News

D.A. clears deputies who fired at suspect after chase

By Lightning Reports, Published: December 19, 2024

Henderson County sheriff’s deputies were justified in opening fire on an assault suspect who had crashed his minivan and then fired a handgun, which, it turned out, was a fatal suicide shot in the temple, District Attorney Andrew Murray said.

Murray released the outcome of his review of the facts in the April 13 pursuit of 29-year-old Hayden Brook and directed the SBI to close the case. The deputies were legitimately in fear of their own lives and one another's and, in any case, Brook was most likely already dead when they opened fire, he said. Here is Murray’s full review and letter to Chuck Vines, the special agent in charge of the SBI’s Western North Carolina office:
“After a thorough review of all the facts and evidence presented in the investigative report compiled by special Agent Radford, it is my conclusion that the responding Henderson County sheriff’s deputies were legally justified in firing their service weapons at the decedent after he fled from them in a minivan and wrecked his vehicle. Immediately following the wreck, the responding deputies approached Brook, who was in the driver's seat of the wrecked minivan, while issuing commands for Brook to put his hands in the air.
“A shot from the van rang out and deputies, believing their own lives and the lives of their fellow deputies were in imminent danger of serious injury or death, fired multiple rounds at the decedent. Although several of these rounds struck the decedent and had the potential to be fatal, the medical examiner's autopsy revealed that the first shot the deputies heard was a fatal self-inflicted contact shot to the decedent's head.
“With the Medical Examiner's determination that the decedent self-inflicted a fatal wound to his head, the following is a brief explanation supporting my decision that the deputies' actions were justified.

“The autopsy report promulgated by the Wake Forest Baptist Medical Center dated 11/25/2024 determined the cause of death to be: ‘ … contact, exiting gunshot wound of the head. The entrance was located on the right temple, with a surrounding muzzle stamp. The projectile went through the brain at the level of the basal ganglia and exited the left temple.’ The Medical Examiner also described and documented numerous other gunshot wounds to the decedent's body but ultimately concluded that the initial self-inflicted shot was fatal, and the other wounds had no substantive impact regarding survivability.
“On the evening of April 13, 2024, several Henderson County Sheriff’s deputies responded to a 911 call where a female reported being assaulted and threatened with a gun by a male she was sharing a campsite with at the North Mills River Campground. Deputies located the reporting female at the campground and observed injuries to her head and arms. The female victim reported being headbutted and threatened with a gun by an individual. While the victim was providing deputies with a description of Brook and of Brook's minivan, the described minivan drove past the campsite where the interview was taking place. Deputies immediately responded by getting into their vehicles and falling behind Brook's minivan while simultaneously activating their blue lights and sirens. The decedent failed to stop his vehicle, and a vehicle pursuit ensued. The decedent accelerated his vehicle on a mountain road with numerous twists and turns before eventually losing control and crashing into an embankment and utility pole. Deputies immediately exited their respective vehicles with their guns drawn and began approaching the badly damaged minivan while yelling commands for Brook to put his hands in the air where they could see them. Deputies then heard a shot from within the minivan. Each approaching deputy perceived a lethal threat to their lives and the lives of their fellow deputies and fired varying numbers of rounds at Brook.
“After discharging their firearms, the deputies made a cautious approach to the vehicle and observed Brook with a gun in his hand. Deputies immediately backed away from the vehicle until they could procure a ballistic shield from one of the deputies’ vehicle. Deputes then made a second approach to the wrecked minivan, where they found Brook unresponsive. Brook was immediately removed from the vehicle, and life-saving measures were rendered. Emergency Medical Services arrived shortly thereafter and determined Brook had succumbed to his wounds.”

Murray directed Vines to close the file and return evidence to the owners of the items.