CMPD releases body cam video of officer shooting, killing robbery suspect

CHARLOTTE, N.C. — On Wednesday, the Charlotte-Mecklenburg Police Department released body camera video detailing the moments a robbery suspect was shot and killed by an officer earlier this year.

>> Watch the video below. Due to the graphic nature of the video, viewer discretion is strongly advised.

In January, police said Michael Kelley walked into the South End Presbyterian Church, asked for prayer, then slashed the pastor with a box cutter before stealing his wallet and car.

[PAST COVERAGE: Charlotte pastor fought off attacker who was fatally shot by police officer]

They said Kelley then robbed the Family Dollar on West Tyvola Road before Officer Timothy Kiefer spotted him on West Boulevard.

The district attorney's office released a 115-page report in March explaining why Kiefer wouldn’t face charges in the shooting.

The DA’s report said the video from Kiefer’s body camera “shows the decedent emerging from behind the dumpsters with his left arm pointed toward Officer Kiefer and his right arm behind his back.”

It said Keifer then ordered Kelley to get to the ground and to take his hand from behind his back. Kelley reportedly said, “I’ll shoot you,” and started running toward Kiefer.

The video shows Kiefer letting his K-9 officer out of the vehicle, but the dog does not run toward Kelley.

[ALSO READ: Officer who shot, killed man accused of attacking Charlotte pastor won't be charged]

Next, it shows Kiefer firing several shots while Kelley continues to run toward him. Kiefer then runs behind his vehicle, but Kelley was still chasing him. Kiefer continues to shout commands at the dog, but it does not go after Kelley.

That’s when Kiefer fires three additional shots which hit Kelley, who falls to the ground bleeding.

The report said Kelley fell and dropped a knife on the ground.

It continued that Kiefer “faced an imminent threat of great bodily harm or death,” and the state decided not to charge him.

Eyewitness News Anchor Allison Latos spoke with CMPD K-9 Sgt. Brian Russel about why the dog did not run toward Kelley, despite receiving commands.

"The handler gives the command to apprehend, but the dog doesn't see the person. He is not going to immediately run in any direction. He has to see the target," Russel said.

Russel said the body camera shows the dog, Bocco, look to Kiefer for direction and even, jump in frustration that he didn't see a target. Russel said this type of incident is rare and said when Bocco finally saw Kelley, the dog attempted to apprehend him, but Kelley was already on the ground.

"What we don't want is a dog to think that they can just inadvertantly bite whoever happens to be standing around," Russel said.

CMPD INCIDENT SUMMARY:

On January 16, 2019, the Charlotte-Mecklenburg Police Department investigated two separate armed robberies in the Westover Division, in relatively close proximity to each other. The first robbery occurred at approximately 1:40 p.m. in the 300 block of Freeland Lane. During that robbery, the suspect entered a church and asked for money. When a man inside the church declined to give the suspect money, the suspect pulled out a box cutter, cut the victim and then proceeded to take the keys to his Infiniti and the suspect left the area. The report number for this robbery is 2019-0116-135600.

A short time later, a suspect matching the description in the prior incident, robbed the Family Dollar Store in the 460 block of West Tyvola Road. The suspect in this robbery left the store in an Infiniti.  The store employees reported that they believed the suspect was armed with a gun during the commission of the robbery.  The report number for this robbery is 2019-0116-135701.

At approximately 2:40 p.m., a Westover Division patrol officer located the unoccupied stolen Infiniti in a shopping center in the 1500 block of West Boulevard. Based on the description given of the suspect in both robberies, officers believed the same suspect committed both robberies.

Officers were circulating the area when K-9 Officer Timothy Kiefer observed the suspect standing on the sidewalk near the location where the Infiniti was found.  Officer Kiefer advised over the radio that he had located the suspect and pulled into the parking lot in the 1500 block of West Boulevard. Officer Kiefer exited his patrol vehicle and observed Mr. Kelley step out from behind a dumpster. Officer Kiefer gave Mr. Kelley several loud verbal commands; however, Mr. Kelley began rapidly moving toward Officer Kiefer, holding in his right hand what Officer Kiefer thought was either a gun or a knife. Officer Kiefer let his K-9, Baco, out of the vehicle and continued giving commands to Mr. Kelley. Mr. Kelley continued progressing quickly toward Officer Kiefer.  Officer Kiefer discharged his firearm several times, striking Mr. Kelley. Mr. Kelley was transported to Atrium Health where he was pronounced deceased a short time later.

The Charlotte-Mecklenburg Police Department’s Homicide Unit concluded their investigation and turned all of the evidence over to the Mecklenburg County District Attorney’s Office for their review. On March 26, 2019, the District Attorney determined that Officer Kiefer faced an imminent threat of great bodily harm or death and did not seek any charges related to the death of Mr. Kelley.

For a detailed synopsis of the District Attorney’s decision, click here.

Cox Media Group