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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 8/28/2005 4:26:06 PM EDT
www.wral.com/news/4906724/detail.html

RALEIGH, N.C. -- The State Bureau of Investigation is investigating a deadly shooting involving a Raleigh police officer.

Raleigh police said Michelle Peele was working off-duty as a security guard at the La Rosa Linda's restaurant on New Bern Avenue Sunday morning when she spotted a person stealing her personal car at about 1 a.m.

Peele confronted the suspect and fired one shot, which hit the man, police said. Police have identified the man as 42-year-old Nyles Arrington.

Police said Arrington then drove Peele's vehicle across New Bern Avenue, struck a parked vehicle, drove back across New Bern Avenue and stopped in the median.

Arrington was transported to WakeMed, where he was pronounced dead.

WRAL asked a spokesman with the Raleigh Police Department if the suspect was armed. The spokesman said the SBI, in accordance with department policy, is conducting an investigation into the incident.

The department's Internal Affairs Unit also will conduct an investigation. Police will submit a report about the shooting to the city manager within five days.

Peele, who has been with the department since June 1999, has been placed on administrative duties, which is customary in cases such as this, police said.

------------------------------

Details still lacking. predictably there'll be 2 camps:

Camp 1: I hate car theives shoot them all!
Camp 2: Cop thinks she's above the law and can shoot when there's no threat to bodily harm, typical JBT attitude

Note, NC doesn't have a Texas style "Make my day law"

Link Posted: 8/28/2005 4:29:22 PM EDT
Good for her!

....how did she know he was stealing her car?

Oh well...another BG bites the dust-too bad the car got wrecked.

HH
Link Posted: 8/28/2005 5:23:27 PM EDT

Originally Posted By HoustonHusker:
Good for her!

....how did she know he was stealing her car?

Oh well...another BG bites the dust-too bad the car got wrecked.

HH



You mean, how did she know to go look at her car, or how did she know that some dude getting in her car and driving away was stealing it?

I figure when she came across him he was probably in the driver's seat getting the car started, and after getting plugged one time managed to drive away. I guess. Seeing as how most news articles these days are written by 4 year olds who knows.
Link Posted: 8/28/2005 5:27:08 PM EDT

Originally Posted By SNorman:

Originally Posted By HoustonHusker:
Good for her!

....how did she know he was stealing her car?

Oh well...another BG bites the dust-too bad the car got wrecked.

HH



You mean, how did she know to go look at her car, or how did she know that some dude getting in her car and driving away was stealing it?

I figure when she came across him he was probably in the driver's seat getting the car started, and after getting plugged one time managed to drive away. I guess. Seeing as how most news articles these days are written by 4 year olds who knows.



She lost the car anyhow and may be facing murder charges, or may not, got to see how this pans out.
If I shot a car theif stealing my car I'd be charged with murder.
Link Posted: 8/28/2005 5:30:39 PM EDT

Originally Posted By AssaultRifler:

She lost the car anyhow and may be facing murder charges, or may not, got to see how this pans out.
If I shot a car theif stealing my car I'd be charged with murder.



Well I guess the big question is, did she yell "He's coming right for me!!" when he started the car before she opened fire, if so she's OK.
Link Posted: 8/28/2005 5:32:49 PM EDT
Wonder if any of our LEO's in NC can run an abstract...

I'm sure it'll just show an honor student coming home from choir practice who was just "borrowing" the car to take his infirmed grand-mama to the hosital for her chemotherapy...
Link Posted: 8/28/2005 5:37:22 PM EDT
At face value, this doesn't look good. I don't see where the officers life or anyone else's life was in danger.
Link Posted: 8/28/2005 5:39:20 PM EDT

Originally Posted By SNorman:

Originally Posted By HoustonHusker:
Good for her!

....how did she know he was stealing her car?

Oh well...another BG bites the dust-too bad the car got wrecked.

HH



You mean, how did she know to go look at her car, or how did she know that some dude getting in her car and driving away was stealing it?

I figure when she came across him he was probably in the driver's seat getting the car started, and after getting plugged one time managed to drive away. I guess. Seeing as how most news articles these days are written by 4 year olds who knows.



Funny.... I wondered how she knew somebody was taking her car, and how she knew it.

HH
Link Posted: 8/28/2005 5:43:33 PM EDT
Link Posted: 8/28/2005 5:50:49 PM EDT
If someone were driving my car away, I think I could "sense" that the situation was improper.
Link Posted: 8/28/2005 5:55:57 PM EDT
My question really went to how/where was she when she spotted him....

It'd be rare for anyone to see someone attempting to see their vehicle being stolen, much less an off-duty cop.

