D.A.: No charges against NCCU police in fatal shooting

Apr. 15, 2014 @ 05:28 PM

District Attorney Leon Stanback said Tuesday his office won’t seek charges against N.C. Central University police in last fall’s fatal shooting of an armed man on campus.

Stanback said in a release that after reviewing evidence in the Sept. 23 shooting of Tracy Daquan Bost, 22, of Charlotte, he determined that officers acted lawfully in shooting Bost after he opened fire at them.

“Mr. Bost took cover in a thicket located on the campus, where he continued to threaten law enforcement with additional gunfire,” Stanback wrote. “He ignored multiple commands by law enforcement to relinquish his weapon and surrender, thus placing the officers in danger of great bodily harm and death.

“Although this is a tragic turn of events, nothing from the complete investigative report indicates any willful, malicious or criminally negligent conduct by law enforcement or the existence of the use of unreasonable or excessive force.”

NCCU Police Chief Timothy Bellamy said his officers fatally shot Bost late at night in woods near the School of Education. He said Durham police were searching for Bost in connection with a residential break-in off campus, during which weapons and other property were stolen, and an armed robbery downtown. Both happened earlier that day.

Three NCCU officers and Bost, who police said was carrying a shotgun, exchanged fire twice. The second exchange killed Bost. The gunfire resulted in a campus lockdown for hours.

Bost was shot once in the chest and once in the left thigh, according to an autopsy report. The bullet to his chest broke apart and wounded his heart and lungs, killing him, the report stated. A toxicology report found no drugs or alcohol in his system except for antihistamine.

Bost wasn’t a student at the university. He had been on parole since the beginning of May 2013.

His record dates to 2008 and includes multiple counts firearms theft, felony breaking and entering, forgery, resisting an officer and reckless driving.

Bost was the fourth person to die last year in Durham during an officer-involved shooting. The other three involved Durham city police officers.

In all four cases, Stanback’s office found officers’ actions justified.