DA: Use of force justified in shooting outside Apex Academy Sports store
The Wake County District Attorney's Office will not pursue criminal charges against a State Bureau of Investigation agent who shot a man last spring outside an Apex sporting goods store.
Agent Denzel Ward "reasonably believed that his life was in danger at the time he fired three shots," killing 18-year-old Dayve Sanchez, District Attorney Lorrin Freeman wrote.
An investigation into the incident found that Sanchez, a female companion and Ward were all inside the Academy Sports + Outdoors at 1151 Pine Plaza Drive at the same time on April 11, 2023.
Sanchez and the woman stole ammunition from the store and ran, drawing Ward's attention in the parking lot. When Ward approached them and identified himself as a law enforcement agent, Freeman wrote, "Rafael-Sanchez who was standing but leaning into the vehicle grabbed the rifle and pointed it towards Agent Ward, at which time Agent Ward fired three shots at Mr. Rafael-Sanchez."
The woman, Siomara Sibrian of Pittsboro, was charged with two counts of felony larceny and one count of possession of a stolen firearm.
"The female allegedly grabbed some box of ammunition that was sitting on the counter display, and stole the box of ammunition and ran out of the store with that box of ammunition," Apex Police Chief Jason Armstrong said. "And, the male that was with her, ran out of the store with her."
Witnesses, callers describe chaos of the shooting
The district attorney's investigation found surveillance video, body and dash camera video that recorded what happened in the parking lot, but Ward was not wearing a body camera. Video shows Ward chasing Rafael-Sanchez but not the final moments of their encounter.
In calls to 911, witnesses described hearing gunshots and seeing the men tussle.
"There were two gunshots," one caller said.
"I think somebody has been shot," another caller said. "They said they need an ambulance and asked me to call please."
Another caller said he saw the two men and woman fighting on the ground.
"I see a gun, hurry, hurry up," the caller said. "I think there's one person dead on the ground."
