No charges will be filed against a trooper with the N.C. State Highway Patrol who shot and killed a 67-year-old man in April, District Attorney Ben David announced today.
Trooper Jason Kiser was placed on administrative leave while the N.C. State Bureau of Investigation (SBI) investigated the fatal shooting of Maynard Paul Thomas on April 13. Kiser has been cleared of any wrongdoing in the shooting, David said.
Related story: SBI investigating fatal officer-involved shooting in Pender County
The incident occurred after troopers responded to a hit-and-run at 740 Sloop Point Road in Hampstead at 10:49 p.m. April 13, according to N.C. State Highway Patrol 1st Sgt. Jeff Gordon. During an encounter with law enforcement at a home at 716 Sloop Point Road, Thomas was shot after he reportedly pointed a weapon at Kiser, Gordon said.
“All of the evidence suggests that Trooper Kiser of the North Carolina State Highway Patrol fired his weapon when Maynard Thomas failed to follow his commands–commands that gave full notice of his authority to enter the private premises to continue his criminal investigation,” David said. “Trooper Kiser, who implored Thomas to show his hands, repeated commands for Thomas to drop his weapon as Thomas picked up a loaded shotgun and pointed it at the trooper.”
According to a summary of the facts of the case presented in today’s press conference, the couch where Thomas was sitting was 10 feet from a window. When Thomas raised a shotgun in Kiser’s direction, the trooper fired two shots through the window, striking Thomas. Thomas died at the scene.
A second weapon was found under a blanket on the sofa where Thomas and two others were sitting. Dozens of other weapons were also found in the home, David said.
“Trooper Kiser had the right to defend himself and other officers against an armed subject who pointed a loaded weapon at him and refused to obey his lawful commands,” David said. “The force used by Trooper Kiser was reasonably necessary to protect himself and others from harm given the actions of Maynard Thomas.”
According to Noelle Talley, spokeswoman for the N.C. State Bureau of Investigation, the SBI investigated the shooting at the request of David and the N.C. State Highway Patrol.
