D.A.: Officers ‘justified’ in fatal shooting

Two Clinton Police Department officers were determined to be justified in the October 2023 shooting death of a 27-year-old man at a Clinton housing complex, according to District Attorney Ernie Lee, who released a lengthy statement assessing the case and offering his findings.

Dashawn Montrell Kasey, 27, was shot and killed on Oct. 26, 2023, by two officers with the Clinton Police Department, who were investigating a reported assault at an apartment in Dogwood Circle.

“After reviewing the investigation of the North Carolina State Bureau of Investigation (SBI), Senior Assistant District Attorney Lori Carroll and I have determined that Kasey’s death, while tragic, was justified because Kasey’s actions caused officers with the Clinton Police Department to reasonably believe it necessary to use deadly force to protect their lives,” Lee stated.

Lee said his findings were that the officers — their names were not disclosed in the D.A.’s statement — were legally justified in confronting and using deadly force against Kasey. He said the officers “did not use excessive force” against Kasey and that they “did not commit any criminal offenses beyond a reasonable doubt” involving the shooting death of the 27-year-old.

At approximately 12:57 a.m. Oct. 26, 2023, a 911 caller said she was assaulted by Kasey, having been struck in the face with a gun while inside her apartment. Officers said she had visible injuries to her left eye. Three Clinton Police officers arrived on scene, talked with the victim and entered the apartment to search for Kasey. They were not initially able to find him. After leaving the apartment, the victim told officers Kasey was “skinny” and they should check closets and cabinets.

“The three officers re-entered the apartment and upon opening a closet containing a water heater, Kasey was observed pointing a firearm at an officer,” Lee stated. “Two of the officers commenced firing their CPD-issued firearms. Kasey was shot and killed.”

The evidence reviewed included videos of the incident before, during, and after the shooting. These videos included the body cameras of the two uniformed officers involved in the fatal shooting of Kasey.

The body camera footage of the officers involved depicted the officers entering the residence two separate times, initially identifying themselves as police officers and yelling out the name of Kasey, with no response. Upon the second entry into the apartment, the body camera footage depicted the first officer opening the closet door, which contained a water heater. The body camera of the second officer showed Kasey’s arm extended with a firearm pointed at the first officer, who fell back and fired his weapon at Kasey, joined in firing by the second officer.

According to Lee, the body camera footage was provided to the N.C. State Crime Laboratory for examination and analysis. A video file was created by the Crime Lab at a slower play speed to show the moment that Kasey pointed a firearm at the officers.

The officers were both interviewed by the SBI, sharing the same account of the event and what the body camera footage showed.

SBI Special Agent L.A. Bullard examined the firearms used by the two officers in the shooting. Although three officers had entered the apartment, only two officers discharged their Glock 45 model 9mm handguns. There is no evidence that Kasey fired his firearm or that any of the officers involved were physically injured.

A search of the scene around the closet containing the water heater revealed 27 shell casings fired from Glock 45 model 9mm handguns. Kasey’s firearm, a 9mm Glock, was also recovered and examined. It was determined that the firearm contained one round in the chamber and 16 rounds in the magazine.

“This one round had been ejected from the firearm and the weapon cleared by officers for safetyprior to SA Bullard examining the firearm,” Lee stated. “There is no evidence that the firearm was fired at the officers.”

Dr. Barr, a pathologist at Sampson Regional Medical Center, performed the autopsy on Kasey and said he found that the cause of death to be a gunshot wound to the head. Dr. Barr removed bullets from Kasey’s chest, head, and right shoulder. The medical examiner also conducted a preliminary test of Kasey’s blood, which indicated the presence of cocaine, Lee stated.

Lee was in contact with the SBI about the shooting in the months since concerning the investigation and firearms evidence. On April 5, he received the SBI report, videos and photographs, and began, with Carroll, to review all the evidence. Nearly a month later, on Thursday, the district attorney released his findings.

“The shooting death of Dashawn Montrell Kasey is found to be justified to protect the safety and lives of the law enforcement officers from potential harm as perceived by the law enforcement officers at the scene,” Lee stated in Thursday.

The district attorney cited a federal judge’s ruling in North Carolina that “it is the duty of a law enforcement officer to stand his ground, carry through on the performance of his duties, and meet force with force, so long as he acts in good faith and uses no more force than reasonably appears necessary to effectuate his duties and save himself from harm.”

“Law enforcement officers are required to instantaneously evaluate and employ force against possible criminal suspects to thwart apparent dangers to citizens and themselves,” Lee stated. “Kasey had a loaded firearm and pointed that firearm at an officer. Officers must perceive, evaluate, decide, and then act, often in a matter of seconds. The officers in this case perceived a threat and fired (their) weapon to neutralize the threat.

“The perceived danger to the officer must be only apparent, not actual, to justify use of deadly force. Apparent danger is such that it would cause a reasonable person to believe that he or others were in danger of death or great bodily harm. Although there is evidence of actual danger to the officers, under the law there was also apparent danger.”

Pursuant to state statute, a law enforcement officer is justified in using deadly physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

“There is evidence that 27 shots were fired in rapid succession at the scene by two law enforcement officers. Kasey was struck three times. There is no evidence that the number of shots fired by the officers were excessive,” Lee stated. “Even if there were an excessive number of shots fired, the question is whether the perceived threat has been neutralized for the safety of the law enforcement officers firing their weapons. The officers had to make split-second decisions as perceived by the officers at the scene.”

“Based upon my review of the facts of this case, I have determined that the shooting of Kasey … was legally justified to protect the safety and lives of the officers on scene. I have determined that the officers who fired the fatal shots perceived an apparent threat, evaluated the situation in seconds, decided, and acted,” said Lee. “The officers’ actions appear reasonable under all the circumstances of this case.I find that the officers did not use excessive force against Kasey. In fact, my review of the incident indicates there is no evidence that the officer who fired the fatal shots, acted in any manner that is inconsistent with the threat they perceived and certainly no evidence that the officers acted in anyway contrary to or in violation of North Carolina law.

The district attorney expressed his appreciation for the SBI and cooperation from Clinton Police Chief Anthony Davis and the department.

“I have determined that the shooting death of Dashawn Montrell Kasey was justified and no criminal charges against the officers involved in this matter are warranted under the law and under the circumstances revealed by the independent SBI investigation,” Lee stated.