Thomas Five-day Report

CITY OF RALEIGH INTEROFFICE MEMORANDUM To:

J. Russell Allen, City Manager

From: Harry P. Dolan, Police Chief Date:

October 7, 2009

Re:

Preliminary Report of September 30, 2009 Officer Involved Shooting

An officer involved shooting occurred on September 30, 2009 at 628 Hutton Street, off Blue Ridge Road. The State Bureau of Investigation is conducting a criminal investigation of the shooting and will present the completed investigation to District Attorney Colon Willoughby for review. The Internal Affairs Unit of the Raleigh Police Department is conducting an administrative investigation of the use of deadly force by the officers. When complete, the administrative investigation will be reviewed by supervisory staff. The detective division is investigating the crimes committed by the suspect who was shot. All investigations are ongoing. The preliminary review of the incident shows the following: On September 30, 2009 at approximately 1:10 p.m., Justin Lamar Thomas parked his vehicle on the street outside the South West District Police Station, located at 601 Hutton Street. Mr. Thomas exited his vehicle and discharged a firearm into the air. Lt. Niemann was inside the South West District Station and heard the shot. Lt. Niemann had observed Mr. Thomas park his vehicle just before he heard the shot. He looked outside and saw Mr. Thomas staring at the police station but did not see a weapon at that time. Lt. Niemann along with several other officers went outside to investigate. When they approached Mr. Thomas and identified themselves, Mr. Thomas stepped back from his vehicle and displayed two handguns. Officers ordered Mr. Thomas to put down the weapons. Mr. Thomas refused to comply with their commands and began to walk away from them, heading west toward Blue Ridge Road. Officers followed Mr. Thomas and notified communications. Several other units responded to the area to stop traffic and establish a perimeter around Mr. Thomas. Mr. Thomas made his way to the offices of NCSU COMTECH, located at 628 Hutton Street, Suite 106. Officers observed him as he was going into the facility and quickly surrounded the building. Mr. Thomas ordered all of the employees at NCSU COMTECH to exit the building and then barricaded himself inside.

Mr. Thomas was observed pointing his firearms at his head and waving them around in the air. Officers attempted to locate and evacuate all civilians in the area. Mr. Thomas repeatedly came outside the building at both the front and rear entrances. Each time he came to the door he was armed with two handguns. Several attempts were made to establish communication with Mr. Thomas. Sgt. Rosa, Senior Officer Batton, Master Officer Patercity and Senior Officer Reeves were stationed together at the rear of the business. Sgt. Rosa attempted to engage Mr. Thomas in conversation each time he would appear at the rear entrance to the building. At approximately 2:30 p.m., Mr. Thomas exited the rear of the building with both handguns and was ordered by Sgt. Rosa to drop his weapons. He pointed one of the handguns at his own head and went back inside. A few moments later he came back out with the handguns and pointed them in the general direction of Sgt. Rosa and the other officers who were with him. He was given commands to drop his weapons. He refused to comply and went back inside. After another brief moment, Mr. Thomas came out a third time with a handgun in each hand. His finger was plainly visible inside the trigger guard of the weapons. Sgt. Rosa commanded him to drop the weapons. Mr. Thomas refused to comply with Sgt. Rosa’s commands and began to bring the handguns up and point them at the officers. At that time Sgt. Rosa, Senior Officer Batton and Master Officer Patercity discharged their firearms. Sgt. Rosa fired one round from his Department issued shotgun, Senior Officer Batton fired one round from his Department issued shotgun and Master Officer Patercity fired one round from his Department issued handgun. The suspect was struck one time, fell to the ground and was taken into custody. Medical personnel, who had been staged nearby the scene at the request of departmental personnel, rendered immediate medical attention and transported Mr. Thomas to Wake Medical Center. No officers were injured during this incident. Mr. Thomas was admitted to Wake Medical Center and, at the time of this report, is listed in stable condition. Upon his release from the hospital, Mr. Thomas will be charged with six (6) counts of Second Degree Kidnapping, six (6) counts of Assault With a Firearm on a Law Enforcement Officer, one (1) count of Going Armed to the Terror of the Public and one (1) count of Discharging a Firearm within the City limits. Pursuant to departmental policy, Sgt. Rosa, Senior Officer Batton and Master Officer Patercity were placed on administrative duty.