District Attorney clears officers in deadly downtown Wilmington parking deck shooting
WILMINGTON, N.C. (WWAY) — A three-month investigation by the State Bureau of Investigation found that Wilmington police officers were justified in the fatal shooting of 23-year-old Edilberto Espinoza Sierra during a confrontation inside a downtown parking garage, according to District Attorney Jason Smith.
“It was being used as a deadly weapon,” Smith said while describing the vehicle Espinoza Sierra was driving before officers opened fire.
Espinoza Sierra died at the scene after officers fired more than 60 rounds during the March incident.
In videos posted online, showed a violent altercation moments before police arrived. The footage showed a man identified as David Corpus on top of Espinoza Sierra, repeatedly striking his head against the ground.
Additional video showed Corpus being treated for gunshot wounds. Investigators identified 22-year-old Rafael Martinez, a lifelong friend of Espinoza Sierra, as the suspected shooter. Martinez is charged with assault with a deadly weapon. Family members have said Martinez was attempting to protect Espinoza Sierra during the fight.
The SBI investigation focused on whether officers’ use of deadly force was excessive.
According to Smith, officers repeatedly ordered Espinoza Sierra to stop his vehicle and warned him that he would be shot if he failed to comply.
“They gave clear directions to Mr. Espinoza Sierra to stop his car, and they warned him that he would be shot if he did not stop the car,” Smith said.
Smith said officers believed Espinoza Sierra matched the description of an armed suspect and appeared to be reaching toward the vehicle’s center console while accelerating the car.
A subsequent search of the vehicle uncovered a stolen, loaded handgun between the driver’s seat and center console, Smith said.
Under North Carolina law, officers may use deadly force when they reasonably believe it is necessary to defend themselves or others, when a suspect possesses a deadly weapon, or to prevent the escape of an armed suspect.
During the news conference, Wilmington Police Chief Ryan Zuidema defended the officers’ actions and training.
“Our officers know where every round is going when they pull the trigger,” Zuidema said. “What you didn’t hear from the DA, and what you didn’t hear from any of us, is anybody else being injured.”
Reporters were also shown body camera footage from the encounter. The video showed officers shouting commands at Espinoza Sierra, whose face appeared to be covered in blood following the earlier fight. Several vehicles were positioned in front of him when he rammed another vehicle. Officers then opened fire.
After the news conference, members of Espinoza Sierra’s family said they were unaware officials planned to release the findings publicly.
One family member questioned the district attorney’s conclusions.
“I want him to present that evidence to me like he would in court,” the relative said. “I want him to present it to me if it was his son.”
Various groups plan protests tomorrow at Innes Park.
