News

Hunt: No criminal charges against officers

By Bill Moss, Published: June 25, 2012

On the heels of a news release from the city of Hendersonville announcing disciplinary action against three officers involved in the March 8 shooting of an unarmed burglary suspect, District Attorney Jeff Hunt released a statement saying the officers won't face criminal charges.The "actions of the officers involved fail to rise to the level of criminal conduct considering the entirety of the facts established in the SBI investigation," Hunt said in the news release. Hunt said he could not comment further because the burglary suspect, Fletcher Smiley, is awaiting trial.
"Finally, it is important to reiterate that, as always, my examination is solely as to possible criminal prosecution of these officers based on their conduct in this event. I don't have authority to reach official conclusions on any non-criminal implications or aspects. I have informed Chief Blake and discussed the SBI investigatory report with him."
Here is the full news release from Hunt's office.
"At midnight March 8th Hendersonville Police were called by a homeowner on 7th Ave. E to an alleged breaking and entering. Based on surrounding circumstances and the homeowner's description, a suspect was developed, and allegedly was then reported as being in the neighborhood. A manhunt ensued; and the suspect was allegedly seen and eluded officers several times thereafter.
"Ultimately, 41 year old Fletcher Ross Smiley of Hendersonville was apprehended, arrested and charged with second degree burglary, larceny after breaking and entering and possession of stolen goods based on the events that night and the following early morning hours. Mr. Smiley suffered injuries to his left forearm and hand believed to be the result of one or more shots discharged by one or more of the arresting officers. He was transported to the hospital from the scene.
"These circumstances triggered long established procedures worked out by my office and our law enforcement agencies. Consequently, Chief Blake and I immediately jointly requested the SBI to conduct a criminal investigation; and Chief Blake initiated a concurrent, separate departmental internal investigation of these circumstances.
"Upon examining the detailed SBI investigatory report, it appears Mr. Smiley's injuries were indeed, the result of one or two shots discharged by one or two of the arresting officers in connection with this suspected breaking and entering, and Mr. Smiley's apprehension. Further, these actions of the officers involved fail to rise to the level of criminal conduct considering the entirety of the facts established in the SBI investigation.
Because Mr. Smiley is awaiting trial, my office is constrained to discuss in greater detail overlapping facts involving his injuries during apprehension; and the alleged charges for which he awaits trial. He is now in custody and as part of his pre-trial criminal "discovery" material, my office has provided Smiley's attorneys with this SBI investigation report. Therefore, he and his attorneys have a full understanding of the same information I examined.
"Finally, it is important to reiterate that, as always, my examination is solely as to possible criminal prosecution of these officers based on their conduct in this event. I don't have authority to reach official conclusions on any non-criminal implications or aspects. I have informed Chief Blake and discussed the SBI investigatory report with him."