Judge OKs release of body camera footage in Raleigh officer’s fatal shooting of Turcios

A North Carolina Superior Court judge approved the release Wednesday of body camera footage from the five officers who were present when one of them shot and killed Daniel Turcios on Interstate 440 last month.

The decision comes after the Raleigh Police Department petitioned the court for the release of the footage — a step required by state law when seeking to release such footage. At a Wednesday hearing, held remotely, the department said that footage is critical in maintaining transparency with the community.

Turcios, a 43-year-old native of El Salvador, was shot at five times by Officer A.A. Smith over the course of about five seconds on Jan. 11.

Judge G. Bryan Collins Jr., in Wake County, approved the release of the five videos from responding officers with minor redactions, blurring graphic images of Turcios’ injuries, the face of a child present in the video and muting portions that show witnesses giving their personal information to officers.

No portions of the footage were cut, he said.

Raleigh police said the body camera footage would provide the public with a broader context of what led to the shooting, noting that a witness video depicting parts of the incident had already circulated online.

The N&O has asked Raleigh police for details about when the footage will be released to the public.

What police, family say led to the shooting

Prior to the shooting, Turcios had been involved in a crash that caused his car to flip over, police and family members said.

He had a limited understanding of English and was severely disoriented by the crash, his family said.

When officers arrived at the scene, Turcios was holding a knife and walking away with his 7-year-old child. Officers followed him, ordering him to drop the knife.

Police say he refused, but family members and community advocates have said he did not understand their commands.

Officers followed Turcios, with Sgt. W.B. Tapscott firing a Taser at him. Turcios fell to the ground, and as officers attempted to take him into custody, they say he swung a knife at them.

Smith fired two shots, striking Turcios. Police say Turcios tried to get back up, prompting Smith to fire three additional shots. Police have not said whether those shots hit Tucios.

Dawn Blagrove of Emancipate NC previously told The News & Observer that while Turcios “had a very small pocket knife,” it did not justify police shooting him.

SBI investigation

Both Smith and Tapscott have been placed on administrative duty, as is police department procedure. The State Bureau of Investigations is conducting a criminal investigation, while RPD conducts an internal investigation to determine whether officers violated policy.

The SBI will turn over its findings to Wake County District Attorney Lorrin Freeman, who will decide whether charges are filed.

At Wednesday’s hearing, Freeman said the SBI had completed “all key interviews,” but said she had not received their findings. She said her office had no position on the release of the footage.

Attorneys representing Turcios’ family also supported release of the footage.

Multiple residents voiced concerns over police brutality at a city council meeting on Tuesday, pointing to the shooting of Turcios as an unwarranted killing.

“I call on the city council to stand by the people of Raleigh and help us in holding these officers accountable,” one resident said.

In a statement Wednesday, Blagrove said Emancipate NC is “pleased that the video is being released.”

“Transparency is critical to public trust,” she said. “Everyone should have an opportunity to see how and why a man was shot to death in front of his family.”

This story was originally published February 2, 2022 at 3:04 PM with the headline "Judge OKs release of body camera footage in Raleigh officer’s fatal shooting of Turcios."