2 NC state troopers won't be charged in probe of deadly Raleigh crash that led to case dismissals

RALEIGH, N.C. (WTVD) -- An investigation that started in January will not result in charges for two North Carolina State Highway Patrol (NCSHP) troopers connected to a driver's death.

This stems from an investigation that started in October 2024 after an early morning crash on Capital Boulevard in which the driver, Tyrone Mason, was killed. State troopers Garrett Macario and Matthew Morrison were the key officers involved with the investigation.

Nearly 200 cases were dismissed when Wake County District Attorney Lorrin Freeman said she reviewed video of Trooper Macario giving false information to Raleigh Police officers who also responded to the scene. She said this called into question his integrity related to any cases he had handled that were moving toward prosecution.

In March, Mason's family, who are being represented by Bakari Sellers, well-known Civil Rights attorney Ben Crump, and Raleigh attorney Sean Ceci, called for the dismissal of the two troopers.

Earlier this month, ABC11 obtained search warrants that reveal details initially reported by Raleigh Police around what led to the death of Tyrone Mason on Oct. 7.

Friday, a Judge agreed to allow the release of the videos related to the crash that prompted the investigation.

On Wednesday, Freeman said that after reviewing a report from the North Carolina State Bureau of Investigation (SBI), charges would not be pursued.

"While their dishonesty violates the standards to which law enforcement officers must adhere, the District Attorney is not pursuing criminal charges as the evidence would not support a successful prosecution," the DA's office wrote. "The District Attorney has shared her concerns about their conduct with the North Carolina State Highway Patrol, who has the authority to decide whether they will remain employed and will be sharing the findings of this investigation with the North Carolina Criminal Justice Training and Standards Division, which certifies law enforcement officers. District Attorney Freeman also has determined that her district will not prosecute cases in which the testimony of either of these officers is required to prove the underlying offense."

"The investigation also identified concerns about the handling of the crash reconstruction investigation by the Raleigh Police Department. Information as to Trooper Macario's attempts to stop Mr. Mason was available as early as the date of the tragic wreck. While the root cause of the confusion about what preceded the accident is directly attributed to Trooper Macario's untruthfulness, Mrs. Mason (his mother) may have had her questions about her son's death answered earlier had a more thorough job of investigating the circumstances of the wreck been done. The District Attorney has informed the Raleigh Police Department of these concerns."

Final investigation report

According to a final investigation report released on Wednesday, dashcam and body cam videos revealed that Trooper Marcario attempted to stop Mason for speeding on Capital Boulevard heading north out of downtown Raleigh. The document then states that Mason sped up to an estimated speed of 100 MPH in response. After initially beginning to chase after Mason, Trooper Marcario then turned off his lights and slowed down. At the same moment, the report said Mason then lost control of his vehicle, crossed the center median, and crashed into a concrete barrier, resulting in his death.

The documents then said, Macario's body cam shows him calling emergency communications, and making a phone call to his supervisor, Sgt. Matthew Morrison. During the call, Marcario told Morrison that he attempted to stop Mason and that he disengaged before the crash. Morrison then allegedly told Macario not to inform RPD that he attempted the stop and to tell them he had "rolled up on" the crash.

When Raleigh officers arrived, investigators allege that Macario was asked if he had tried pulling over Mason before the accident. Macario allegedly said no and told the officer that he came up on the wreck and saw smoke and debris coming from the vehicle.

According to toxicology reports obtained during the investigation, Mason had a blood alcohol level of .11 at the time of the crash.

"Trooper Macario's efforts to stop Mr. Mason do not give rise to any criminal violation. At the time Trooper Macario first observed Mr. Mason, Mr. Mason was traveling at a rate of speed over 70 miles
per hour in a 40 mile per hour zone. Trooper Macario was taking appropriate traffic enforcement action when Mr. Mason failed to heed the patrol car's blue lights and accelerated," the report said. "Mr. Mason posed a public safety risk to other motorists on the road. While not known at the time, Mr. Mason was also impaired at the time of this incident, further increasing the risk he created to others. While Trooper Macario initially attempted pursuit of Mr. Mason, he quickly deactivated his blue lights and disengaged within forty-five seconds when he realized that Mr. Mason was at risk of wrecking. The totality of these factors leads to a finding that there was no criminal violation by Macario in his initial pursuit of Mr. Mason."

