‘Self-defense’: No charges against Chester police who killed armed suspect
No charges will be filed against Chester police officers who killed a shoplifting suspect in November, South Carolina officials said Friday.
A police investigation showed the handcuffed suspect, Ariane Lamont McCree, 28, had a gun and charged at police before he was fatally shot, according to the S.C. Attorney General’s Office.
McCree died Nov. 23 outside a Walmart after a shoplifting incident, law enforcement and prosecutor officials said Friday. Police said McCree had a gun when he was shot, according to a written statement by the attorney general.
The statement said the Chester police officers involved in the shooting, who were working off-duty at the store, are cleared.
“It is clear from both officer and witness statements that McCree pointed his gun at the officers while handcuffed and that the officers then responded by firing their weapons at him.,” Robert Kittle, spokesman for the S.C. Attorney General’s office, said in a statement. “Because the officers acted in self-defense and defense of others present at the scene, the Attorney General’s Office has declined to prosecute the officers.”
McCree had shoplifted from the store earlier that day then returned to the store, according to the attorney general’s office.
“A Walmart cashier told investigators he scanned an item for Mr. McCree the morning of November 23rd,” Kittle said. “ McCree took the item, said, ‘put it on my tab,’ then walked out of the store without paying for it.”
McCree was taken into custody inside the store after he returned, attorney general officials said.
McCree was handcuffed with his hands behind his back at the time he was killed, according to the statement from the attorney general. He had escaped police custody and ran outside where he retrieved a gun from his car, officials said.
“The officer called for other officers to respond and pursued McCree on foot in the parking lot,” Kittle said. “During the chase, McCree ran at the officer and head butted him before running away again. The officer briefly lost sight of McCree and directed the other responding officers to form a perimeter to box McCree in the parking lot. Two customers in the parking lot witnessed McCree enter a black car and exit with a firearm in his hand while still handcuffed.“
The investigation and statements from an officer who fired at McCree showed McCree pointed the gun at an officer, Kittle said.
“In fear of his life and the lives of pedestrians in the parking lot, the officer drew his weapon and fired several shots at McCree, who fell between two cars. A witness saw McCree stand up and point his gun at the officer again. The officer fired again, ran out of ammunition, and radioed to the other officers for help.”
Kittle said the first officer who fired shots was not wearing a body-worn camera, and there is no Walmart video surveillance of the shooting. However, witness statements corroborate the officer’s statement, according to Kittle.
A second officer, who responded to Walmart to transport McCree to jail, heard the request for help as he arrived, Kittle said.
That officer saw McCree, who pointed his handgun at the officer, Kittle said.. The second officer fired his gun at McCree several times and walked toward him, Kittle said.
Video from the second officer’s body-worn camera shows that McCree was shot and collapsed to the ground, Kittle said. The gun McCree was holding cannot be seen until the officer approaches him on the ground, according to Kittle.
“The video shows that McCree tried to retain control of his black and silver Taurus semi-automatic pistol as the officer struggled to pry the weapon away from him,” Kittle said. “Once the officer removed the gun from McCree, he applied pressure to his chest wound until EMS arrived. McCree was transported to MUSC-Chester where he was pronounced dead due to a gunshot wound to the chest.”
The State Law Enforcement Division investigated the case because Chester police were involved. SLED submitted its report on the case earlier this month after interviewing dozens of people and reviewing videos, SLED officials said.
Randy Newman, 6th Circuit Solicitor and top prosecutor for Chester County, said he asked the attorney general to handle the case.
The shooting has become a dividing point between some in Chester and law enforcement. Hundreds of people attended a “March for Justice” in February from downtown Chester to the Chester County Courthouse. At least three demonstrations done with the National Action Network have been held.
In February, McCree’s family filed a lawsuit alleging wrongful death, false arrest, and civil rights violations against the Chester police, the city of Chester, Walmart, and the officers whose names have not been released. That lawsuit, first filed in South Carolina civil court in Chester County, has since been moved to federal court. The lawsuit remains pending.
The lawsuit claims McCree was detained and searched, then ran out of the store while handcuffed because he was “fearing for his life.” The lawsuit claims McCree had returned to the store to pay for an item that a clerk neglected to charge him for.
McCree graduated from Chester High School and Jackson State University in Mississippi, his family said. He played linebacker on the football team at Jackson State, according to family and school officials.
Officials have not released police bodycam and dashcam videos from the incident. SLED declined to release the videos after The Herald filed a S.C. Freedom of Information Act request in December.
This story was originally published March 20, 2020 at 5:04 PM with the headline "‘Self-defense’: No charges against Chester police who killed armed suspect."
