Local News

DA: Raceway shooting was self-defense

Posted December 17, 2010

— No charges will be filed in a fatal shooting at a Sampson County racetrack because it was a case of self-defense, District Attorney Dewey Hudson said Friday.

Timothy McKoy, 29, of Garland, died after being shot in the head and chest on July 4 at Harrells Raceway.

Investigators determined that McKoy pointed a gun on Torrey Tremayne Frederick and threatened to kill him, but the racetrack owner ordered McKoy off the property, Hudson said. A bystander gave a gun to Frederick, who tried to leave the parking lot but couldn't because his keys were locked inside his pickup.

As the racetrack owner and a bystander tried to calm Frederick down and get the gun away from him, McKoy, who had returned to the racetrack, drew his gun again and pointed it at Frederick and the two men, Hudson said. Frederick then yelled for the men to move as he shot McKoy.

Frederick then threw down the gun and jumped in a car to leave the racetrack, Hudson said.

An autopsy determined that McKoy had a blood-alcohol level of 0.32. Under state law, a person is considered impaired with a blood-alcohol level of 0.08.

"Based upon the witness statements, it appears that McKoy was, in fact, the aggressor," Hudson said in a statement. "The shooting death of Mr. McKoy, while tragic, was justified under the law."

Frederick, 32, of Ivanhoe, was charged with possession of a firearm by a felon in the case.


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  • oustobama12 Dec 17, 2010

    Since he is a felon, I guess he felt the need to leave the scene. Hence, the charge I think he received.

  • fl2nc2ca2md2nc Dec 17, 2010

    "Can you shoot someone in self-defense and leave the scene?"

    Wouldn't think so unless you felt you were still in danger.

  • oustobama12 Dec 17, 2010

    Are charges going to be filed or not? I understand he is not going to be charged with the shooting death, but what about the part about Possession of a Firearm by a Felon? Sounds like he was charged with that.

    He defends himself, legally, with an illegal method. Wow. I am confused.

  • dwr1964 Dec 17, 2010

    Wondering why the DA feels the need to justify his or her decision not to prosecute. If no charges are to be filed, don't file them. Personally, I don't need an explanation.

  • The Deadhead Dec 17, 2010

    I must be tired. The way this article reads, it does not make any sense. Was the "bystander" who gave Frederick the gun the same bystander who also tried to take the gun away from him? Can you shoot someone in self-defense and leave the scene?

  • Mr. Sensible Dec 17, 2010

    People are really something else. What could have been wroth such an argument in the first place. Somebody had to defend their poor little ego ,,,,
    When are we going to demand that people get schooled on common sense.
    Your friends should tell you if you should give up drinking because you are not rational when you're drunk.

  • Common Sense Man Dec 17, 2010

    Looks like Frederick got picked up recently for trafficking cocaine and possessing two more guns. Bye bye. Hopefully they go federal b/c this dude has more felony convictions than I have toes and fingers.

  • hpr641 Dec 17, 2010

    Scare Crow ... that's what I'm thinking: Isn't placing a firearm in the hands of a felon a crime under ANY of our general statutues? It apparently occured while McCoy was away and Frederick was heading for his truck to drive away.

  • TheDude abides... Dec 17, 2010

    "how 'bout the guy who gave him the gun?"

    He should be given a medal for saving the lives of 3 people.

  • fl2nc2ca2md2nc Dec 17, 2010

    Absolutely the right decision in this case. Note that Frederick was charged with possession of a firearm by a felon. In my book, being a felon shouldn't mean that you can't defend yourself. It's not like he brought the gun with him, but he sure as heck was lucky it was provided to him. Still a tragedy but when you live by the sword...