'Not justifiable use of force': Man charged after reporting theft, shooting teen driver in Nash Co.

SPRING HOPE, N.C. (WTVD) -- Authorities arrested a man for allegedly shooting a teenager in Spring Hope after making a 911 report about theft from his vehicle.

Zachary Bryant was charged with assault with a deadly weapon and assault with a deadly weapon with intent to kill.

A judge Monday morning set his bail to $500,000. He could face as much as 41 years in prison assuming the teen shot survives -- if not, he will face more charges.

The incident happened Friday night, shortly after 10 p.m., on Savage Road. Nash County deputies responded to a call about a possible larceny from a motor vehicle.

The 911 caller, identified as Bryant, said he saw two people running away from his truck and saw them get into a red vehicle. The car then traveled south on NC 581.

Inside his truck, Bryant said he saw his toolbox was open and tools missing. That's when he called 911.

According to investigators, he went back inside his home and grabbed a handgun. He then went near the intersection of NC 581 and Savage Road and saw the vehicle turn in.

While on the shoulder of the road, he fired multiple shots at the car, allegedly attempting to stop the vehicle. One of the bullets struck the 15-year-old driver in the head.

About ten minutes following his initial 911 call, as deputies were en route, Bryant called authorities again to report he had shot somebody.

There were also three other teenagers -- 14, 15, and 16 years old -- in the car at the time. Upon arriving on the scene, deputies located Bryant near the crashed vehicle.

During a press conference Sunday, the Nash County Sheriff's Office addressed the state's law regarding the justified use of deadly force.

"Based off the evidence available at the time and statements made by Mr. Bryant, he was away from the residence, he was outside the path of the vehicle and had no concerns with the vehicle striking him. The vehicle and its occupants appeared to be leaving, which at this point does not meet the criteria as a justified use of deadly force," said Sgt. Kevin Bissette with the Nash County Sheriff's Office.

"You cannot use deadly force to stop a vehicle. You cannot use deadly force to stop a thief. You can only use deadly force in one instance, and that is to save your life or a third party's life, and it's got to be an immediate threat of death for you to utilize a firearm," said Sheriff Keith Stone.

The 15-year-old is listed in critical condition at Wake Medical Center.

"If someone's breaking into your car, into your home, we're going to presume that you're worried about a risk of death, of serious bodily injury, because you don't know what they'll do when they get inside. But it is not a risk of serious bodily injury to try and stop someone from leaving with your stuff," said Emilia Beskind, a Partner at Thomas, Ferguson & Beskind in Durham.

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Beskind said the exact details are important in such cases.

"I think jurors really take their duty seriously. They listen to facts really carefully, and when you put 12 people together, you usually end up with a fair amount of common sense between the 12 of them," said Beskind.

The Nash County Sheriff's Office said the case is currently under review by the District Attorney's Office, and charges regarding the four juveniles are pending further investigation.

Bryant was assigned a court-appointed attorney and is due back in court in April.