Pender County Sheriff’s Deputies not charged in fatal deputy involved shooting
PENDER COUNTY (WWAY) — In a conference Wednesday afternoon, Pender County District Attorney Ben David said two deputies will not be criminally charged for a man’s death after a deputy involved shooting.
“After reviewing all the facts and the law,” David began, “I have determined that no officer will be charged in this matter.”
December 14 of last year, Pender County Sheriff’s Deputy Jhon Dragocastano drove to Kevin Swinson’s trailer, attempting to serve criminal warrants for traffic violations, as well as a civil restraining order initiated by Swinson’s father and a child support order.
What followed was a 14 minute armed standoff between Swinson, his father, and Dragocastano. As the deputy called for backup, Swinson yelled expletives, saying he was armed, he wasn’t going back to jail, and he was going to die.
In the body cam footage, Dragocastano can be heard saying, “Come out with your hands up.”
“F*** you man…. I’ve got a gun in here,” Swinson responded.
Deputy Grant Simme arrived as backup soon after. 14 minutes into the standoff, Swinson made a break for it, running with his gun into the woods.
After a short chase, deputies said Swinson turned around and aimed his rifle at them.
“And it was at that point that both deputies perceived the need to protect not only their individual safety, but that of their fellow officer,” David explained, pausing the body cam footage.
Both deputies shot a total of 17 rounds in four seconds. Five of those rounds hit Swinson.
Though deputies attempted to save him, Swinson died on the scene. Investigators later found his gun was not loaded.
Though the investigation is over, Pender County Sheriff Alan Cutler said the tragic reality will continue to affect a family and his unit.
“I would just ask for continued prayers for the entire Swinson family and for everyone of our deputies that were involved in this incident,” Cutler said.
Deputies Dragocastano and Simme were on leave during the investigation. They’ve been offered counseling and have been allowed to return to work.
