DA: Raceway shooting was self-defense
Posted December 17, 2010 10:57 a.m. EST
Updated December 17, 2010 12:09 p.m. EST
Clinton, N.C. — No charges will be filed in a fatal shooting at a Sampson County racetrack because it was a case of self-defense, District Attorney Dewey Hudson said Friday.
Timothy McKoy, 29, of Garland, died after being shot in the head and chest on July 4 at Harrells Raceway.
Investigators determined that McKoy pointed a gun on Torrey Tremayne Frederick and threatened to kill him, but the racetrack owner ordered McKoy off the property, Hudson said. A bystander gave a gun to Frederick, who tried to leave the parking lot but couldn't because his keys were locked inside his pickup.
As the racetrack owner and a bystander tried to calm Frederick down and get the gun away from him, McKoy, who had returned to the racetrack, drew his gun again and pointed it at Frederick and the two men, Hudson said. Frederick then yelled for the men to move as he shot McKoy.
Frederick then threw down the gun and jumped in a car to leave the racetrack, Hudson said.
An autopsy determined that McKoy had a blood-alcohol level of 0.32. Under state law, a person is considered impaired with a blood-alcohol level of 0.08.
"Based upon the witness statements, it appears that McKoy was, in fact, the aggressor," Hudson said in a statement. "The shooting death of Mr. McKoy, while tragic, was justified under the law."
Frederick, 32, of Ivanhoe, was charged with possession of a firearm by a felon in the case.