ASHEVILLE, N.C. (828newsNOW) — No criminal charges will be filed against Asheville police officers who shot a knife-wielding man at the Westmont Commons apartments in June, Buncombe County District Attorney D.A. Williams said Tuesday.
Williams said he reviewed body-worn camera footage, physical and visual evidence and interviews conducted by the North Carolina State Bureau of Investigation before determining the officers’ use of deadly force was justified under North Carolina law.
The June 7 shooting happened at the Chamberlain Drive apartment complex after Asheville police responded around 6:17 p.m. to reports of a man armed with a knife, according to the Asheville Police Department.
The man, identified by Williams as 27-year-old Curtis Kavanaugh Zane, was on a third-floor balcony when officers arrived, police said. He reportedly threw a chair and other items from the balcony before going down a stairwell while carrying a knife.
Officers repeatedly ordered Zane to drop the weapon, according to police. Once he reached the bottom of the stairwell, police said, he ran toward officers while holding the knife.
Williams said Zane was carrying an 8-inch kitchen knife above his head and was advancing aggressively toward officers.
After reviewing the evidence, Williams said he determined that no violation of North Carolina law occurred.
Williams said the officers involved — identified in his statement only by their initials, R.W. and B.S. — told investigators they feared for their lives and believed Zane presented a deadly threat.
The officers also told investigators that less-lethal options, including a Taser or pepper spray, were unlikely to stop the threat because of the distance between them and Zane and the speed of his advance, according to Williams.
Under North Carolina law, deadly force may be justified when a person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another person, Williams said.
Williams said the evidence showed the officers had a reasonable and lawful belief that deadly force was necessary because of Zane’s direct advance toward them and his continued possession and display of the knife.
The officers fired their weapons, striking Zane.
Immediately afterward, another Asheville officer, identified as A.M., secured the knife and provided medical aid, including packing Zane’s wounds, Williams said.
Zane suffered severe injuries but remained conscious and was able to communicate to a limited degree while receiving treatment at the scene before being taken to the hospital, according to Williams.
He was transported to Mission Hospital, where he was initially listed in critical but stable condition. No officers were injured.
The North Carolina SBI investigated the shooting, as required under Asheville Police Department protocol for officer-involved shootings.
Williams said no criminal charges will be initiated against any officer involved in the shooting.