Why Wake DA won’t charge witness who shot, killed man in Raleigh after fight
The Wake County District Attorney’s Office will not charge a witness who saw an argument escalate and killed the alleged assailant, the Raleigh Police Department said Wednesday morning.
Police responded to a shooting in the 100 block of Summit Avenue around 11 a.m. Tuesday, Raleigh police said. There, they found a man with a gunshot wound to his upper body. The man, Emmanuel Graham, was taken to a hospital where he died from injuries. Graham was 39.
Before the shooting, Graham and another man were arguing before the confrontation became physical, Raleigh police said its preliminary details indicated. Graham allegedly then took a weapon and struck the man, who fled to Summit Avenue. The two were involved in a domestic relationship.
ABC11, The News & Observer’s newsgathering partner, reported Tuesday the attacker, now identified as Graham, was wielding an ax.
An uninvolved witness saw the fight and believed the other man was in danger, police said. The witness got a handgun and shot Graham once. The witness “stayed on scene and complied with officers during the investigation.” The man who was allegedly attacked sustained serious but non-life-threatening injuries
The District Attorney’s Office decided not to charge the witness “after considering the witness statements, video evidence, physical evidence and the overall circumstances,” Raleigh police said. The N&O has reached out to Wake District Attorney Lorrin Freeman for comment.
Raleigh police said their investigation is ongoing.
This story was originally published June 3, 2026 at 10:47 AM.
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