28/07/2021
" The perceived danger to the officer must be only apparent, not actual, to justify use of deadly force. Apparent danger is such that it would cause a reasonable person to believe that he was in danger of death or great bodily harm. "
Press Release from District Attorney Ernest Lee regarding Newton Grove Officer Involved Shooting- Concluded Shooting was Justified
“On Tuesday, June 15, 2021, while responding to a reported kidnapping and s*xual assault call, Chief Gregory Calvin Warren of the Newton Grove Police Department shot Michael Almer Rich, DOB August 30, 1972, three times in the parking lot of convenience store in Newton Grove, North Carolina. The shooting occurred while Chief Warren was on duty. After reviewing the investigation of the North Carolina State Bureau of Investigation and the video of the incident, the shooting was justified because Rich’s actions caused Chief Newton to reasonably believe it necessary to use deadly force to protect his life.
The investigation revealed that on June 15, 2021, Chief Warren was responding to a 911 call related to a kidnapping and s*xual assault case in which Rich was identified as the suspect. Chief Warren was provided information through Sampson County Communications stating that a caller advised that a woman in a silver hatchback car flagged the caller down in the parking lot of the Dollar General in Newton Grove and requested the individual call the police because she was being held against her will and had been s*xually assaulted. Chief Warren responded to the scene and observed the suspect vehicle in the parking lot of Sam’s Circle Mart and a female was sitting in the front passenger’s seat. The vehicle was a Ford Focus. Chief Warren was operating a black unmarked Ford F150, and he was wearing his Newton Grove police uniform. Chief Warren approached the female in the Ford Focus and then he proceeded to Sam’s Circle Mart. Sam’s Circle Mart has a video camera that clearly captured the interaction between Chief Warren and Rich. The video does not have audio. The suspect later identified as Michael Almer Rich exited the store and the chief requested to speak with him. Rich continued to direct his attention toward the Ford Focus while speaking with the chief. Rich began walking away from the chief toward the Ford Focus and female. In an attempt to prevent Rich from moving toward the Ford Focus and female, Chief Warren grabbed Rich’s left shoulder with his left hand. Rich turned toward the chief and with his right hand, Rich pulled a gun from under his shirt. Rich pointed the gun in the direction of Chief Warren’s face. Chief Warren pushed Rich’s gun away from him and then stepped back. He created a space between him and Rich and then fired three rapid shots at Rich. The video depicts Rich turning his side toward the chief after the first shot. Rich fell to the parking lot.
The evidence shows that at approximately 2:40 p.m. on June 15, 2021, Chief Warren shot Rich in the parking lot area of Sam’s Circle Mart located at 104 Clinton Street in Newton Grove, North Carolina. After being shot, Chief Warren held Rich at gunpoint and radioed for medical assistance. The video depicts a deputy with the Sampson County Sheriff’s Office then responding on scene. Chief Warren recovered Rich’s firearm that Rich had been holding and gave the weapon to the deputy. Rich’s firearm was a Smith & Wesson 9mm handgun that had eight rounds in the magazine and no rounds in the chamber. The evidence shows that Rich was shot three times, once in the chest and twice in the right side. The evidence shows that Chief Warren was wearing a black uniform shirt with a Newton Grove Police Department patch on the chest area of the shirt. He was wearing his duty belt with holster and gun, pepper spray, handcuffs, and a handheld radio. Chief Warren was armed with a semi-automatic Smith & Wesson Shield 9mm pistol loaded with an eight-round magazine and one round in the chamber for a total of nine rounds loaded in the gun. Chief Warren was not wearing a body camera nor was his truck equipped with a camera. Chief Warren was interviewed by the North Carolina State Bureau of Investigation and during the interview, he stated he was in fear of his life when Rich pointed his gun at the chief. The evidence clearly shows that Rich was armed and a danger to the chief. The chief sustained no injuries.
Rich was transported for medical care and is currently incarcerated while receiving continued medical care and treatment for his gunshot wounds. The Sampson County Sheriff’s Office investigated the kidnapping and s*xual assault charges. On June 16, 2021, Rich was charged by the Sampson County Sheriff’s Office with first degree kidnapping, first degree s*x offense, felony breaking and entering, and possession of firearm by felon. Rich was served with those warrants while recovering in the hospital. By law, Rich is presumed to be innocent of those offenses unless and until proven guilty beyond a reasonable doubt.
At 3:53 p.m., I was contacted by Special Agent in Charge (SAC) Mitch Deaver of the SBI about an officer involved shooting in Newton Grove involving Chief Greg Warren. I joined with the Newton Grove PD and requested the SBI to investigate. In addition, I had contact with Sheriff Jimmy Thornton of the Sampson County Sheriff’s Office in reference to this shooting. At 4:15 p.m., I contacted Assistant District Attorney Robbert Thigpen of the Sampson DA’s office to proceed to Newton Grove and to keep me updated. Throughout the evening of June 15, 2021 and in the weeks since the shooting, I have remained in contact with the SBI about this investigation. In addition, I have remained in contact with Acting Chief Sgt. Wendy Jones of the Newton Grove Police Department since June 15, 2021. On July 20, 2021, I received reports from the SBI related to this investigation and immediately began reviewing those reports. I have reviewed the video and consulted with SAC Mitch Deaver and Assistant District Attorney Robert Thigpen.
Pursuant to North Carolina General Statute 15A-401, when making an arrest a law enforcement officer is justified in using deadly physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force. Furthermore, the general rules of self-defense and defense of others in North Carolina allow for the use of deadly force when the individual, or honestly, believed in the need to defend himself or others from death or great bodily injury and the individual’s belief is reasonable in light of the circumstances as they appeared to him at the time. Clearly, from the facts and circumstances of this case, the officer was justified in using deadly force to defend himself and others from death or great bodily injury.
A federal judge in North Carolina has ruled that “it is the duty of a law enforcement officer to stand his ground, carry through on the performance of his duties, and meet force with force, so long as he acts in good faith and uses no more force than reasonably appears necessary to effectuate his duties and save himself from harm.” Law enforcement officers are required to instantaneously evaluate and employ force against possible criminal suspects to thwart apparent dangers to citizens and themselves. Officers must perceive, evaluate, decide, and then act often in a matter of seconds.
The perceived danger to the officer must be only apparent, not actual, to justify use of deadly force. Apparent danger is such that it would cause a reasonable person to believe that he was in danger of death or great bodily harm. Although there is evidence of actual danger to Chief Warren, under the law there was also apparent danger. From the evidence, it reasonably appeared to Chief Warren there was a sufficient basis for self-defense. The facts in this case demonstrate the presence of apparent danger to Chief Warren. A person may exercise such force if he believes it to be necessary and has reasonable grounds for such belief. An officer acting in self-defense is presumed to have acted in good faith. Federal courts have held that “The Constitution simply does not require police to gamble with their lives in the face of serious threat of harm.”
Based upon my review of the facts of this case, I have determined that the shooting of Michael Almer Rich on June 15, 2021 was justified to protect the safety and life of Chief Warren as the threat appeared to Chief Warren. Chief Warren perceived an apparent threat, evaluated the situation in split seconds, made a decision and acted. Chief Warren’s actions appear reasonable under all the circumstances of this case. Chief Warren faced apparent danger as perceived by him. Chief Warren was justified in defending himself from death or great bodily injury. There is insufficient evidence beyond a reasonable doubt to show that Chief Warren acted in any manner that was not consistent with his perception of an apparent threat.
I appreciate the thorough investigation by SAC Mitch Deaver, the North Carolina State Bureau of Investigation, and the assistance of the Sampson County Sheriff’s Office.”
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