North Carolina Police Shootings: Legal Implications for Victims and Families

On August 14, 2024, two separate police shootings occurred in North Carolina, resulting in one fatality and one injury. These incidents highlight the complex interactions between law enforcement and individuals experiencing mental health crises or domestic disputes.

Bertie County Incident: Fatal Shooting During Involuntary Commitment

In Bertie County, deputies were attempting to serve an involuntary commitment order on 28-year-old Tyshawn Barnes when the situation escalated fatally.

Key details of the incident:

• Barnes had previously fired shots at deputies in a 2019 incident
• When asked to exit his home, Barnes emerged with a firearm
• After an initial misfire, Barnes re-entered the home and returned, shooting at deputies
• Deputies returned fire, resulting in Barnes' death at the scene

The Bertie County Sheriff's Office acknowledged the tragic nature of the outcome, stating, "Today's unfortunate circumstances are never the outcomes we wish for." They also noted the prevalence of mental health issues nationwide.

Mt. Airy Shooting: Injury During Domestic Violence Order Service

In a separate incident in Mt. Airy, Surry County deputies were serving a domestic violence restraining order when they encountered armed resistance.

Incident details:

• Deputies attempted to serve an order on 63-year-old Roger Payne
• Payne barricaded himself inside his home
• After failed negotiations, Payne fired shots at deputies
• Deputies returned fire, injuring Payne

Payne was treated for minor injuries and subsequently charged with multiple offenses, including assault with a deadly weapon with intent to kill an emergency worker.

Legal Implications and Victims' Rights

These incidents raise important questions about use of force, mental health crisis response, and the rights of individuals involved in police shootings.

Key legal considerations:

• Proper execution of involuntary commitment and restraining orders
• Appropriate use of force by law enforcement
• Mental health crisis intervention protocols
• Rights of victims and their families in officer-involved shootings

Attorney Commentary

Michael Haggard, Esq., a renowned crime victim attorney, offers his perspective on these incidents: "These tragic events underscore the critical need for improved mental health crisis response and de-escalation techniques in law enforcement. While officers have the right to protect themselves, we must also ensure that individuals experiencing mental health crises receive appropriate care and intervention. Families of victims in such cases may have legal recourse, particularly if proper protocols were not followed or if excessive force was used. It's crucial for affected individuals and families to understand their rights and seek experienced legal counsel to navigate these complex situations."

By staying informed about such incidents and understanding your rights, you can better protect yourself and your loved ones. If you or someone you know has been affected by a police shooting or similar incident, don't hesitate to seek legal advice to explore your options for justice and compensation.

Source:

https://spectrumlocalnews.com/nc/charlotte/news/2024/08/14/deputies-shoot--kill-man-while-attempting-to-serve-order-in-bertie-county