Family protests decision not to charge officers in fatal Wilmington police shooting

WILMINGTON, N.C. (WWAY) — Family members and supporters of Edilberto Espinoza Sierra gathered Thursday at Wilmington’s 1898 Memorial Park to protest the decision not to charge the law enforcement officers involved in his fatal shooting.

The demonstration came one day after New Hanover County District Attorney Jason Smith announced that no criminal charges would be filed against the officers, saying the decision followed a review of forensic evidence, witness interviews, video evidence and North Carolina law governing an officer’s use of deadly force.

During Wednesday’s news conference, Smith said investigators concluded the officers’ actions were legally justified under the state’s “objective reasonableness” standard.

Under North Carolina law, officers may use deadly force when they reasonably believe it is necessary to protect themselves or others from an imminent threat of death or serious bodily injury. The law also permits deadly force to prevent the escape of a suspect who poses such a threat.

Smith said investigators determined officers reasonably believed Espinoza Sierra posed an imminent danger when his Dodge Charger approached officers during the encounter.

According to Smith, investigators considered several factors in reaching that conclusion, including evidence that officers believed Espinoza Sierra was armed and dangerous, that they viewed his vehicle as a deadly weapon, that he failed to comply with commands, made movements inside the vehicle officers perceived as threatening and continued attempting to flee after rear-ending another vehicle.

Michael Ranalli, a former police chief and legal scholar with Lexipol who trains law enforcement agencies on use-of-force issues, said officers’ actions must be evaluated based on the totality of the circumstances they faced.

Some community members have questioned whether officers could have aimed at the vehicle rather than Espinoza Sierra. Wilmington Police Chief Ryan Zuidema said that is not consistent with department policy.

For Espinoza Sierra’s family, the district attorney’s decision remains unacceptable.

His sister, Genesis Espinoza Sierra, said she believes her brother was the victim of racial profiling and remains hopeful the officers will eventually face charges.

“If not now, I know they will be charged later,” she said. “I have faith in my lawyers, and I have faith in what they’ll do for us.”