WPD officers cleared in shooting

To: Members of the Media
RE, Shooting Death Of Richard Glenn Sachariat, Jr

After a thorough review of the evidence, I have determined that no criminal charges will be flled against any law enforcement officer for the July 27,2010 shooting death of Richard Glenn Sachariat, Jr. The testimonial, physical and audiotape evidence in this case leads to the inescapable conclusion that Mr. Sachariat is the only person who engaged in any criminal activity during this tragic incident.

The protocol for an officer involved shootingis well established in this District and was followed in this case. I was notified at approximately 4:00 a.m. the morning of the shooting and personally responded to the scene a short time later. Together wtth Chief Ralph Evangelous of the Wilmington Police Department, I requested a full outside ivestigation by the State Bureau of Investigation. This request was made, in part, to ensure the integrity of the investigative process and to augment the internal review of the shooting conducted by the WPD.

The facts and circumstances surrounding this shooting are documented in a report generated by the SBI. While North Carolina law legally allows for SBI reports to be withheld from the public, I believe that the public interest is best served by highlighting the primary findings of the investigation. Accordingly, today, as in the past, I am releasing a copy of a synopsis. Also, if requested, I will meet with the decedent’s parents and, together with the lead case agent, answer any of their questions and allow them, and a c1vil attorney of their choosing, to review the entire SBI flle. Any other questions regarding this procedure should be directed to SBI Chief Legal Counsel John Watters at (919) 662-4500.

In coming to the conclusion not to seek criminal charges, I have carefully reviewed all the facts and have applied the law to these facts. All of the evidence suggests that officers attempted to apprehend an armed individual who repeatedly fired upon them. Officers were fully justified, under the doctrine of self defense and the defense of a third person, in using deadly force to protect themselves and the res1dents of the Echo Farms community, State v Perry, 338 NC457; State v, Carter,254 NC475.

I am not unmindful of the fact that Mr. Sachariat suffered from profound mental problems. Indeed, WPD officers had responded to this same residence regarding some of the same issues with Mr. Sachariat on a prior occasion. Deadly force should be used only as a last resort and when absolutely necessary. The fatal shot that was fired came after officers had been repeatedly fired upon and was a measured response to Mr. Sachariat’s criminal and deadly conduct.

I have shared my conclusion with Chief Evangelous that no officer will be charged in this incident. The officers involved should be allowed to return to work whenever they are able as their actions were consistent with their training and fully supported under the law in protecting the lives of everyone at the scene.

Sincerely,

Benjamin R. David
District Attorney