Pender County family sues two sheriff’s offices over mistaken SWAT raid

WILMINGTON, NC (WWAY) — A Pender County family is suing two sheriff’s offices over a botched swat raid that happened last spring. 

Avery Marshall and his fiancé Alisa Carr say shortly after midnight on April 10, deputies from the Pender County and Lee County Sheriff’s offices pounded on their door. 

The couple said they shattered the door, threw flash grenades, and interrogated them and their two children. At one point, deputies allegedly pointed a gun at Marshall’s son before he pleaded that the child was only 9 years old. 

Deputies then allegedly took a sledgehammer to the inside of the home and dumped personal items on the floor. 

Carr—a two-time heart attack survivor—said she began having heart palpitations from the gas and asked for medical assistance. Deputies allegedly accused her of lying before an ambulance was called.  

Authorities were searching for a man accused of breaking into several vehicles.  

The suspect’s cell phone pinged 52 meters from the home, and allegedly, Alisa’s car matched the suspects, although hers was a different model and 10-years newer. The couple said authorities also did not investigate any other houses in the neighborhood. 

In the aftermath, Carr said she suffered another heart attack and several panic attacks. The family is also regularly attending therapy. 

Carr noted Marshall, who had a loaded gun for protection in the home, thankfully did not grab it.  

“I think God was looking out for us, because he could have went and made on shot, and we wouldn’t be here today. But he didn’t take the gun,” Carr said. 

The couple claims deputies stepped on Marshall’s back, despite him recently undergoing back surgery.  

“I have to go and have another surgery due to what happened in the house that night,” Marshall explained. 

The Pender County couple filed suit in federal court on Wednesday.  

Marie Miller, an attorney with the Institute for Justice, said actions by deputies violated the fifth amendment and the North Carolina Constitution.  

“Both require just compensation from the government for the taking of private property for public use and that is exactly what happened here,” she said. 

Miller said the county agreed to cover part of the $11,000 in damage, but only if the couple agreed not to sue.  

“Alisa and Avery are not willing to sweep this matter under the rug and increase the risk that this could happen to someone else,” Miller said. 

The suspect deputies were searching for was eventually found in another county.

WWAY reached out to both sheriff’s offices for comment. 

The Pender County Sheriff’s Office sent the following statement: 

“On Tuesday evening April 9, 2024 just before 9pm, my office received a request for assistance from the Lee County Sheriffs Office concerning an investigation and high risk search warrant service. 

Investigators from Lee County Sheriff’s Office had applied for and received a search warrant for 680 Messick Road in Willard. This order was issued by a Superior Court Judge. 

Shortly after 1am on Wednesday, April 10th, members from my office did serve the search warrant. The person named in the search warrant was not located at this residence. There were no reported injuries to any member of the residents at this location. Approximately 25 minutes after arriving on scene, EMS was summoned for a member of the household and that person was transported by EMS to Pender Memorial Hospital.” 

The Lee County Sheriff’s Office did not immediately respond to requests for comment.