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Inmate Shot, Killed in Escape Attempt

Posted January 22, 2008

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— An inmate trying to escape a Johnston County prison was shot and killed Tuesday afternoon, a Department of Correction spokesman said.

Adelino Najera, 33, scaled two fences surrounding Johnston Correctional Institution about noon, DOC spokesman Keith Acree said. A correctional officer shot and killed Najera after he ignored repeated commands to stop.

"At a medium-security institution like this, state law does allow corrections officers to use deadly force to stop an escaping felon," Acree said. "And that's what they did in this case."

Najera, who died at the scene, was serving a 10-year sentence for a 2001 second-degree murder conviction in Stokes County, where he shot a person in the face.

He was scheduled to be released in June, but federal officials had an order to deport him to his native Honduras upon release, Acree said.

Johnston Correctional Institution, near Smithfield, is a medium-security prison for men, according to the Department of Correction Web site. Its maximum operating capacity is 644.

The correctional officer who shot Najera was still working Tuesday afternoon and continuing with his normal duties.

Officials believe he was following proper procedure, but the State Bureau of Investigation was investigating the shooting, which is a routine procedure.

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  • rpd911 Jan 23, 2008

    Not sure why WRAL didn't post my comment about Rev RB comment, wonder if they are in cohoots.

  • DayumKrazy1 Jan 23, 2008

    two wrongs don't make a right...now someone has to live with knowing they killed someone else, wouldn't want that to be me!

  • ncguy Jan 23, 2008

    I won't loose any sleep over this.........

  • Common Sense Man Jan 22, 2008

    Echo..............echo............echo........

    "Perfectly Justified.

    NCGS 15A-401 D(2)

    A law‑enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby:

    a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force;

    b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; OR

    c. TO PREVENT THE ESCAPE OF A PERSON FROM CUSTODY IMPOSED UPON HIM AS THE RESULT OF CONVICTION FOR A FELONY.
    makarov90"

  • smokie_robinson Jan 22, 2008

    "What we have here is a failure to communicate" -Captain

  • flipper59 Jan 22, 2008

    I find this very hard to believe, in any language, he did not know the possible punishment of attempted escape. Scaling the fence Code Red (you will be shot) this dates back over 100 years!!

  • patriotsrevenge Jan 22, 2008

    farewell and adieu. Happy trails. Bon Voyage. Later

  • makarov90 Jan 22, 2008

    Perfectly Justified.

    NCGS 15A-401 D(2)

    A law‑enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision
    (1) of this subsection only when it is or appears to be reasonably necessary thereby:

    a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force;

    b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; OR

    c. TO PREVENT THE ESCAPE OF A PERSON FROM CUSTODY IMPOSED UPON HIM AS THE RESULT OF CONVICTION FOR A FELONY.

  • COPs eye Jan 22, 2008

    Rev BB: I believe that the bible states that "GOD hates those that shed the blood of the innocent" This inmate was not innocent and as for shooting anyone in the leg...ALL military and law enforcement teaches to shoot center mass at a target. If this CO had shot this inmate in the leg and he lived then the inmate would have been able to civilly sue the CO for everything he has earned and worked for in his life. That would be a punishment for doing the very job he is paid to do. This officer did his job, well done. I wish the people stating "pull him off the fence, shoot him in the leg" would have the guts to stand on the tower and take the chance at making the right decision. They would definitely think differently.

  • XLAW Jan 22, 2008

    Just like an international road sign, a fence at a felony facility with armed guards, says "STOP." It has nothing to do with whether or not the inmate understands the language of the guard commanding him to stop. [I am confident that after 7 years in custody this inmate communicated in English.] The guard did what was expected and if he/she permitted the escape of a felon, then he/she would probably be charged with dereliction of duty and demoted or fired.

    Only in the movies can a guard shoot to hit in a specific nonfatal body part. Anyone expecting that has never handled a weapon - especially a shotgun designed to cover a wide pattern and not hit a specific target area.

    I pray for the correctional officer. I know from extensive experience how physically and emotionally draining is the job. I cannot imagine any job more stressful. In this instance the guard had to make and live with the consequences of the only decision available - to use deadly force.

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