News

Newman clears Buncombe deputies in shooting of gunman

By Lightning Reports, Published: May 12, 2020

Buncombe County Sheriff’s deputies Scott Robinson and Todd Ernst were completely justified in having to fire upon armed gunman Shane Tilman Kent, age 29, on March 31, 2020 outside the Buncombe County Courthouse and Asheville City Hall, District Attorney Greg Newman said Tuesday.

The elected District Attorney for Henderson, Polk and Transylvania counties, Newman was asked to review this case for Buncombe County District Attorney Todd Williams because Williams observed the incident and was a potential witness.

“I have met with the NC State Bureau of Investigation (SBI) agents who conducted the investigation of this event," Newman said. "Following my meeting with them, as well as my review of their interviews and video tapes, it is clear that Deputies Ernst and Robinson performed their duties admirably and within the guidelines for North Carolina peace officers. There is absolutely no violation of North Carolina law by these officers and I commend Ernst and Robinson, and the many other Buncombe County deputies and Asheville Police officers, for bringing this significant threat to public safety to a successful conclusion. It is unfortunate when our law enforcement officers must use force to restore order, but in this situation, no other choice was available."

“I spoke personally with Sheriff Miller last week and discussed my findings with him. I recommended that the two deputies be cleared for active service," he added. "Naturally, the return to active duty will be determined by the sheriff."

The events of the morning of March 31 at the courthouse began when probation officer Jamie Harris heard a gunshot and saw a Chevrolet Avalanche with smoke in the cab. Harris approached the vehicle and saw what appeared to be a bullet hole in the passenger window of the Avalanche. He called 911 with a report of a possible self-inflicted wound victim. When Harris moved closer to the vehicle, a male subject popped up in the seat and Harris shouted for the man to show his hands. The man, later identified as Shane Tilman Kent, fired at least two shots in Harris’ direction. The radio communications used by the Asheville Police indicated additional shots fired by Kent from inside the Avalanche.

A combination of Buncombe County Sheriff’s deputies and Asheville Police officers approached the Avalanche using mobile protection shields. Video footage provided by the Asheville Police, and by several onlookers from inside the courthouse, show that police shouted several commands for Kent to show his hands. When Kent refused to comply with the instructions of law enforcement, an attempt was made to get into the cab of the vehicle to physically apprehend him. Kent still had possession of the gun, which was a 9mm handgun, and he attempted to point the weapon at police as they struggled to arrest him. When the gun became visible to the officers, deputies Ernst and Robinson fired at Kent from both the front of the vehicle and the passenger side of the cab. Kent, with no known address at the time, was declared dead at the scene.

“It is important to note that if this was a ‘regular’ day, in other words pre-coronavirus, there would have been hundreds of people in this area," Newman said. "I have no doubt that others may have died. The SBI determined that Kent shot the 9mm pistol 10 times and the gun was still loaded with two rounds. The fact that this situation was resolved with minimal injury to officers and limited loss of life is a tribute to the great law enforcement work on March 31st. These men and women are to be commended for the way they performed their duties."

Very little is known about why Kent was in the Chevrolet Avalanche. The vehicle belongs to a juvenile justice officer, who thought he had locked the vehicle earlier that morning when arriving for work. The firearm used by Kent also belonged to the same officer, who stores it in his glove box.

“I have only limited information about Mr. Kent and I do not want to say anything that may further upset or embarrass his family,” Newman said. “No one really has an explanation for why Kent did what he did. What is clear is that he was given multiple opportunities to drop the gun and show his hands. Had he just done those two things, he would be alive today. Very sad and tragic, but the officers and deputies did what was necessary to protect the public."