Local News

Prosecutors won't file charges in Cary hostage stand-off

Posted June 3, 2011

— Wake County prosecutors said Friday that they won't file charges against four Cary police officers and a Wake County sheriff's deputy involved in a fatal hostage standoff.

Officers shot Devon Mitchell, 19, at least 12 times as he left a Wachovia bank with a hostage on Feb. 10. after a three-hour standoff. Officers opened fire, believing he had a weapon, but later determined he was unarmed.

District Attorney Colon Willoughby said that he reviewed a State Bureau of Investigation report that shows that Mitchell pressed his hand, concealed by a knit cap, against a teller's head. The report says that Mitchell said he was holding a semi-automatic pistol under the cap.

Town manager Ben Shivar said in a statement that the announcement brings closure to a number of investigations into the shooting and an allegation of police brutality.

"Those involved from our police department acted appropriately, lawfully and in accordance with our general orders," Shivar said. "Despite the tragic circumstances surrounding Devon Mitchell’s death, the officers who fired shots have been exonerated, and the one allegation of hostage abuse was found to be baseless and without merit."

The claim of brutality comes from Lee Everett, one of several people inside the bank. He says that officers mistakenly jumped him and dragged him across the parking lot when Mitchell let him go during the stand-off.

Shivar further defended the department against other recent claims of police misconduct, including those made in the recent first-degree murder trial of Brad Cooper, a Cary man convicted of killing his wife in July 2008.

"In every case, the allegations of staff misconduct simply did not stand up," Shivar said. "I am responsible for ensuring that our organization hires and retains the very best, and I believe that Cary continues to be served by talented professionals who are dedicated to doing great work for the citizens of our community.”


This story is closed for comments.

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  • solarflare40 Jun 6, 2011

    Why would they have even considered filing charges? They were doing their job for a change, which is pretty rare in Cary.

  • lynne0312 Jun 6, 2011

    Cary needs major changes in their leadership. For all of the town officials to congratulate the police force for shooting an unarmed man 12 times and then to congratulate them for destroying police evidence in the Cooper case, not to mention failure to follow proper protocol in the handling of ALL digital evidence that likely caused a wrongful conviction is inexcusable! The leaders are all proud of this! Bazemore, Mayor Weinbrecht and Ben Shivar...all of them!

    Michelle Muir is running against Weinbrecht this fall. Do not re-elect him.

  • Dont playa hate- congratulate Jun 3, 2011

    "How about we have a independent counsil review these instead of the Town Manager reviewing his own employee's? Simple question
    Click to view my profile" LambeauSouth

    They did. The SBI and the District Attorney reviewed it. But wait...I guess they also need an Astronaut, Dump Truck Driver, Engineer, and the President to review it. Maybe then you will accept the findings? I guess everyone is corrupt if you don't like what they have to say. You probably won't like this, so I guess I am corrupt and trying to cover something up. GEEEEEZ!!

  • thepeopleschamp Jun 3, 2011

    "I bad mouth police because they are corrupt." chromelexus22

    Please name all the corrupt officers by name and what they did that was corrupt, then I'll believe that statement. Otherwise you are making broad generalizations.

  • mmtlash Jun 3, 2011

    disregard my previous comment....let that be a lesson to all, don't post comments until fully reading the article haha

    That was just the impression the title made :-)

  • mmtlash Jun 3, 2011

    the man is dead....what more would prosecuters possibly want from him?!

  • mcsdot22 Jun 3, 2011

    It seems on this site that the police are always in the wrong. If the hostage taker had a gun and shot and killed somone you all would complain that the police didn't do enough to save the poor hostage. If you don't like what the police do get out from behind your computer and become one and change what is so wrong about the police. But im sure no one will.

  • wolf35nc Jun 3, 2011

    If you think all police are corrupt then do not dial 911 the next time you need help. See how far that gets you.

  • westernwake1 Jun 3, 2011

    Just as a hint, the white people who were left in the bank at the end of the crisis were treated the same way as the black guy who walked out. Put to the floor with guns at their heads. Even when clearing the scene after the shooting, everyone must still be treated as a possible suspect and threat.

  • westernwake1 Jun 3, 2011

    "All I can say is WOW...What a statement to make...do you know everyone who has "jump and down" about this case and where they live and their income...I doubt it...You should only make statements about things you know and not make assumptions." - jaecee452

    Unfortunately I live in the area and we had to deal with the residents of the Grove at Cary Park holding rallies demanding the police be prosecuted and building "memorials" while leaving trash all over the bank parking lot. This only served to further terrorize the bank employees who are the victims. I am not making assumptions, I actually witnessed the aftermath.