Local News

DA reviewing whether to pursue charges against officer in Wake inmate's death

Posted July 25, 2013

— Wake County District Attorney Colon Willoughby said Thursday that he's still reviewing a State Bureau of Investigation report to determine whether charges should be filed against a detention officer after an inmate died.

Shon Demetrius McClain, 40, was at the Wake County Detention Center on June 4 awaiting a court date on misdemeanor charges when, authorities said, he was involved in an altercation with officer Markeith Council.

McClain died 13 days later from blunt force trauma to the head and neck, according to an autopsy report.

The Wake County Sheriff’s Office has said that Council, who has been a detention officer at the jail since 2009, was defending himself.

Council was also injured but has since recovered and is on administrative duty at the jail.

Willoughby said the SBI submitted its findings last week and that he is still in the process of determining whether the case warrants charges or further investigation.

"We get a few cases from the department of corrections where an assault is alleged by an inmate against a correctional officer, but it's rare that we get one in which someone's been killed," Willoughby said.


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  • wiz Jul 26, 2013

    I won't there, so I can't make an accurate response to this story. I can't say who was in the wrong, whether it was Officer Counsil or Mr. McClain. The point is, an inmate has died resulting from whatever happened.

    I personally have been on both sides of the fence. Some Detention Officers are more aggressive than others, & so are inmates. At a Misdemeanor level, I would think that Mr. McClain did not pose much of a threat, maybe agitated, but not to the point of a serious confortation with the Officer. I may & could be wrong.

    The investigation of the death of inmate Mr. McClain should be done with an outside agency, not by officials from Wake Co..

    My condolences to the family & don't forget about Officer Counsil who will have this incident permanently tatooed in his mind.

    No winners here...

  • thepeopleschamp Jul 26, 2013

    "Everyone knows Colon and Donnie go back a long time and are part of the "good ole' boy" network." lessgovtisbettergovt

    So if the Sheriff knows the DA it's automatically a good ole' boy network? They are supposed to know each other. Any time someone doesn't get their way everyone above them is suddenly in a "good ole' boy network".

  • thepeopleschamp Jul 26, 2013

    "The victim did not have a weapon; especially in jail." dsdaughtry

    Hands, elbows, feet, knees, can all be used as weapons, especially in jail.

  • dadsgoose98 Jul 26, 2013

    Liberals,,,Please correct me if I'm wrong. In my opinion, had the detention officer been White, Barber and the naacp would be all over this !

  • less_govt_is_better_govt Jul 26, 2013

    Everyone knows Colon and Donnie go back a long time and are part of the "good ole' boy" network. Remember, in NC, a police officer can do as they please while on the job and face no consequences. If there is not a policy against the LEO's actions, the agency can simply write off the officer's actions as a "policy failure" and slap them on the wrist while they keep their cushy govt job.

    There is a REASON Donnie Harrison does not want bailbonds numbers in the jail, to keep them stacked full so his numbers look good come re-election time.

  • LastSon1981 Jul 26, 2013

    Wow people hear are making judgement calls while calling a Detention Officer a CO (which means Corrections Officer by the way)inmate at the jails call Detention Officers CO because a lot of them have been to prison where Corrections Officers work for very little pay. I know Officer Council hes the type of Officer we need in Prisons and Jails but the fact the DA doesnt seem to know the difference between detention and corrections and that he is about as clueless as you all makes it look grim for Council.

  • Cock a doodle doo Jul 25, 2013

    "There should be no charges filed at all." -drifter99

    You weren't there and neither was I. It's not for a bunch of couch potatoes on a laptop to decide, it's for the SBI and the DA. If you were in fact a CO, you should be the first to know and uphold that.

  • dsdaughtry Jul 25, 2013

    WRAL should have been requesting under the "freedom of information act" the jail video from this altercation. If the jail can release mug shots to the general public, then video should not be too hard to obtain.

  • rachel Jul 25, 2013

    I do hope all the people on here saying the officer should be charged with homicide realize that if they push hard enough, often enough-they will get exactly what they want- no one stupid enough to do such a thankless job for such a bunch of ingrates. You couldn't pay me enough to make me want to tenderly babysit a bunch of petty criminals. Keep trying to go after the people doing these jobs, who run grave risks of getting hurt everyday, and next time you call needing help-whoops, too bad, no one wanted the job, defend yourself.

  • icdumbpeople Jul 25, 2013

    No... if you attack an officer- what ever happens happens. Period.