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Fayetteville officer again cleared in shooting

Posted June 11, 2009

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— For the second time in eight months, a Fayetteville police officer has been cleared of wrongdoing in a shooting.

Officer Michael Yount shot Kenmara Alvona Davis, 26, near Post Avenue and Hawkins Road while responding to reports of shots fired on Nov. 27. Davis, who was shot in the back, was pronounced dead at Cape Fear Valley Medical Center.

The State Bureau of Investigation reviewed the incident and determined that Yount acted in self-defense and found himself in a situation that "required him to return fire in order to save his own life."

Cumberland County District Attorney Ed Grannis sent a letter to Fayetteville police Chief Tom Bergamine to say that the State Bureau of Investigation’s criminal investigation into the shooting has been closed.

"Based on a thorough review of all evidence in this matter, District Attorney Ed Grannis decided that there was no factual basis to bring criminal charges, as 'there was nothing criminal about what Officer Yount did in this case,'" police said.

Members of Fayetteville's black community expressed anger that Davis had been shot in the back.

An autopsy report showed he had been shot once in the lower back, which backed witnesses' statements that Davis was running from Yount when he was shot. The autopsy also showed that Davis was "highly intoxicated" at the time of the shooting.

Three weeks before the shooting, Yount was cleared of any wrongdoing in a June 2008 shooting of three men who attacked him and his police dog.

119 Comments

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  • thepeopleschamp Jun 12, 2009

    tater, what profession are you in?

  • Tater Salad Jun 11, 2009

    I think the title of this story should be - LIKE TO KILL PEOPLE AND GET AWAY WITH IT? GO GET YOUR BLET CERTIFICATE FROM THE CLASSROOM NEXT TO THE NAIL SALON TRAINING CENTER!!

    Don't like to be held accountable for your actions? Police work is your cup of tea! Lie, cheat, steal, and get away with it because it's your word against the other person (unless you just whack them like trigger happy jethro here!)

    Most cops fear cameras for a reason and then when an incident is caught on video of one messing up they cry "the video was edited!" Always an excuse!

  • RonnieR Jun 11, 2009

    duright, it is not a lie, MPs can enforce the law again military folks on or off base. Thazt is why you have a MP and a civilian cop together, called joint patrol. One for the civilains and one for the military. The point I was making, is that even in DC you have the joint patrols, but only ONE K-9. When did you serve? Probably not, since you did not know that. So who is the liar, again?

  • mrduright Jun 11, 2009

    wa4mjf-

    You are talking nonsence it is against Federal Law for the military to conduct operations on U.S. soil so tell another lie.

  • RonnieR Jun 11, 2009

    BTW, Fayetteville is a tough city, maybe even tougher tham the Bull City. Down on Hay Street, the MP K-9s work with the FPD K-9s and patrol two by two. That is the one and only place I saw that, even in DC the Armed Forces Police and Met Police patrol with just one K-9.

  • mrduright Jun 11, 2009

    Organic Food is a Waste Of Money-

    I hear that excuse all the time well I think my garbage collector does a lousy job " and I let him know it" but I don’t need to do his job. So quit your whining.

  • RonnieR Jun 11, 2009

    cy, in the instant case, self defense of yourownself or an innocent 3rd party, the law is the same for military, LEO or civilian. I'm retired from the former two and now the latter one. If you rationally fear great bodily harm and/or death to yourownself or an innocent 3rd party from the second party, it is a righteous shoot.

  • ImaBee Jun 11, 2009

    There sure is a lot of critical talking of officers from people who are too scared to be one. How about those of you that are so critical of these officers try your hand at being one and see if you can do any better!

  • Flyswatter Jun 11, 2009

    The officer took down a drunk guy shooting his gun off in a community.

    If you're a police officer and you come up on a scene where a man has a gun....wouldn't you shoot?

    I would, i mean it's not like he shot him in the head. He shot him in the lower back....

    Completely justified in my opinion.

  • mrduright Jun 11, 2009

    you are drinking the kool aid if you think the district attorney and the police are not or will not cover-up to make a case or hide evidence. This lunatic does not need to have a gun and a badge because he likes to kill people he has done it before and will do it again the only hope is that one of you or I are not at the other end of the barrel.

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