Why Wake DA won’t charge witness who shot, killed man in Raleigh after fight
The Wake County District Attorney’s Office will not charge a witness who saw an argument escalate and killed the alleged assailant, the Raleigh Police Department said Wednesday morning.
Police responded to a shooting on Summit Avenue around 11 a.m. Tuesday and found a man with a gunshot wound to his upper body. The man, Emmanuel Graham, 39, was taken to a hospital where he died.
Graham and another man were arguing before the confrontation became physical, police said the preliminary details indicated. Graham allegedly then took a weapon and struck the man, who fled to Summit Avenue. The two were involved in a domestic relationship.
ABC11, The News & Observer’s newsgathering partner, reported Tuesday the attacker, now identified as Graham, was wielding an ax.
An uninvolved witness saw the fight and believed the other man was in danger, police said. The witness got a handgun and shot Graham once. The witness “stayed on scene and complied with officers during the investigation,” according to police.
The man who was allegedly attacked suffered serious but non-life-threatening injuries
The District Attorney’s Office decided not to charge the witness “after considering the witness statements, video evidence, physical evidence and the overall circumstances,” police said.
Wake County District Attorney Lorrin Freeman wrote in a text to The N&O Wednesday afternoon that the decision not to bring charges “is based on a law of defense of others which allows someone to intervene to prevent deadly harm to another person.”
Police said their investigation is ongoing.
This story was originally published June 3, 2026 at 10:47 AM with the headline "Why Wake DA won’t charge witness who shot, killed man in Raleigh after fight."
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