaulted his mother and was mentally ill.

Officers searched for Smith, who had fled into the woods, but did not find him. Officers were on the scene for about 40 minutes and were advised that Smith was armed and had prior military experience.

Smith’s mother left the scene to get a restraining order and an involuntary commitment order, according to Waters.

Officers returned before 6:30 p.m. when they received a report that Smith had returned to the home with the shotgun.

An officer arrived to find Smith, who was armed and refused to obey commands to drop the weapon.

The deputy who fired at him was heard saying before “please, just drop the gun” and “I don’t want to do this.” in body camera footage, Waters wrote.

Smith raised his weapon and fired at one of the deputies during the stand off. The deputy returned fire with three rounds. Deputies rendered medical aid to him after he was shot.

Emergency medical services personnel were called to the scene. Smith died at Duke University Medical Center later, Granville Sheriff John Hardy said previously.

No officers were injured in the incident.

Considering video and electronic evidence, statements taken during the investigation, and evidence including numerous records and reports, “it is apparent that the Subject Deputy shot Smith after the Subject Deputy reasonably believed that Smith would shoot him,” Waters wrote.

This story was originally published July 20, 2022 at 12:02 PM.

Aaron Sánchez-Guerra

The News & Observer

(919) 297-8162

Aaron Sánchez-Guerra is a breaking news reporter for The News & Observer and previously covered business and real estate for the paper. His background includes reporting for WLRN Public Media in Miami and as a freelance journalist in Raleigh and Charlotte covering Latino communities. He is a graduate of North Carolina State University, a native Spanish speaker and was born in Mexico. You can follow his work on Twitter at @aaronsguerra.