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Trooper cleared in fatal shooting

Friday, September 19, 2008
(Updated 8:08 am)

MARION (AP) — 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 prosecutor said.

Trooper Andy Waycaster was transporting Daniel Boyd Cole Jr. for an alcohol test, but had not handcuffed Cole because he was not under arrest, authorities said.

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

Greenway said Waycaster's use of deadly force was justified in the March 14 incident. The State Bureau of Investigation investigated.

Waycaster had stopped Cole's car for a seat belt violation. The trooper smelled alcohol on Cole's breath and placed him in the front seat of his patrol car so he could take him to a nearby station for a Breathalyzer test.

Cole produced a folding razor knife as the patrol car approached Interstate 40. He used the knife to cut Waycaster, who suffered extensive injuries to his face and arms. He has since returned to duty.

Cole was killed by a single gunshot wound to his left chest, the N.C Medical Examiner's Office said. The autopsy found Cole had a blood-alcohol level of 0.11, above North Carolina's legal limit of 0.08 for driving.

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