NEW HANOVER COUNTY — Two Wilmington Police Department officers and one deputy from the New Hanover County Sheriff’s Office were cleared of wrongdoing after they were investigated by the State Bureau of Investigation for the fatal shooting of Edilberto Espinoza Sierra on March 8.
The results of the investigation were announced in a press conference at the district attorney’s office on Wednesday. District Attorney Jason Smith was joined by Wilmington Police Chief Ryan Zuidema and New Hanover County Sheriff Ed McMahon.
“Mr. Espinoza Sierra’s actions imperiled the lives of members of the public and officers responding that early morning,” Smith said, referring to the 21-year-old man fleeing from officers in the Market Street parking deck. “I conclude the officers were justified in defending themselves and others based on the circumstances as they appeared to the officers at the time.”
The DA confirmed that all three officers — who were not named — would be restored to their positions without disciplinary action. All three were put on administrative leave after the shooting per protocol.
Chief Zuidema informed the officers’ names would be released next week after the WPD completes a threat assessment.
Espinoza Sierra’s shooting occurred around 3:15 a.m. on March 8 after officers responded to reports of gunfire in the 100 block of Market Street. According to the North Carolina State Bureau of Investigation, Espinoza Sierra was identified as a suspect initially. Police claimed as they were approaching his vehicle, Edilberto accelerated to flee, prompting officers to discharge their weapons after the suspect’s vehicle hit another car and “narrowly missed officers.” The WPD later arrested a different suspect, 22-year-old Rafael Martinez, for the shooting of 26-year-old David Corpus.
After the incident, Espinoza Sierra’s family disputed the police account, claiming he was unarmed and not the source of the initial shots fired.
They also pointed to a video of the incident showing Espinoza Sierra’s vehicle moving slowly, dodging civilian vehicles in the parking deck while officers tell him to “stop the car.” As officers chase after Edilberto Sierra’s vehicle, one person can be heard saying “shoot him.” The vehicle then heads down the parking deck ramp and disappears from the camera’s view, though the sound of tires screeching and a subsequent crash is audible immediately before numerous gunshots ring out.
At the press conference, the Smith said Espinoza Sierra’s family was informed of his decision not to prosecute the officers in a private meeting Wednesday morning. They were invited to view the full report, of which they accepted, according to the DA.
After the press conference, Espinoza Sierra’s family held a protest at the Market Street parking deck where the incident occurred. Around 15 people chanted “No justice, no peace.” Espinoza Sierra’s sister, Genesis Espinoza Sierra, said they would most likely take the matter to court.
“There’s a dead man, that was murder,” Genesis Espinoza Sierra said. “He was killed. Killing somebody is murder … He would have been here for Mother’s Day. He would have been here for Father’s Day, on his birthday, and he’s not. So, what choice do we have right now?”
Genesis Espinoza Sierra said they didn’t feel safe knowing the officers who shot Espinoza Sierra would be returning to work.
“These officers shot at a man 62 times and you’re just gonna give them a slap on the wrist? That’s not OK,” Genesis Espinoza Sierra said, noting she would like to see the officers terminated.
Smith upheld the narrative that Espinoza Sierra used the car as a deadly weapon, justifying officers’ use of deadly force. He provided a rundown of the events as outlined in the SBI report.
He said law enforcement officers were patrolling Front Street when they heard gunfire in the Market Street parking garage. Upon arrival, the officers located individuals suffering from a gunshot wound.
Smith said officers received information the shooting suspect was a “Hispanic male with curly black hair with blood on him, in a blue vehicle, and that he was armed and dangerous.” The DA said when officers located the vehicle, they saw Espinoza Sierra fit the description. According to the report, officers reported telling Espinoza Sierra to stop the vehicle a total of six times and to show his hands three times. Officers told him if he didn’t stop he would be shot, Smith said.
“He then aggressively accelerated while narrowly missing pedestrians and officers before crashing into two other occupied vehicles,” Smith said. “He continued, attempting to escape by evidence of his tire spinning after rear-ending an occupied vehicle. During this time, it appeared to officers that he was also reaching for something near the center console.”
Smith said officers later located a loaded handgun in Espinoza Sierra’s center console. It was allegedly reported stolen from a vehicle in Spring Lake, North Carolina, in November 2024.
The SBI report indicated seven officers discharged their weapon for a total of 62 rounds fired before pulling Espinoza Sierra from the car and allegedly rendering aid. During press questioning, Port City Daily asked if 62 shots was considered excessive; Smith said no when considering it was seven officers firing multiple shots.
The report noted Espinoza Sierra died at the scene; his autopsy recovered 13 projectiles and two fragments from his body. However, the DA said the full autopsy report has not been completed, thus whether Espinoza Sierra was under the influence or suffering from other ailments is unknown currently. His family has suggested he may have had a concussion from being beaten (having obtained a video of individuals fighting taken shortly before the incident), which would also explain the blood on his face.
“The law is clear and long-established,” Smith said, pointing to several court cases and North Carolina laws that allow officers to use deadly force when they perceive an imminent threat to themselves or others, or to prevent escape by means of a deadly weapon.
The DA then said he would show portions of the officers’ body camera footage to the media, though reporters were barred from recording the viewing. Espinoza Sierra was told to stop and show his hands; the time between these commands and the start of gun fire was a matter of seconds.
In the first video, Officer A said, “He said he’s bloody, this guy just said he’s really bloody,” before he entered the parking garage. The recorded officer then drew his gun and yelled “let me see your f*****g hands” and demanded Espinoza Sierra stop the car. The audio picked up Officer A saying he would shoot Espinoza Sierra if he didn’t stop. The car drove away before multiple rounds of gunfire could be heard.
The second video picks up with Officer B patrolling Front Street at 3:10 a.m. when the call of shots fired came in. Pedestrians and onlookers told the officer the suspect went to the third floor. The video shows the recorded officer drawing his gun.
The third video depicts Officer B running toward the scene with a gun in his hand, yelling at a bystander to stop their call before detaining them. The bystander said they were just trying to get away.
In another video, Officer B is yelling at Espinoza Sierra to stop his car before depicting the car moving before shots ring out.
Another video shows Officer C running before shots are heard.
The final video depicted Officer D telling people to move out of the way before gunfire is heard.
After the videos were played, the authorities took questions.
One reporter asked why the officers did not shoot at the vehicle’s tires; the DA replied WPD’s policy is not to attempt to disable vehicles by shooting tires.
Zuidema further explained he has seen a vehicle continue to be driven even with all four of its tires blown out.
“Whatever the television shows show you, that if we just shoot the tires out then the vehicle is not a threat anymore, it’s just false. That vehicle, as long as the engine is still running [and] someone is able to manipulate the controls of that vehicle, it can still be a threat,” Zuidema said.
Another reporter asked how officers ensured no pedestrians or bystanders were struck by a bullet during the shooting.
“Our officers — I would assume the same for deputies — are trained to obviously know where every round is going,” Chief Zuidema said, noting no one else was injured in the incident.
The chief further praised his officers for their response: “I’m grateful that the officers every day take actions in our community and certainly this is a challenging situation for them. They were involved in it as you saw from something that you just watched in a very chaotic situation where they have to make split-second decisions.”
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