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Officer cleared in fatal shooting of UNC student

Friday, December 4, 2009
(Updated Saturday, December 5 - 4:33 pm)

— The fatal shooting of a UNC-Chapel Hill student during a traffic stop last August was justified, Randolph County’s district attorney has ruled.

Archdale police officer Jeremy Flinchum believed “he faced an imminent use of deadly force from Courtland Smith when he fired his service pistol,” the district attorney, Garland Yates, said in a news release Friday.

Yates said that Smith didn’t cooperate with officers’ demands to show his hands and that Smith made a sudden move at officers with “something black in color” during the Aug. 23 incident.

That black object later was identified as a BlackBerry cell phone, according to Yates. He did not indicate that a weapon was recovered from the scene.

The prosecutor and his office refused to comment beyond the information in the press release.An Asheboro attorney representing Smith’s family had no comment, and Smith’s parents were unavailable at their Houston home.

Here is an account of the incident based on Yates’ statement and on information previously released on the case:

Smith, 21, called 911 as he traveled into Guilford County in his gray Toyota 4Runner about 4:30 a.m. Aug. 23.

In the 911 call, Smith indicated to the dispatcher that he was drunk and driving at speeds up to 110 miles an hour and that he was suicidal and armed with a 9 mm pistol.

Smith wanted the dispatcher to help, asking whether she could send an officer to pick him up or give him a ride.

The dispatcher tried to get Smith to slow down and pull over, but to no avail. She also worked to pinpoint his location as he traveled west on Interstate 40/85 and to find out who he was.

“I mean I’m trying to kill myself on I-40,” Smith told the dispatcher.Information that the driver was speeding and might be intoxicated, suicidal and armed was relayed to authorities in Randolph County, Yates wrote in the news release.

Two marked Archdale police cruisers — one driven by Officer D. Jones and the other by Flinchum — caught up with Smith’s SUV just north of the Trinity bridge on I-85 South. The SUV was weaving back and forth and going an estimated 90 mph.

The officers had their lights and sirens activated, and Smith pulled over near Exit 108.

Jones parked behind the SUV, and Flinchum parked behind Jones. Both officers got out of their patrol cars, and after 15 seconds, the driver of the SUV, who was later identified as Smith, got out of his vehicle.

Officers drew their weapons — .40-caliber Glock handguns — and told Smith to get back in his car and show his hands.

“Mr. Smith placed both hands behind his back and ignored the officers’ commands to show his hands,” Yates wrote. Officers took cover behind Jones’ cruiser.

Yates said that Smith revealed his left hand but refused officers’ demands to show both.

“At one point, the officers warned Mr. Smith that because of his actions he was about to get shot,” Yates wrote.

Smith eventually walked backward toward the driver’s side of his SUV and reached inside.

After a few seconds, Smith re-emerged but continued to ignore officers’ demands — keeping at least one hand behind his back. He walked toward the officers.

The officers retreated to the rear of Flinchum’s patrol car and “attempted to speak to Mr. Smith, telling him not to do anything stupid, and that they just wanted to talk to him and help him.”

Smith walked directly toward Flinchum . From about 10 feet away, Smith pulled his right hand from behind his back and was holding a black object — later found to be the cell phone.

Flinchum fired five shots. Four rounds hit Smith — two fatal rounds struck his abdomen and one each struck his left thigh and upper back. The shot to the back penetrated just slightly below the skin and is thought to have ricocheted or been deflected. Smith later died at High Point Regional Medical Center.

In addition to the phone, SBI agents recovered a half-empty bottle of Jack Daniel’s brand whiskey from the vehicle and five spent shell casings.

An autopsy revealed Smith had a blood alcohol level of 0.22, and the SBI investigation revealed Smith had sent an e-mail to family members indicating he was suicidal, Yates wrote.

Officials at UNC-Chapel Hill have said Smith’s fraternity — Delta Kappa Epsilon — served alcohol at a party hours before the student was killed. The fraternity was put on probation for violating university alcohol policies.

Audio and video of the traffic stop were captured by dashboard cameras in the officers’ vehicles.

In October, a Randolph County judge barred release of the tapes to the public until the district attorney ruled on the matter.

However, Smith’s family has filed a motion to keep the tapes sealed. A hearing on the matter is scheduled for the week of Dec. 14.

“Such release would do irreparable and needless harm to the memory of their son and to his family and close friends who survived him,” the court motion states.

Archdale police Chief Darrell Gibbs said the district attorney’s ruling confirms his department’s review and conclusion that the officers’ actions were justified.

“Certainly this was a tragic event for all involved, and our condolences go out to the family of Courtland Smith,” he said.

Smith served as president of the fraternity and was a junior majoring in biology. The fraternity is building and dedicating a Habitat for Humanity house in his memory.

“We miss our friend and brother more than most can imagine,” DKE alumnus Chris Rice said.

“As a fraternity we are doing our best to be together and support one another and will continue to do so as Courtland would want us to move forward.”

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

 

 

Accompanying Photos

The Daily Tar Heel

Photo Caption: Courtland Smith

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