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Raleigh police officer who shot, killed man on I-440 will not face charges

The Raleigh police officer who shot a man along Interstate 440 in January will not face charges.

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RALEIGH, N.C. — The Raleigh police officer who shot a man along Interstate 440 in January will not face charges.

Raleigh police responded to a crash involving Daniel Turcios and his family on Jan. 11. When officers arrived, they found Turcios had a knife in his hand and was upset, according to body camera footage reviewed by WRAL News.

 A week after his death, activists say Daniel Turcios, a husband and father, was confused and disoriented when he was shot by Raleigh police on Interstate 440. They also assert he was shot multiple times while lying on the ground.

In that body camera footage released after shooting, Turcios is seen holding a small knife a couple of inches from a firefighter. An officer asks Turcios to put his knife down, and he shakes his head no. After refusing to drop the knife, Turcios was shocked in the back with a Taser.

He still did not drop the knife, which led police to shoot and kill him, the body camera video shows.
Officer A.A, Smith shot Turcios five times after he refused to drop his knife.

Turcios was shot in the chest, torso and right thigh, according to his autopsy. No substances were in his bloodstream aside from nicotine and caffeine, the autopsy report states.

In a report released on Wednesday, the Wake County District Attorney's Office said Turcios was "acting erratically, wielding a knife and refusing to follow officer commands even as additional civilians on scene pleaded with him in Spanish to do so."

Even after body camera footage released, activists and police disagree on killing of Daniel Turcios

The report said under those circumstances, deploying a Taser was not in violation of any laws.

As police tried to take Turcios into custody, the report said he "violently swung" the knife at officers and attempted to get up "coming in close contact with the knife with more than one officer."

The report said based on those facts, the "use of deadly force in that moment by the Raleigh police officer was not unlawful," and because of that, there would be no criminal prosecution.

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