Recordings suggest chaotic scene at deputy-involved shooting

Smithfield, N.C. — Two Johnston County sheriff's deputies were responding to "an extremely intoxicated" and "belligerent crowd" the night one of them fatally shot a Kenly man at his home.

That's according to 911 calls and radio traffic in the Nov. 22 death of Reginald Lee Witcher, 54.

Citing an ongoing investigation, Johnston County authorities have declined to comment about the case and the circumstances that might have led to the shooting,

But the 10 recordings unsealed Tuesday suggest the scene was chaotic prior to and after the shooting, in which a deputy was also injured.

At 8:23 p.m., a man whom authorities identify as Wayne Mooney called 911 reporting his wife "in bad shape" in the front yard with "injuries around her throat."

"We were cooking a pig, and we were doing a little bit of drinking and some alcohol was involved," Mooney says. "And she fell about 3 feet, but I don't know exactly what happened to her."

When EMS arrived, however, paramedics were told that no one called 911, according to a conversation at 8:29 p.m. The paramedic requests for backup, saying a man has a gun, and in a later call, reports "an injured person due to an assault."

Deputy Sgt. J. K. Garner arrives at the scene at 8:56 p.m., followed by Deputy A. J. Case at 8:59 p.m.

In the final recording, Case frantically calls the dispatcher requesting a code 25 for backup after shots are fired, that Witcher has been shot in the head, has no pulse and is not breathing.

The Johnston County sheriff's office has said that when the deputies arrived, Witcher shot at them from his front door, and a deputy returned fire, killing Witcher.

Last week, a Superior Court judge sealed the calls to give investigators time to interview key witnesses in the shooting.

Witcher's family members and friends say they do not believe Witcher would have shot at an officer because he was not a violent man and believe there has to be another explanation about what happened.

Richard Hunter, an attorney for Witcher's family, said Tuesday that the family has hired its own investigators and is interviewing witnesses.

"We have assembled a team of forensic investigators which is now looking at all physical evidence and conducting witness statements in order to be all-inclusive," he said.

Both deputies are on administrative leave with pay, which is standard procedure for all officer-involved shootings.

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Latest Comments

Even IF the man did not fire the shotgun at all, I hope everyone knows that the Deputy does not have to wait to be fired on first before he shoots.

thepeopleschamp
December 3, 2008 1:33 p.m.

It still seems to be many unanswered questions. Where was the empty shotgun shell found? If it is so easily determined what happen then why is everyone talking about it still. If Mr. Witcher did shoot first then why would his family spend so much money hiring a attorney and forensics team if they already know what the end result will be?

sales123
December 3, 2008 1:00 p.m.

Today's News & Observer story line reads: "Who fired first in Kenly is disputed...A shotgun shell was found. But witnesses had said the victim never fired at a deputy"

PUHLEEEZE!!! It would be more accurate to have said: "Drunk man at party says gunman was only putting shotgun away...No excuse for fact that gun was fired"

I am tired of the media (N&O especially) criticizing our energency responders based entirely on comments by obviously intoxicated friends of the gunman, and the fact that official information is not flowing to them until the investigation is completed. The rambling comments of a drunk are better than nothing in their estimation, I suppose.

Centurian
December 3, 2008 10:50 a.m.

How can a neighbor say 'oh he wouldn't do something like that' ....that's about the dumbest thing anyone could say. You can't possibly rule out something that someone would or wouldn't do, especially when alcohol and emotions are involved. A person gets agitated by others, the alcohol and the macho thing of protecting his own property...no telling what happened. But one thing is for sure, those deputies would not have been at his house if EMS or someone else hadn't called them. He pulled a gun and lost. Those deputies are not paid to take the first bullet!

workingforthosethatwont
December 3, 2008 8:37 a.m.

I don't believe these deputies were dispatched to execute this man and anyone who believes that needs their head examined. I do believe it would be super easy to determine if he fired that gun forensics wise and there would be multiple pellet hits on the car which I assume there are since one deputy was wounded by shrapnel too. If that's the case then case closed. Since when do alcohol and firearms mix anyway on even the most fundamentally basic level? Answer. Not at all. A man with a shotgun is potentially a very deadly threat and a deputy doesn't have time to ask the assailant if it's loaded with bird shot, buck shot, or worse still rifled saboted slugs. Try taking one of those through your body at close range from a shotgun and then live to tell about it. You will be lucky. When someone threatens your life you shoot to stop the attack and when they are firing a gun at you then you better make sure you get them first. It amazes me the second guessing here.

ifcdirector
December 3, 2008 7:36 a.m.