Local News

Fatal Wake County shooting still under investigation

Posted June 28, 2010 10:25 a.m. EDT
Updated June 28, 2010 11:32 p.m. EDT

— Investigators on Monday still were not commenting on the weekend shooting of a man killed in his parents' home, but WRAL News has learned that his father shot him.

Wake County sheriff's deputies found Benjamin Lloyd Hamilton, 29, dead Sunday morning at 5625 Windlake Court in the southern part of the county.

Sources, however, would not say what led to the shooting or whether charges would be filed in the case.

Emergency dispatch recordings released late Monday detail a conversation between a dispatcher and a law enforcement officer in which the caller says he received a call on his Nextel phone from the house from someone "just screaming and crying like crazy."

The caller asks for information on who is in the area who can assist with the call.

"I don't know what's going on in the residence," the officer says, adding that "we took a 35 from there the other day."

A "35," according to Wake County sheriff's radio signals, is breaking and entering.

"I don't know what's going on," the caller says. "She's called screaming, and that's all I can make out."

Arrest records indicate Hamilton was arrested May 29 on two counts of felony breaking and entering at the home.

He was also charged on that date with one count each of larceny after breaking and entering, larceny of a motor vehicle, injury to personal property, communicating threats and first-degree trespassing.

Sources close to the family said Hamilton's parents were afraid of him and that he might have been attempting another break-in at the home when he was shot.

Sheriff's office spokeswoman Phyllis Stephens declined to comment Monday but said Sunday that the shooting wasn't random and that Hamilton had been living sporadically with his parents, Linwood Louis Hamilton Sr. and Rhonda Hamilton.

They were at home at the time and were cooperating with investigators, Stephens said.

Court records also show that Wake County sheriff's deputies arrested Hamilton last July on charges of assault on a female and communicating threats.

A woman also filed a domestic violence protective order following that arrest, saying he posed a "serious threat" to her family and threatened to kill her.

She later filed a motion to set aside the order, saying it was an isolated event and "immature behavior" on his part, but a judge denied the request.

Hamilton was a cousin of Major League Baseball outfielder Josh Hamilton, an Athens High School graduate who now plays for the Texas Rangers, sources told WRAL News.