District attorney clears officers in March shooting death at Wilmington parking deck

WILMINGTON, NC (WWAY) — No criminal charges will be filed against the law enforcement officers involved in the March 8 shooting death of Edilberto Espinoza-Sierra, New Hanover County District Attorney Jason Smith announced Wednesday.

Smith said he reached the decision after reviewing an investigation conducted by the North Carolina State Bureau of Investigation and consulting with senior assistant district attorneys in the 6th Prosecutorial District.

“The physical and testimonial evidence, along with the body camera footage of the officers who were involved that night, led to the conclusion that each of these deputies and officers were justified in using deadly force upon Mr. Espinoza Sierra,” Smith said.

The shooting happened in the parking deck at 115 Market St. in downtown Wilmington during the early morning hours of March 8.

According to Smith and First Assistant District Attorney Barrett Temple, officers with the New Hanover County Sheriff’s Office and Wilmington Police Department were working in the downtown entertainment district when they heard gunfire from the parking garage.

Officers responded and found a man suffering from a gunshot wound. Witnesses described the suspected shooter as a Hispanic man with curly black hair who had blood on him and was driving a blue vehicle.

Investigators said officers later encountered a blue Dodge Challenger driven by Espinoza-Sierra on a ramp inside the parking deck. Authorities said officers repeatedly ordered him to stop and show his hands, but he continued driving.

According to the SBI investigation, Espinoza-Sierra drove past stopped vehicles, sideswiped an occupied Audi and rear-ended an occupied Nissan while attempting to leave the crowded parking deck.

Temple said officers reported seeing Espinoza-Sierra reach toward the center console of the vehicle while numerous civilians and officers were nearby.

One officer fired at the vehicle before six other officers also discharged their weapons. Investigators said officers then removed Espinoza-Sierra from the vehicle and rendered aid. He was pronounced dead at the scene.

Authorities said a total of 62 rounds were fired by law enforcement officers. 13 projectiles and two fragments were recovered from Espinoza-Sierra’s body at the autopsy. During the investigation, agents recovered a handgun between the driver’s seat and center console of the vehicle. Investigators said the firearm had been reported stolen from Spring Lake in 2024.

Smith said state law allows officers to use deadly force when they reasonably believe it is necessary to protect themselves or others from death or serious bodily injury.

“The seven task force members involved in the shooting were fully justified under the doctrine of self-defense and the defense of others,” Smith said.

The district attorney said investigators concluded Espinoza-Sierra was believed to be armed and dangerous, used his vehicle in a manner that endangered officers and civilians, and continued attempting to flee despite commands to stop.

The SBI was requested to investigate the shooting shortly after it occurred.

The officer-involved shooting followed a separate shooting inside the parking deck that left another man injured. 22-year-old Rafael Martinez of Wallace was arrested and charged with assault with a deadly weapon with intent to kill inflicting serious injury in connection with that shooting.

Smith said his office could not discuss details of the case against Martinez because it remains pending.

Smith said he met with Espinoza-Sierra’s family and their attorney Wednesday before announcing the decision. He said the family has been invited to review the SBI report and discuss the investigation with the lead case agent.

Smith also announced that members of the media would be allowed to view a limited portion of the body camera footage, though the video cannot be recorded or broadcast.

The district attorney said all officers involved should be allowed to return to work, calling their actions consistent with their training and supported under state law.