Charlotte cops cleared in traffic-stop shooting of armed man, Mecklenburg DA says
Two Charlotte police officers were justified in shooting a man who pulled a gun on them during a traffic stop, said Mecklenburg District Attorney Spencer Merriweather. They will not face charges.
Charlotte-Mecklenburg Police Department Officers Joshua Heater and Kenneth Kludy fired a total of 13 shots at Nerin Funez-Reyes during a traffic stop on Sept. 22. They were investigating allegations that a man who matched Funez-Reyes’ description had assaulted and threatened to kill victims in south Charlotte.
According to Merriweather’s Wednesday report on his review of officer interviews, footage and evidence, Funez-Reyes at the traffic stop first denied having a gun. Then he pointed one at both officers.
.jpg "IMG_SPENCER_MERRIWEATHER_6_1_LFGJBV2H_L504497437 (1).jpg")
Victims on Kingsford Road — just off Nations Ford Road — told the officers that a man named “Dennis” around 4 p.m. destroyed one of their phones, pointed a gun at them, fired a bullet into the ground near their feet and threatened to kill them, according to officers’ interviews summarized by Merriweather.
Just before 7:30 p.m., another assault call came from the same Kingsford Road address.
Callers said someone “in a black Honda Accord had fired a gun and was still in possession of a firearm,” according to Merriweather’s review.
Heater and Kludy responded to that call, believing it was in reference to the earlier call about “Dennis.”
According to body-worn camera footage reviewed by Merriweather, Funez-Reyes at the traffic stop told officers he had not been on Kingsford Road. He also told them his name was not “Dennis” and showed them his passport.
Funez-Reyes “vigorously shook his head in the negative” when officers asked if he had a gun, according to footage reviewed by Merriweather. Officers said they could see an open beer can in the front cup holder and a 40-ounce beer bottle in the backseat.
When officers asked if they could search his car for a gun, he responded: “Never.” They asked him to step out of the car and opened his door.
That’s when Funez-Reyes turned away, grabbed a gun and pointed it first at Heater then at Kludy.
Heater fired first, and Kludy followed.
Two bullet casings found between the windshield and hood of the Honda Accord were fired from Funez-Reyes’ weapon, but “it cannot be determined with certainty when these rounds were fired,” Merriweather wrote. “While it is without question that the decedent pointed the gun at Officers Heater and Kludy, it cannot be determined whether he fired the gun during these events.”
Video does not show Funez-Reyes firing.
Kludy was hit in the leg during the gunfire, but copper bullet casings on his pants did not match Funez-Reyes’ bullets.
“Although it is uncertain whether the decedent fired his weapon during this encounter or whether Officer Kludy was struck by a ricocheting bullet fired by Officer Heater, it is without question that the decedent pointed a firearm directly at a police officer at close range,” Merriweather wrote. “Under these circumstances, a reasonable police officer would justifiably believe that they or their partner were in imminent danger of great bodily harm or death.”
Funez-Reyes was hit six times, according to an autopsy report. A gunshot to his head killed him, the Medical Examiner’s Office found.
This story was originally published December 18, 2024 at 2:58 PM.
