Charlotte cop who shot at moving car in airport lot could face federal trial
A Charlotte police officer who shot at a fleeing car while responding to an airport trespassing call does not have immunity and, based on facts presented to an appeals court, probably used an unconstitutional level of deadly force, appellate judges ruled Tuesday.
The decision kicks a 2021 federal lawsuit on the now seven-year-old use of force case back to Charlotte judges and closer to trial.
On a late July night in 2018, Officer Xeng Lor fired two shots at then 20-year-old Xyavier Calliste as he drove away from an airport employee parking lot he was not authorized to be in. Calliste in 2021 filed a lawsuit against the City of Charlotte and Lor, alleging the officer violated Fourth Amendment rights protecting people from unreasonable search and seizure.
In proceedings, the Charlotte shooting has been compared to cases that previously cycled through the country’s second highest court. Those cases established that shooting at a fleeing car while the shooter is no longer in its trajectory is an unconstitutional use of deadly force. Court documents also reveal new information on Charlotte-Mecklenburg Police Department’s internal investigation into the case.
Excessive force at CLT airport parking lot
Lor has said he shot his gun because he believed Calliste was going to run him over. But body camera video showed — and a federal judge found — that Calliste’s car had already passed by the officer when he fired.
U.S. District Judge Max Cogburn Jr. in September 2023 issued an order rejecting Lor’s request for immunity, something often granted to officers when their use of force is deemed reasonable. Lor should have known shooting at a car that had already passed could be unconstitutional, he said, and a jury should decide it.
The case landed in the Fourth U.S. Circuit Court of Appeals after Lor appealed Cogburn’s order.
Appeals court denies Charlotte officer use of force immunity
Lor’s lawyer in a pointed May appellate hearing again argued the officer should have immunity. Attorney Steven Andrew Bader said that Calliste’s car was coming directly toward Lor when he started to fire his gun. When Lor fired, Calliste had already begun passing by him.
The shots were a “product of his reaction time,” Bader said. When he fired, Lor still feared for his life. To say his use of force was unjustified and unconstitutional would be “the kind of armchair quarterbacking” courts cannot engage in.
“You’re talking about seconds,” Bader said. “You’re talking about an officer in the field who doesn’t necessarily know what this driver’s intent is when he’s at a secured airport.”
Fourth Circuit Judge Stephanie Thacker, of West Virginia, referenced an internal CMPD investigation. His own department found that he used an excessive amount deadly force. He was disciplined with a month of unpaid leave, a week of remedial training and a two-week ride-along with a training officer.
“That’s not armchair quarterbacking,” the judge said. “They’re part of his own team.”
Calliste’s lawyer echoed the same during the hearing.
“Lor’s own police department concluded that he didn’t face an imminent danger and that he wasn’t justified in using deadly force,” said attorney Gregory Cui. “And it disciplined him for violating the policies.”
Bader asked the judges not to consider the internal investigation when making their decision.
The three appellate judges in an unpublished opinion Tuesday dismissed Lor’s appeal on a technicality, saying they simply lack jurisdiction to overturn Cogburn’s conclusion that Lor fired his gun after Calliste’s car passed him. But the recording of the hearing details judges’ skepticism toward Lor’s use of force. They repeatedly cited case law that would find Lor in violation of the Constitution.
“We are deeply appreciative of the Fourth Circuit’s ruling, which clears a key procedural hurdle,” said attorney Micheal Littlejohn, who has represented Calliste in Charlotte’s federal court. “We now return to the trial court, where we will continue to pursue justice for Mr. Calliste.”
Bader and Stephanie Webster, who has represented Lor in Charlotte, did not respond to requests for comment before publication.
According to public records listing employee salaries, Lor is still employed at CMPD and making more than $100,000 a year as a patrol officer.
At the time of the shooting, Lor had never before fired his weapon on duty, according to court records. He has been with CMPD for more than 20 years.
This story was originally published June 26, 2025 at 5:00 AM.
