No criminal charges will be filed in deadly Wake Forest shooting for now

Joel Brown Image
Tuesday, July 15, 2014
No criminal charges will be filed in Wake Forest shooting
No criminal charges will be filed against Wake Forest homeowner in a fatal weekend shooting.

WAKE FOREST, N.C. (WTVD) -- The Wake County district attorney decided late Monday afternoon not to file charges in a deadly shooting in Wake Forest that apparently erupted over a broken air conditioner.



ABC11 spoke to 12-year-old boy who watched his father die and is contradicting the shooter's claims of self-defense.



Sixth grader, Evan Mitchell, has seen more than any 12-year-old should have to see.



"The neighbors started coming up with their phones and I said, 'He shot my dad! He shot my dad," the boy recounted. "I told my dad, I said, 'Dad, I love you.' Then I ran and dialed 911."



Evan Mitchell's father, 47-year-old Jeff Mitchell, was shot and killed Saturday evening and Evan was a witness. It happened on the porch of Mitchell's Wake Forest landlord, 89-year-old Calvin Ray Sr.



Ray told ABC11 this weekend that he shot and killed Mitchell in self-defense. Ray claims Mitchell kicked his door in, angry that his broken air-conditioning unit had not been fixed.



"He kicked the damn thing in and when he did he started toward me, that's when I shot him, he backed up and fell on the floor," Ray said.



But Evan tells a different story. The boy says his dad did bang loudly on the door, but did not kick it in. Evan and his mom Janice, Jeff Mitchell's ex-wife, dismiss Ray's claims of self-defense. They want the elderly landlord charged with murder.



"I think [Ray] should pay, I wish no harm on nobody but you know what, if he doesn't get charged here on Earth, God's going to deal with him," Janice Mitchell-Seaorn said.



Acting Wake District Attorney Ned Mnagum announced he does not anticipate filing charges, but a final decision has not been made. Autopsy and toxicology reports are still outstanding. The investigation will continue.




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