bvelliquette@heraldsun.com; 419-6632
CHAPEL HILL — The Randolph County District Attorney’s Office has determined that an Archdale police officer was justified when he shot and killed UNC Chapel Hill student Courtland Smith in August.
“It is clear from all of the evidence that Officer J.P. Flinchum reasonably believed that he and Officer [D.] Jones were in imminent threat of death or serious bodily injury when he shot Courtland Smith,” said a statement signed by Garland N. Yates, the Randolph County District Attorney.
Investigators found a black Blackberry cell phone next to the ground where Smith fell. They did not find a gun at the scene or in his vehicle, according to the report released Friday.
Smith, the 21-year-old president of the Delta Kappa Epsilon fraternity at UNC, left Chapel Hill early Aug. 23 and was traveling south on Interstate 85 when he called 911 to report that he was drinking, speeding and that he had a 9 mm pistol. He told the dispatcher he was trying to kill himself.
When the dispatcher was finally able to determine where he was and law enforcement officers caught up with him in Archdale, a small town south of Greensboro, they pulled Smith over. Within just a minute or so, Flinchum fired five shots at Smith, and Smith collapsed to the ground.
He was taken to High Point Regional Hospital, where he was pronounced dead.
It’s standard procedure for the State Bureau of Investigation to conduct an investigation into a shooting by a law enforcement officer.
Investigators learned that Smith sent an e-mail to his family members before the shooting “indicating suicidal intent.” The report did not include the transcript of the e-mail.
The report, which was based on an SBI investigation of what happened before and during the shooting, said that Smith “aggressively advanced on the officers, forcing them to retreat to the rear of their patrol cars twice,” the report said.
“He ignored the officers’ repeated and clear orders to stop advancing on them and to show his hands,” it said. “It was reasonable for Officers Jones and Flinchum to assume from Mr. Smith’s actions that he was concealing a weapon behind his back. Finally, Officer Flinchum only fired on Courtland Smith when he suddenly drew his hand from behind his back while holding a black object.”
That object apparently was a black Blackberry cell phone.
The officers had been advised by a 911 dispatcher that Smith had called her and claimed to have a 9 mm pistol, so when they stopped Smith’s Toyota 4Runner, they ordered Smith to stay in his vehicle and show his hands.
Smith ignored their commands to stay in his vehicle, the report stated.
“At one point the officers warned Mr. Smith that because of his actions he was about to get shot,” the report stated. “Mr. Smith then walked backward to his 4Runner, ignoring a command to stop. Upon walking backward to the 4Runner, Mr. Smith kept his hand behind his back. Upon reaching the 4Runner, he leaned into the driver’s side of the car.
“After a few seconds Mr. Smith emerged from the 4Runner and again advanced on the officers placing his left hand behind his back,” the report stated.
“While facing Officer Flinchum from about 10 feet away, Mr. Smith suddenly drew his right hand from behind his back while holding something black in color,” the report stated. “Officer Flinchum fired five shots from his Glock .40 caliber service pistol,” the report said. “Mr. Smith immediately collapsed to the ground.”
