Preliminary findings by the Raleigh Police Department into a fatal shooting by an officer last weekend indicate the victim "repeatedly advanced" toward the officer with a knife in his hand and refused the officer's commands to drop it before the officer shot and killed him.
But an attorney for Soheil Antonio Mojarrad's family called the shooting unjustified.
Other WRAL Top Stories
"There is no indication from the report issued by the Raleigh Police Department, or from the initial evidence we have collected, that this situation required or authorized the use of deadly force," attorney Cate Edwards said.
In a brief "five-day report" sent to Raleigh City Manager Ruffin Hall, Police Chief Cassandra Deck-Brown said a stolen cellphone prompted the encounter between Senior Officer W.B. Edwards and the 30-year-old Mojarrad.
Edwards was gassing up his patrol car as a Sheetz on New Bern Avenue on Saturday night when a store clerk and a customer approached him to say that a man who had previously been asked to leave the convenience store had returned and had stolen the customer's phone, according to the report.
Edwards drove around an adjacent shopping center looking for someone matching the description of the thief and spotted someone on a bench at the far end of the center. The man started walking off, and Edwards asked him to stop so he could speak with him.
The man, later identified as Mojarrad, then began screaming obscenities at Edwards and waving his hands around, the report said. When Mojarrad reached into his pants pocket, Edwards pulled his gun and told him to stop.
"With his right hand, Mr. Mojarrad pulled a folding knife from his pants pocket and flicked it open as he raised it to head level. At the same time, he crouched in an aggressive stance, placed one foot behind him and angled his body at Officer Edwards, all while holding the knife in a threatening manner and screaming profanity at Officer Edwards," the report states.
Edwards and Mojarrad were less than 20 feet apart, and the officer ordered Mojarrad several times to drop the knife in the encounter, which lasted less than a minute.
"Mr. Mojarrad repeatedly advanced towards Officer Edwards," the report states. "Each time he advanced, Officer Edwards fired his service weapon at him, while ordering him to stop. Mr. Mojarrad eventually fell to the ground, with the knife still in his right hand."
The report doesn't indicate how many times Edwards fired, but attorney Cate Edwards said at least eight shots were fired.
"Some of the information contained in the preliminary police report is inaccurate. For example, the majority of the eight gunshots that hit Soheil did not enter through the front of his body," the attorney said in a statement. "The officer was unjustified in shooting Soheil, and this young man unnecessarily lost his life."
Mojarrad's parents say he suffered from a traumatic brain injury and mental illness.
"Soheil wanted the best for himself and everyone and would never intentionally want to hurt anyone. Sadly, like many others, he suffered from mental illness," the family said in a statement. "We believe he died a wrongful death and will continue to fight for justice on his behalf. We are sincerely grateful for those who have shown us so much compassion during this difficult time."
Edwards' body-worn camera wasn't activated at the time of the shooting, and his patrol car wasn't facing the area where the shooting occurred, so his dashboard camera didn't capture footage of the incident, according to the report.
The police department has a 14-page policy on the use of body cameras, from when the cameras should be turned on to how video should be handled once it is recorded. The policy allows some discretion by officers on when to activate a body-worn camera.
A group calling itself Justice for Soheil marched around downtown Raleigh on Thursday, demanding accountability from Raleigh police.
"We want to push for mandatory body camera usage, the moment they get called," Aria Ouroboros said.
"For an officer not to turn on their body camera is unacceptable," said Kimberly Muktarian with Save Our Sons.
Muktarian said body cameras ensure transparency.
"We have to have these protections in place because it is their word against ours, and there are no words if the voice is gone," she said.
The State Bureau of Investigation, which is looking into the shooting, is reviewing other video, including footage from a security camera outside a nearby sports bar, for any evidence that could help determine what happened.
Edwards remains on administrative duty during the SBI investigation.