No criminal charges in 2013 officer-involved shooting

Friday, October 24, 2014
No criminal charges in 2013 officer-involved shooting
Criminal charges will not be filed in an officer-involved shooting that killed a Fayetteville teen last year.

FAYETTEVILLE (WTVD) -- Criminal charges will not be filed in an officer-involved shooting that killed a Fayetteville teen last year.

Cumberland County District Attorney Billy West released conclusions from the state investigation on Friday morning. You can read the report details here.

The report delves into witness statements and evidence from the October 2013 shooting death of Shaqur McNair. The 16-year-old was shot and killed by 27-year-old Fayetteville Police Officer Christopher Hunt. Hunt said he used deadly force when the teen began to pull a handgun on him. Some witnesses say the teen was unarmed.

The shooting happened in the middle of a chaotic domestic dispute call, involving McNair's older brother, Algeria. Much of the state's report relies on the elder McNair's account of the incident. In the report, Algeria McNair is said to have told Officer Hunt that his brother was headed into a house to retrieve a handgun. Hunt said McNair used that gun to threaten him.

Since the shooting, several witnesses, including a 911 caller, have said the teen was unarmed. Multiple witnesses in the report support Hunt's narrative of the events, and say the teen had a handgun.

West said forensics were not run on the handgun alleged to have been in McNair's possession.

"The reason is [with] law enforcement procedure, when you have multiple witnesses who saw the weapon and placed it with a person, you don't run forensics," said West. "You do when it's an unknown person who has handled the object."

Last week, McNair's family attorney, Allen Rogers, said he was concerned no physical evidence linked the gun to McNair. Rogers also said Hunt's recording devices were not running until after the shooting, and two key witness accounts had been left out of the report. Click here to read the story.

West said Friday that those witnesses were interviewed by the SBI. His response concludes Hunt's decision to use deadly force was a "lawful and measured response to the situation that he confronted and necessary for his own protection."

Hunt responded to the domestic call alone last fall. It was in front of McNair's Bertram Place home where the teen's older brother, Algeria, and Algeria's girlfriend had been in a physical fight. The girl called her parents to the scene.

In the state's report, Algeria said he and his family believed the girl's father had a gun, and Shaqur had gone to retrieve a 9 mm handgun from inside a home.

At the same time, Hunt and the McNair brothers' mother, Alfricka Bennett, got into a physical fight. Hunt said the woman punched him in the face before taking off and falling on the ground. Bennett reports a different account, saying she snatched her hand from the officer before running away and being tackled by him.

Following the tussle, Shaqur McNair is said to have come across the yard. Hunt said the teen continually patted his waistband, reciting "not today," before lifting his shirt to reveal a handgun. The officer said the teen began to pull the 9 mm from his waistband.

Hunt told authorities the teen ignored commands to stop walking toward him, and when McNair revealed the gun, Hunt began to shoot.

Hunt fired four times, striking the teen three times. He told authorities he kicked the 9mm handgun away from McNair, and into a driveway before handcuffing the teen.

Back-up would arrive. McNair died at the hospital later that evening.

Following the shooting, Fayetteville police put a new policy in place that prevented officers from answering domestic disputes alone.

Fayetteville police have not confirmed whether Hunt is back on duty. Rogers said the family plans to file a civil suit against the city by year's end.

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