ASHEVILLE, N.C. (828newsNOW) — An Asheville police officer was justified in fatally shooting an armed man who was firing a handgun outside a downtown bar in July, Buncombe County District Attorney Todd Williams has determined.
Williams said Monday that his review of the July 15 shooting outside Shakeys found no violation of North Carolina law and that no criminal charges should be filed against the officers involved.
Williams said he reviewed body-worn camera footage, video from the business and evidence gathered during an independent investigation by the North Carolina State Bureau of Investigation.
“Based on my personal review of this matter including review of body worn camera video and video obtained from the business, I have determined that no violation of North Carolina law occurred,” Williams said in a statement.
What happened outside Shakeys
The shooting happened early July 15 in the parking lot outside Shakeys, at 38 N. French Broad Ave. in downtown Asheville.
Officers Joshua Dobson and Andrew Mazeika responded after reports of a disturbance involving an armed man who had become aggressive with bar staff, according to Williams.
Police received reports while the officers were on their way that about 10 shots had been fired in the area.
Williams said Dobson and Mazeika heard gunfire when they arrived. As Dobson approached, he saw Arturo Castillo Palomar firing a handgun near a vehicle in the parking lot, according to the district attorney’s account.
Williams said Dobson saw muzzle flashes and heard gunfire and believed Castillo Palomar posed an immediate threat to officers and people at the bar. Dobson fired his rifle, striking Castillo Palomar.
Castillo Palomar was pronounced dead at the scene. No officers were injured.
The SBI later identified Castillo Palomar as a Saluda resident.
Bar staff sheltered customers inside
Shakeys provided additional details about what employees and customers experienced that night.
The business said Castillo Palomar had been asked to leave earlier because his behavior had concerned staff. He was later seen in the parking lot with a firearm.
Employees moved customers inside, locked the doors, called 911 and followed a dispatcher’s instructions to stay on the floor and away from windows as shots were fired outside.
No Shakeys employees or customers were physically injured.
“Because of everyone’s quick actions, cooperation and concern for one another, every customer and every employee inside Shakey’s made it home safely,” the business said in a statement after the shooting.
SBI investigation sent to district attorney
Asheville police asked the SBI to investigate the shooting, standard procedure after an officer-involved shooting.
The SBI said at the time that officers arrived to find gunfire already underway and saw a person actively firing a weapon in the parking lot. The agency later turned its findings over to the district attorney’s office for review.
Williams determined Dobson reasonably believed deadly force was necessary to prevent imminent death or serious injury.
“While it is tragic that Mr. Castillo-Palomar lost his life in this manner, it is fortunate that the immediate threat posed by him was neutralized without additional loss of life to bystanders and officers,” Williams said.
Williams also praised Dobson and Mazeika for their response.
“When responding to this incident, A.P.D. Officers Dobson and Mazieka went toward an immediate danger and active shooter to protect our community,” Williams said. “Their bravery and decisive action under threat of live gunfire very likely saved lives.”