PA Bill Number: SB945
Title: Consolidating the act of August 9, 1955 (P.L.323, No.130), known as The County Code; and making repeals.
Description: Consolidating the act of August 9, 1955 (P.L.323, No.130), known as The County Code; and making repeals. ...
Last Action: Third consideration and final passage (199-0)
Last Action Date: Apr 17, 2024
North Carolina Self Defense: D.A. won't press charges in Boiling Spring Lakes shooting death :: 02/25/2022
Brunswick County District Attorney Jon David won't pursue charges in a shooting death that occurred in the Brunswick County town of Boiling Spring Lakes in January, saying that the man who killed Hiram Jay Willetts, 61, acted in self defense.
During a Jan. 6 incident in Boiling Spring Lakes, Jeffrey Smith shot and killed Willetts with a handgun.
According to a news release from Ashley N. Bullard, David's executive assistant, after reviewing evidence and meeting with members of the Boiling Spring Lakes Police Department and the North Carolina State Bureau of Investigation, the D.A. "determined that Mr. Jeffrey Smith’s actions were justified."
According to the release, someone called Brunswick County 911 around 7 p.m. on Jan. 6 to report that Jerimiah Smith had been assaulted by Chris Manus and that Smith needed medical attention. First responders took Smith to Novant Health Brunswick Medical Center.
Later, Smith's father, Jeffrey Smith, called 911 and said the men who had assaulted his son — men he identified as Manus and Willetts — were at 150 Windmere Drive in Boiling Spring Lakes.
According to the release, Smith was talking to 911 while in his vehicle, which was parked on the road down the street from 150 Windmere Drive with his driver's side window down. While Smith was still on the phone with 911, the release stated, Willetts "appeared out of nowhere" and rammed the barrel of a shotgun into Smith's forehead, causing a cut.
During a struggle over the shotgun, the release continued, Smith grabbed a handgun from the center console of his vehicle and fired three shots. The first two shots went into the ground, but the third shot hit Willetts in the head, killing him.
According to the release, Smith then left the scene of the shooting but stayed on the phone with 911, returning after police arrived. He then spoke with officers and surrendered his handgun.
When police arrived, they could not find the shotgun Smith said he and Willetts were struggling over. Police now say that Manus removed the shotgun from the scene before they arrived.
Bullard did not immediately return an emailed question asking whether Manus has been charged with any crimes.
David pointed to N.C. general statute 14-51.2, which states that deadly force can be justifiably used against a person who has "unlawfully and forcibly entered" a motor vehicle if the occupant has "a reasonable fear of imminent death or serious bodily harm."
"Mr. Jeffrey Smith could not have known what Mr. Willetts' intentions may have been," David is quoted as saying in the release. "Further, Mr. Jeffrey Smith was located in his motor vehicle on a public street at the time of the incident. Therefore, Mr. Jeffrey Smith’s use of deadly force was entirely reasonable under the circumstances. Mr. Jeffrey Smith will not be criminally charged with the death of Mr. Willetts."
David said he has met with Willetts’ family "to discuss my decision that Jeffrey Smith was legally justified in using deadly force under the theory of self-defense and would not be criminally charged. Additionally, in the interests of transparency and accountability, I have made our complete investigative file available for inspection by the civil attorney of Mr. Willetts’s family, should they choose to retain one."
David added that while he believes the shooting was "legally justified," he doesn't consider it "a desirable outcome."
"I want to encourage our citizens to report crimes to law enforcement and trust the process, rather than taking self-help," David said. "The death of Mr. Willetts is a tragedy which could have been prevented had law enforcement been given the opportunity to do their jobs.”