The district attorney dropped nearly 200 pending cases involving both troopers, and they remain on administrative leave. She also said she is reviewing another dozen cases, citing "credibility issues" with Macario and Morrison.

Following the DA's report, Mason's family lawyer filed a lawsuit Wednesday evening against Trooper Macario, claiming that Mason's 14th amendment was violated because Macario knowingly engaged in a high-speed chase through Raleigh that he knew was dangerous. The family's lawyer also claims Macario lied in an attempt to cover up his role in the crash, and did not attempt to render aid once he arrived at the scene.

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The lawsuit is seeking Macario to cover attorney fees, loss of earnings, and punitive damages.

Response to final report

On Wednesday, Ben Crump released a statement following the DA's announcement:

"Today's decision by the District Attorney flies in the face of accountability, justice, and common sense. It's an insult to Tyrone Mason's family and the people of North Carolina.

Not only was the pursuit itself ill advised, which Trooper Macario admits on camera, he failed to render any kind of aid to save Mr. Mason's life, leaving him to die, and then lying to Raleigh police to try and cover it up. Now the District Attorney wants us to believe that, after intentionally lying to those officers and obstructing an investigation, Macario somehow told the truth, as if that makes it any better. Of course, there are no recordings of this supposed confession, whereas the lie is plain for everyone to see on video. Furthermore, if Macario was so forthright, why did he fail to file a simple incident report until months later in December?

Henrietta Mason is heartbroken once again. Not only has she had to bury her son, she has been failed repeatedly by the North Carolina State Troopers, the Raleigh Police, and now Wake County District Attorney Lorrin Freeman, who all seem more interested in protecting a couple of liars than delivering justice for Tyrone Mason."

The North Carolina State Highway Patrol also released a statement on Wednesday, sharing its condolences to Mason's family, calling the crash "heartbreaking".

"First and foremost, the State Highway Patrol recognizes that the single-vehicle collision involving Tyrone Mason is a heartbreaking occurrence, and we express our condolences to his family.

From the initial investigation that began at the scene of the collision throughout today, our agency has worked to assist all involved parties to include the Raleigh Police Department, the District Attorney's Office, and the family of Tyrone Mason. We do recognize and take ownership that words spoken and captured by video in the moments after the collision's occurrence do not reflect the high standards we place upon our members nor the lifesaving work that we see them carry out daily. We do believe, however, that this collision was a result of Mr. Mason's actions alone and that is reflected in the unbiased collision report completed by the Raleigh Police Department.

Throughout this process, the State Highway Patrol has continually provided needed information to support the investigation that was ordered by the Wake County District Attorney's Office. We support the Wake County District Attorney's findings with regards to her issued press release from today. As an agency, we take matters that call into question the integrity of members seriously and that is no different in this case.

We are continuing to conduct an internal review of this matter, and the two identified members remain on administrative leave."

The Raleigh Police Department released this statement on the Tryone Mason investigation

"We have received the information from the District Attorney's office regarding the tragic accident involving Tyrone Mason. The Mason family's grief remains at the top of our mind as the investigation continues.

The Raleigh Police Department has cooperated with the District Attorney's and other investigations, including an internal review of this matter. Based on preliminary information, including what was shared by the DA's office, the initial information provided by the Trooper to the Raleigh Police Department was misleading. It contributed to a series of communications failures within RPD. As the investigating agency, RPD has the responsibility to fill in informational gaps and to coordinate communications at all levels.

We are reviewing our crash investigation procedures, specifically, how we interact with families of victims. We are committed to updating our procedures and instituting more levels of review to ensure more timely and effective communication both inside and outside the organization. Transparency is important for trust with our community, and it is essential when families have lost a loved one. This is why RPD joined the petition to release all available body-worn camera and vehicle camera footage available from both the RPD and NCSHP.

We are continuing to investigate the crash involving Mr. Mason, which includes receiving the recordings from the NCSHP. Compassion is one of our values, and we recognize and acknowledge the delay it took for Mr. Mason's family to get answers fell short of our high-held standards. Chief Rico Boyce extends his condolences to the Mason family."