Deputy justified in shooting man who display gun when Orange Co. officers tried to serve warrant: DA

ORANGE COUNTY, N.C. (WTVD) -- On August 25, deputies with the Orange County Sheriff's Office (OCSO) were attempting to serve a felony warrant on a man at a home in the 1300 block of Carolina Loop. The man whom the warrant was for ran from police and tried to shoot at deputies. A deputy then fired his gun and hit the suspect.

On Wednesday, December 20, the District Attorney's (DA) Office in Orange County said the deputy was justified in shooting the man. DA Jeff Nieman said that based on findings, evidence and circumstances as the law applies to using deadly force, Deputy Kern acted lawfully and was justified in shooting the suspect--Derick Andre Engram Williams.

Williams was wanted in Wake County on charges of felony intimidating a witness, misdemeanor harassing phone calls and misdemeanor cyberstalking, deputies said.

When deputies arrived at the address, given by Wake County law enforcement officers, and attempted to serve the warrant, deputies said Williams saw them. He then raised a handgun, pointed it at Deputy Kern and attempted to fire it. The gun malfunctioned and Williams tried to clear it and took off running, the deputy said in his statement to the NC SBI who investigated the case.

Deputy Kern said Williams was given multiple verbal commands to drop the gun, but he tried to fire it again while running up a driveway. When the suspect failed to comply with the verbal warnings, Kern fired several rounds from his service-issued weapon. Williams was shot three times. A .380 handgun was found near where Williams fell.

Deputy Kern said he feared for his life and the lives of the other officers when he employed force against Derick Williams.

District Attorney Nieman said, "The use of 'deadly force' in this occasion was lawful and reasonable. Nonetheless, the shooting of Mr. Williams is a tragic event, which fortunately did not result in the loss of life."