NC trooper cleared in fatal shooting

MARION, N.C. — A prosecutor says a state trooper who fatally shot a man in his patrol car after the man attacked him with a box cutter will not be charged with a crime.

A report states that Trooper Andy Waycaster was transporting Daniel Boyd Cole Jr. for an alcohol test, but had not handcuffed Cole because he was not under arrest.

The Asheville Citizen-Times reported Friday that District Attorney Brad Greenway said Waycaster stopped his car and shot Cole while they were both seated. Both men exited the car. The trooper fired two more shots that missed Cole, who died at the scene.

Greenway said Waycaster’s use of deadly force was justified.

Waycaster suffered extensive injuries to his face and arms. He has since returned to duty.

(Copyright 2008 by The Associated Press. All Rights Reserved.)