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Deputies cleared of wrongdoing in death of China Dragon suspect
By Lynn Hotaling
A review by the State Bureau of Investigation and 25th District Attorney Jay Gaither has cleared Jackson County Sheriff’s deputies of any wrongdoing in the November 2005 death of robbery suspect Dewann McCollum.
According to a press release issued by local District Attorney Mike Bonfoey, an investigation into the case has determined that there was “no evidence of criminal misconduct by any of the law enforcement officers involved and that the officers’ use of deadly force was lawful in the circumstances of the case.”
Jackson County Sheriff Jimmy Ashe said Tuesday that while such circumstances are always unfortunate, he is grateful it has been determined that his officers acted appropriately.
“It’s an unfortunate circumstance any time someone loses their life, and it’s equally unfortunate for the officers to be placed in a situation where they have to defend themselves against deadly force,” Ashe said. “I’m thankful there’s been an independent investigation that has revealed no wrongdoing on the part of the officers.”
SBI agents completed the investigation in June and turned their report over to Bonfoey, who decided to pass it along to Gaither for a determination of whether deputies were guilty of any wrongdoing.
“We have examined the witness statements, physical evidence, autopsy report, drawings, diagrams and hand-written notes,” Gaither’s report said. “In making our determination we have also considered the events and circumstances of the hours immediately preceding the death of Mr. McCollum. After careful review of the SBI investigative file, we have determined that there is no evidence of criminal misconduct by any of the officers involved. It is also our opinion that the officers’ use of deadly force was lawful.”
The SBI investigation was called for by Bonfoey and Jackson County Sheriff Jimmy Ashe after three members of the Sheriff’s Emergency Tactical Team fatally shot the 34-year-old McCollum Nov. 16. The officers opened fire after the suspect allegedly lunged at them with a 10-inch kitchen knife in an empty unit at Moss Apartments in Cullowhee.
The SBI report says that officers served a search warrant for McCollum’s residence that morning, but did not find him. SETT members located McCollum in a nearby vacant apartment based on information from the apartment manager.
After entering the apartment, SETT officers ordered McCollum to drop his weapon, which he did not do, according to the SBI report. When McCollum made “threatening movements” towards the officers, they fired their weapons and fatally wounded him, the report said.
McCollum was the chief suspect in an armed robbery and shooting at Cullowhee’s China Dragon restaurant that occurred in the early morning hours of Nov. 16.
Employees Jie Lin and Caibo Lin, along with owner Qi Lin, were struck by gunfire during the robbery attempt. Reports indicate that the suspect attempted to sexually assault employee Becky Lin.
According to the search warrant, authorities had reason to suspect McCollum because Qi Lin identified him as the assailant. Lin said he recognized McCollum as the man who had helped deliver a refrigerator he purchased from one of McCollum’s employers, Wanda Moss.
Bonfoey said Monday that he recused himself because he was present at Moss Apartments when McCollum was shot.
“I was there – the SBI interviewed me,” he said. “I was a witness so I couldn’t be the one to evaluate the report.”
Despite the evidence, McCollum’s friends and family said the robbery attempt was out of character for him. One of his employers said she thought he was incapable of such a crime and questioned the force used by the officers.
Several of McCollum’s family members, including former Western Carolina University basketball standout Anquell McCollum, Dewann McCollum’s first cousin, said in November that if the suspect was armed only with a knife it shouldn’t have merited such deadly force.
Bonfoey indicated Monday that Gaither’s report closes the case as a criminal matter.
Gaither’s district includes Burke, Caldwell and Catawba counties.
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