From the Raleigh News and Observer (11/26/08): A judge today ordered the release Tuesday of 911 recordings relating to a fatal shooting by Johnston sheriff's deputies, allowing time for agents with the State Bureau of Investigation to interview witnesses.
Reggie Witcher, 54, died Saturday night at his home outside Kenlyfrom shots fired by two deputies. The sheriff’s incident report saidthe deputies “encountered an armed man with a shotgun” and shot him. Asheriff’s spokeswoman said that Witcher fired the shotgun at theofficers first.
The SBI is investigating the shooting at therequest of the Johnston County Sheriff’s Office. The two deputiesinvolved, Sgt. J.K. Garner and Deputy A.J. Case, are on paidadministrative leave, which is standard procedure when deadly force isused.
Recordings of the emergency calls are public recordsaccording to North Carolina law, but Superior Court Judge Tom Locksealed them this week after determining their release could jeopardizethe ongoing investigation.
This morning, an attorney for TheNews & Observer asked Lock to vacate his order sealing therecordings. Instead, Lock set a deadline for investigators to completethe work they insist must be done before the recordings become public.
Atthe hearing, Johnston District Attorney Susan Doyle said she hadrequested the recordings be sealed until SBI agents have a chance tointerview all key witnesses. Witcher’s widow, a friend who called 911and the friend’s wife have yet to be interviewed, Doyle said.
Thewidow and friends asked the agents to conduct the interviews afterWitcher’s funeral. Doyle said she would advise agents to wrap up thoseinterviews before noon on Tuesday.
Doyle could ask the judge to extend the deadline if investigators cannot complete the interviews in time.
Theseinterviews are key because Witcher’s family and friends insist that henever fired a shotgun before deputies opened fire on him.
ThomasWayne Mooney, a neighbor and friend who was at Witcher’s house thatnight, said Witcher was holding a shotgun as deputies approached thehouse. But he said that his friend did not aim the weapon or leave thehouse. Instead, Witcher was going to store the shotgun upstairs whenthe officers fired at him through a glass storm door, Mooney said.
“He was not even looking at them,” Mooney told a reporter Sunday.
EMSworkers had been called earlier to assist Mooney’s wife, who had fallendown some stairs at Witcher’s house. EMS workers then called forsheriff’s deputies to help with a crowd they described as highlyintoxicated.
The SBI is trying to determine what happened next.Agents will present a report to Doyle, who has the authority to bringcharges against the deputies if she determines they broke the law.
InNorth Carolina, no officer has been criminally charged in the pasteight years for fatally shooting a civilian in the line of duty.