No charges to be filed against Wilmington Police for officer-involved shooting

WILMINGTON, NC (WWAY) — The New Hanover County District Attorney says no charges will be filed against police officers involved in the shooting of Savion Wilson in December.

Last month, District Attorney Jason Smith and Wilmington Police Department Chief Donny Williams jointly requested for the State Bureau of Investigation to investigate the shooting of Wilson.

According to Wilmington Police: officers saw Wilson, 23, wearing a ski mask riding a bike and in the area of 14th and Nun St. on December 27th around 11:30 p.m. Police say Wilson jumped from his bike and ran on foot, and officers saw a gun in Wilson’s hand, yelling at him to drop his gun.

With officers in pursuit, the police department says Wilson began to turn around with the gun, so an officer fired shots that struck Wilson.

After a review of the evidence developed during the investigation and the report prepared by the SBI, District Attorney Smith determined that no officer will be criminally prosecuted. According to his statement:

The law supports this conclusion. The United States Supreme Court, Federal Courts and North Carolina appellate and trial courts have all held that where officers are attempting to make an arrest, deadly force may be used if it appears to be reasonably necessary to (1) protect against deadly force that the arrestee is using to resist arrest or (2) take into custody a person who presents an imminent threat of death or serious injury to others unless apprehended immediately. Tennessee v. Garner, 471 U.S. 1 (1985); Elliot v. Leavitt, 99 F.3d 640 (4th Cir. 1996); State v. Ellis, 241 N.C. 702 (1955). The North Carolina General Assembly has codified this precedent in our statutes. N.C. Gen. Stat. §15A-401(d)(2).

Wilson survived the shooting, and was initially held for Assault with a Deadly Weapon on Law Enforcement Officer, Firearm by Felon, and Wearing of Mask/Hood on Public Way.

Since then, he faces additional charges which include Possess a Weapon of Mass Destruction, which is in relation to his modified conversion device located on the firearm, PWIMSD Schedule II Controlled Substance, M/S/D/P Controlled Substance within 1000 Feet of School, Carrying a Concealed Weapon-Firearm, Resisting a Public Officer, and Fail to Display Lighted Lamp on Front of Bicycle on Public Street at Night.