As far as I'm concerned: I have no patience or tolerance for car thieves. In a perfect or 'right' world, she did the right thing. Our car insurance rates are so high because of scenarios like this. I'm glad she shot him.

HH
Link Posted: 8/28/2005 5:58:46 PM EDT
Lets get her a black rifle
Link Posted: 8/28/2005 6:00:39 PM EDT

Originally Posted By JohnnyMcEldoo:
Lets get her a black rifle



Not a bad idea, but we may have to pony up some Defense Attorney $$ for her....I sure hope not.

HH
Link Posted: 8/28/2005 7:51:52 PM EDT

How did she know he was stealing her car?


Maybe she was in the back seat, on her break, grabbing a quick twenty winks.

Note: This would also explain why only one shot was fired...the one into the back of the perp's head.

Link Posted: 8/28/2005 8:48:07 PM EDT
[Last Edit: 8/28/2005 8:51:36 PM EDT by crazyhorse705]
she was working security across the road from where her car was. as an off duty police officer.

here it is from abc11tv.com


Raleigh Police Officer Involved in Shooting

(08/28/05 - RALEIGH) - An off-duty police officer shot and killed a man who was stealing her personal vehicle outside a restaurant early Sunday, police said.

Officer Michelle Peele's vehicle was parked in front of La Rosa Linda's restaurant, where she was working as a security guard. Peele confronted the suspect, then fired one shot, striking Nyles Arrington, 42.


Police said Arrington then drove the vehicle across the street, struck a parked vehicle, drove back across the street and stopped in the median.

Emergency workers transported him to a hospital where he was pronounced dead, police said.

No further details were immediately available.

Peele, who has been with the Raleigh Police Department since June 1999, was placed on administrative duties.

The police department and the State Bureau of Investigation are investigating, a standard procedure in shootings involving police.
Link Posted: 8/28/2005 9:06:18 PM EDT
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?
Link Posted: 8/28/2005 9:09:31 PM EDT
Must have been in a bad neighborhood, if a restaurant has armed security
Link Posted: 8/28/2005 9:12:10 PM EDT
Camp 1
Link Posted: 8/28/2005 9:15:37 PM EDT

Originally Posted By sharky30:
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?




Other than self defense, this is the only explicit use of deadly force that I'm aware of. Note it's specific about "preventing entry", once a perp has gotten in, I guess regular self defense laws apply. Also, (ii) is specific to a felony being committed in the home or residence, not in a parking lot:

§ 14‑51.1. Use of deadly physical force against an intruder.

(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)


Link Posted: 8/28/2005 9:19:55 PM EDT
This is relevant as well from wral

Group Takes Aim At Raleigh Police Deadly Force Policy

POSTED: 8:14 am EDT May 14, 2004
UPDATED: 8:44 am EDT May 14, 2004

RALEIGH, N.C. -- When should a police officer use deadly force and when should they just get out of the way? It is a debate that has ignited into a controversy after a Raleigh police officer was charged for shooting a suspect who fled in a car.

Raleigh police Officer Jarod Reyes was thrown off the force and now faces criminal charges after he shot James Davis on Alston Street in September. The police report states Davis, who has an extensive criminal history, was resisting arrest and attempted to flee in a stolen Saturn. That is when Reyes fired.

The Raleigh Police Department's deadly force policy is under fire from the Police Benevolent Association. The policy forbids officers from firing at a moving vehicle unless threatened with deadly force.

Critics of the policy say it puts officers lives in danger. The Raleigh Police Department argues the policy protects its officers and the public.

Raleigh police Officer Jarod Reyes was thrown off the force and now faces criminal charges after he shot James Davis on Alston Street in September.

The police report states Davis, who has an extensive criminal history, was resisting arrest and attempted to flee in a stolen Saturn. That is when Reyes fired.

"The vehicle was moving away from the officer and was several feet away before the officer discharged his firearm. The bullets went through the back windshield, striking the man in the back," Raleigh police attorney Dawn Bryant said.

Those facts, according to the Raleigh Police Department, made the shooting an illegal use of deadly force.

"It's hard to believe this is happening," said John Midgett of the Police Benevolent Association.

The PBA, a group that defends police officers, says not only was Reyes justified in shooting Davis, but the police department's policy on prohibiting an officer from firing at a moving vehicle, unless another deadly weapon is displayed, is a dangerous policy.

"Unless that policy is immediately revoked, we believe that it will cause the untimely death of a police officer and/or an innocent bystander," Midgett said.

The Raleigh Police Department could not disagree more, saying the policy is there to protect the officer and pedestrians.

