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Photos by Gordon Kinlaw
District Attorney Jon David has determined that law enforcement officers were “justified” in the use of deadly force in shooting and injuring Dennis Marshall on Feb. 13 during a traffic stop in Elizabethtown.
Marshall was hospitilized after being shot during what began as a routine traffic stop in downtown Elizabethtown about 1 a.m. on Feb. 13, the Bladen County Sheriff’s Office said.
“An officer is permitted to use deadly force to defend an attack with a deadly weapon against either himself or a third person in his presence,” David said Wednesday afternoon in a news release. “After considering all of the evidence, it is my opinion that the officers’ actions were justified and the need for deadly force was authorized. Indeed, Deputy (David) Schmale and Officer (Blake) Bryan acted in a manner consistent with their training and experience. The shooting in this case was not excessive, but rather was a measured response to Mr. Marshall’s violent and criminal behavior.”
Marshall, 29, was indicted Monday by a grand jury on two counts of attempted first degree murder and one count of assault on a law enforcement officer with a firearm. He was brought from Raleigh’s Central Prison to Elizabethtown on Tuesday to be served the indictments and read the charges. Both of his hands were heavily bandaged as a result of injuries suffered during the shooting. Neither officer had serious injuries as a result of the shooting.
The shooting was investigated by the State Bureau of Investigation, which is common practice in officer-involved shootings. The Bladen County Sheriff’s Office found in its own investigation that both officers acted properly.
The incident began about 1 a.m. on Feb. 13 when Schmale initiated a traffic stop near the intersection of Poplar Street and King Street after observing Marshall run two traffic lights, the Sheriff’s Office said.
During the stop, it was learned that Marshall was wanted for failing to appear on a possession with intent to manufacture, sell and deliver a Schedule VI controlled substance (marijuana) from a case in 2010. When Marshall was searched, officers found a small bag of a controlled substance.
While attempting to arrest Marshall, he was able to break away and retrieve a handgun from his car, according to David. He fired at Bryan, who had come to assist Schmale. Schmale and Bryan returned fire and Marshall was shot multiple times, David said.
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