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DA won’t file charges in shooting by deputy

Saturday, January 31, 2009
(Updated Monday, February 2 - 7:06 pm)

GREENSBORO - No charges will be filed against a Guilford County sheriff’s deputy who fatally shot a Pleasant Garden man outside his home in late September, the District Attorney’s Office announced Friday.

Following a review of the State Bureau of Investigation’s findings, District Attorney Doug Henderson  cleared Deputy Vic Maynard  in the Sept. 29  shooting of Dylan William Hartsfeld.

Hartsfeld, 25,  was shot outside his home at 307 E. Steeple Chase Road.  Investigators said Hartsfeld had attempted to attack Maynard and others with a bush ax, according to Henderson’s office.

Maynard “acted reasonably and lawfully” when “he found himself confronted with an imminent threat of deadly force, and used deadly force to protect his life and the lives of others at the scene,” Henderson said, explaining his decision.

Bill Hartsfeld,  Dylan’s father, said he was unhappy and disagreed with Henderson’s decision, but he offered no official statement Friday afternoon. His attorney, Seth Cohen,  also had no comment Friday.

Dylan Hartsfeld was a veteran of Operation Iraqi Freedom and Operation Enduring Freedom in Iraq and Afghanistan with the U.S. Army, serving with both the 3rd and 25th Infantry Divisions.

Family and friends have said they believe he suffered from post-traumatic stress disorder related to his deployments, although he was never given an official PTSD diagnosis.

Henderson said Friday that Dylan Hartsfeld’s blood alcohol content was .16  when he was shot.

“The only bizarre thing is why he did it in the first place,” Henderson said in an interview. “It’s inexcusable and tragic. It’s just sad any way you look at it.”

According to Henderson, the SBI’s investigation revealed the following events on Sept. 29:

Shortly after 3 p.m.  that day, Maynard went to Hartsfeld’s residence in response to a 911 call about an injured man, who was seen running into nearby woods with what was described as a hockey stick.

Dispatchers advised responders to “use caution” when approaching the home, based on previous law enforcement calls there.

When Maynard arrived, EMS and fire officials were on the scene and told him that Dylan Hartsfeld had run into nearby woods. His father, Bill Hartsfeld,  told Maynard that his son had a “stick” with him.

Deputy Maynard and the father walked toward the woods, and the deputy shouted for Dylan Hartsfeld to “drop the weapon,” which at first appeared to be a large machete.

Maynard continued to shout for Dylan Hartsfeld to “freeze,” “stop” or “drop your weapon,” but the man continued to advance toward him.

When Dylan Hartsfeld got within 20 feet of the deputy, Maynard drew his service weapon and pushed Bill Hartsfeld out of the way into a safe position.

The deputy continued to shout commands as Dylan Hartsfeld advanced toward the deputy with the weapon, which “was ... raised in a position which it might be used in an aggressive fashion.

“When the armed subject had closed to within approximately 10 feet of Maynard, (he) fired two shots at the subject, striking him with both,” the news release states.

EMS officials immediately began treating Dylan Hartsfeld and transported him to Moses Cone Hospital, where he was pronounced dead.

 According to the 911 tape, Bill Hartsfeld called 911 seeking help for his son, who had fallen down a flight of stairs. He was concerned his son might have injured the shoulder that recently had been operated on.

On the 911 tape, the two men can be heard arguing about whether Dylan Hartsfeld was going to the hospital.

Guilford County Sheriff BJ Barnes  said he plans to hold a news conference Monday afternoon to provide more details about the shooting and explain to the public what happened.

“It’s important for the community to know what’s going on,” Barnes said. “I am appreciative that the findings of the District Attorney exonerated the officer. Hopefully, Monday we can show what this officer and our folks out there go through.”

 

Staff writer Sonja Elmquist contributed to this report.

 

Contact Ryan Seals at 373-7077 or ryan.seals@news-record.com

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