CMPD officer cleared in fatal Coyote Joe's shooting, SBI says actions were ‘justified'

Yahoo

2 days ago

CHARLOTTE, N.C. (QUEEN CITY NEWS) — CMPD Officer Joseph Calabro has been cleared by the North Carolina State Bureau of Investigation in the fatal 2024 Coyote Joe's shooting.
On the night of Dec. 28, 2024, Charlotte-Mecklenburg Police Officers Joseph Calabro, Michael Miles, and Thomas Drennan were working outside the Coyote Joe's nightclub in an off-duty capacity. All three officers were in full uniform.
Around 11 p.m., the officers were informed of a man in the parking lot who was intoxicated,had a gun in his van, and stated he wanted to kill himself.
Shortly thereafter, club security notified the officers that the man had been located at his van in the parking lot holding a gun to his head. A member of club security was already talking to the man, trying to get him to put the gun down.
Officer Drennan recalled hearing the man screaming that he was going to kill himself or make the police do it for him. Officer Calabro added that he heard 'a scream from the gut like the devil was being released from someone.'
Officer Miles attempted to talk the man into putting the gun down for several minutes. According to the report, the man was 'clearly impaired and extremely erratic and emotional.'
Officers Calabro and Drennan remained out of the man's line of sight while OfficerMiles attempted to de-escalate the situation.
Several times during this interaction with Officer Miles, the man made reference to forcing the officers to shoot him. He made statements including: 'Either you're going to shoot me or I'm going to shoot myself. Do you understand that?' 'I know if I point this at you, you'll put me out of my misery,' and, 'If I point this at you, I know for a fact you will kill me.'
After seven and a half minutes of Officer Miles attempting to de-escalate the situation, the man began yelling at Officer Miles while advancing toward him. The man emerged from between the vehicles and spotted Officers Calabro and Drennan, 'likely for the first time.'
At this point, the man was approximately ten feet from Officer Drennan, whowas standing on the rear driver's side of the van with his taser drawn. Officer Calabro wasstanding in the open parking lot, without cover, approximately 30 feet from the man.
Officer Calabro then drew his weapon and pointed it at the man. Addressing OfficerCalabro, the man, stated multiple times, 'I know you're ready.'
Officer Calabro then commanded the man six times in succession to drop the firearm. The man then stated to Officer Calabro, 'I know you're ready, because the second that I point this at you, I know….' Officer Calabro then discharged his weapon three times, striking the man.
Officer Calabro stated that he fired more than once because police are trained to stop thethreat, and the man was still standing after the first shot.
A Canick 9×19 TP9 handgun with a three-round magazine extension containing 21rounds of live ammunition were recovered from the man and secured on the scene.
An autopsy conducted on Dec. 30, 2024, determined he suffered three gunshot wounds to the chest and neck.
After conducting interviews with the officers, reviewing body camera footage, and receiving the autopsy report, the North Carolina State Bureau of Investigation concluded the following:
No available evidence in this case would enable the State to prove to a jury beyond a reasonable doubt that Officer Calabro did not act in defense of himself or others. The body-worn camera videos, the statements of the officers and civilian witnesses on scene, and the physical evidence on scene corroborate that Officers Calabro was reasonable in his belief that the decedent posed an imminent threat of great bodily harm or death to others when he fired his weapon, killing the decedent.
North Carolina State Bureau of Investigation
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