"If you shoot into a vehicle, whether or not you hit the vehicle, whether or not you hit the driver, you don't stop the threat. The vehicle is still moving -- that's like 4,000 pounds coming toward an officer," said.

The Police Benevolent Association also alleges the policy is unconstitutional because it is stricter than state and federal standards.

The Raleigh Police Department's response is that under the law, it has every right to enact policies that are more limiting than state and federal rules when it comes to deadly force.

Link Posted: 8/28/2005 9:33:57 PM EDT

Originally Posted By AssaultRifler:
If I shot a car theif stealing my car I'd be charged with murder.



should come to Texas
Link Posted: 8/28/2005 9:52:01 PM EDT

Originally Posted By Sukebe:
At face value, this doesn't look good. I don't see where the officers life or anyone else's life was in danger.



Many states allow the use of deadly force to prevent the completion of a felony. Perhaps NC is one. Hopefully, for the officer.
Link Posted: 8/28/2005 10:15:52 PM EDT
If she confronted him, and he still persisted in taking the car, then the crime is no longer a theft, but a strong-arm robbery or car-jacking-both of which it is justifiable to use deadly force.
Link Posted: 8/29/2005 5:19:12 AM EDT

Originally Posted By AssaultRifler:
If I shot a car theif stealing my car I'd be charged with murder.

That's BS, you need to move to TX! We shoot car thiefs all the time, no charges are filed and if it goes into court the juries will side with the property owner.
Link Posted: 8/29/2005 5:25:51 AM EDT

Originally Posted By AssaultRifler:
The police report states Davis, who has an extensive criminal history, was resisting arrest and attempted to flee in a stolen Saturn. That is when Reyes fired.

"The vehicle was moving away from the officer and was several feet away before the officer discharged his firearm. The bullets went through the back windshield, striking the man in the back," Raleigh police attorney Dawn Bryant said.

Nice shot! Criminal attempting to escape at speed, increasing distance, through the glass (probably the seat too), hit the target! Officer Reyes deserves a medal.
Link Posted: 8/29/2005 5:48:47 AM EDT
She must have been aiming for the store owners' dog and hit the thief with a stray shot...
Link Posted: 8/29/2005 5:53:11 AM EDT
Hope he didn't bleed on the upolstery.
Link Posted: 8/29/2005 5:59:51 AM EDT
The question if the suspect was armed or not is critical, if not she is toast or she would be if she was a civilian. IMHO
Link Posted: 8/29/2005 6:06:17 AM EDT

Originally Posted By AssaultRifler:
www.wral.com/news/4906724/detail.html

RALEIGH, N.C. -- The State Bureau of Investigation is investigating a deadly shooting involving a Raleigh police officer.

Raleigh police said Michelle Peele was working off-duty as a security guard at the La Rosa Linda's restaurant on New Bern Avenue Sunday morning when she spotted a person stealing her personal car at about 1 a.m.

Peele confronted the suspect and fired one shot, which hit the man, police said. Police have identified the man as 42-year-old Nyles Arrington.

Police said Arrington then drove Peele's vehicle across New Bern Avenue, struck a parked vehicle, drove back across New Bern Avenue and stopped in the median.

Arrington was transported to WakeMed, where he was pronounced dead.

WRAL asked a spokesman with the Raleigh Police Department if the suspect was armed. The spokesman said the SBI, in accordance with department policy, is conducting an investigation into the incident.

The department's Internal Affairs Unit also will conduct an investigation. Police will submit a report about the shooting to the city manager within five days.

Peele, who has been with the department since June 1999, has been placed on administrative duties, which is customary in cases such as this, police said.

------------------------------

Details still lacking. predictably there'll be 2 camps:

Camp 1: I hate car theives shoot them all!
Camp 2: Cop thinks she's above the law and can shoot when there's no threat to bodily harm, typical JBT attitude

Note, NC doesn't have a Texas style "Make my day law"




Ahh but don't forget camp 3: A car is a deadly weapon, shoot the fucker.

Sounds like he was already in the car, doesn't say if the guy started to or tried to drive away while being confronted, if thats the case she man have been in a position where she felt he was going to run her down. In that case deadly force would be justified.

And I don't believe anyone should need a "make my day" law. There should never be a "duty to retreat" especially in yer own home, but even out on the street too.
Link Posted: 8/29/2005 6:07:53 AM EDT

Originally Posted By AssaultRifler:

Originally Posted By sharky30:
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?




Other than self defense, this is the only explicit use of deadly force that I'm aware of. Note it's specific about "preventing entry", once a perp has gotten in, I guess regular self defense laws apply. Also, (ii) is specific to a felony being committed in the home or residence, not in a parking lot:

§ 14‑51.1. Use of deadly physical force against an intruder.

(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)





Nope - If they are already in, you can still shoot.

CR
Link Posted: 8/29/2005 6:15:45 AM EDT

Originally Posted By sharky30:
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?



Nope! As has been pointed out by others, you can only shoot someone who is ATTEMPTING TO ENTER YOUR HOME and is about to commit a felony. And even then, once they are inside, the regular self defense rules apply, and you can't shoot them solely on the basis of them committing a felony.

For her sake, I really hope he was armed. It would be a shame for a cop to go down for shooting a bad guy.
Link Posted: 8/29/2005 6:22:12 AM EDT

Originally Posted By photoman:
And I don't believe anyone should need a "make my day" law. There should never be a "duty to retreat" especially in yer own home, but even out on the street too.



The "duty to retreat" is designed to avoid the confrontation where force may be required. Once there is a threat of immediate great physical harm, there is no more duty to retreat.
And NC law specifically states that you have no duty to retreat at all when you are at home.
Link Posted: 8/29/2005 6:28:43 AM EDT

Originally Posted By RichHolland:

Originally Posted By sharky30:
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?



Nope! As has been pointed out by others, you can only shoot someone who is ATTEMPTING TO ENTER YOUR HOME and is about to commit a felony. And even then, once they are inside, the regular self defense rules apply, and you can't shoot them solely on the basis of them committing a felony.

For her sake, I really hope he was armed. It would be a shame for a cop to go down for shooting a bad guy.



Am I missing something? I mean, it's possible being that it's Monday and all. See my post above.

CR
Link Posted: 8/29/2005 6:33:08 AM EDT

Originally Posted By RichHolland:

Originally Posted By photoman:
And I don't believe anyone should need a "make my day" law. There should never be a "duty to retreat" especially in yer own home, but even out on the street too.



The "duty to retreat" is designed to avoid the confrontation where force may be required. Once there is a threat of immediate great physical harm, there is no more duty to retreat.
And NC law specifically states that you have no duty to retreat at all when you are at home.



Some states it's you got to keep going till you can't go no more, then if need be you can use deadly force. You come through my door at three AM, I'm not going anywhere, you got a gun, knife, metal pipe whatever, the only movment I'm doing is hitting the tail cap on my surefire to light you up to IFF and then pressing my trigger if need be.

It should be that way on the street too. Obviously if you can get out of the situation without having to shoot you do that, but some situations don't allow for it, yet if you shoot you get fucked because you didn't try to run away.

I get what you are saying, I was just making a general comment to the whole run away untill you can't run away laws. Good to see NC doesn't do that shit, at least not when it comes to protecting the home.
Link Posted: 8/29/2005 6:37:09 AM EDT
Boy - it sure is a good thing that she didn't taze him.

I hear those things are dangerous.
Link Posted: 8/29/2005 7:38:20 AM EDT
I personally would not shoot someone stealing my vehicle and I live in TX. My vehicles are insured and I don't need the hassle of a potential criminal and civil trial.
Link Posted: 8/29/2005 6:55:23 PM EDT
[Last Edit: 8/29/2005 6:56:07 PM EDT by RichHolland]

Originally Posted By CR_OPSO:

Originally Posted By RichHolland:

Originally Posted By sharky30:
does NC law allow deadly force to stop certain felonies, like robbery or grand theft?



Nope! As has been pointed out by others, you can only shoot someone who is ATTEMPTING TO ENTER YOUR HOME and is about to commit a felony. And even then, once they are inside, the regular self defense rules apply, and you can't shoot them solely on the basis of them committing a felony.

For her sake, I really hope he was armed. It would be a shame for a cop to go down for shooting a bad guy.



Am I missing something? I mean, it's possible being that it's Monday and all. See my post above.

CR



I read your post before I posted.
I'm not sure what you are getting at, but I am pretty sure we said the same thing. The lawyer at my CCW class read the law as you quoted it and then said something along the lines of "Once the intruder has gained access to the home, deadly force is not justified unless there is immediate threat of great bodily harm, etc." In other words, if he gains access to your home, doesn't have a weapon, and tries to take your TV, and you shoot him, you are going to jail.

ETA: The moral of the story is shoot before he gains entry.
Link Posted: 8/29/2005 7:46:51 PM EDT
Bummer for her. Not only is her car full of blood, it is all smashed up. I hate it when that happens.
Link Posted: 8/29/2005 10:13:26 PM EDT
I got a real problem with using LEOs as private security. Where does actual authority end and
"under color of authority" begin?
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