"On Friday, December 23, 2011, Jasmine Thar was killed by a bullet, which was fired from a rifle
located in the residence of James Anthony Blackwell, 312 East 3rd Avenue, Chadbourn, North Carolina.
Jah'mesha McMillian and Treka McMillian were also struck by the same bullet and the fragments of that
bullet. Sadly, the shooting incident occurred in the presence of Jasmine's mother, younger brother and
other friends and family members. Everyone involved in the investigation of this case, including law
enforcement and prosecutors, have been deeply moved by this tragedy and have pledged their commitment
to seek the truth.
Earlier today, I met with the family members of Jasmine Thar to share our investigatory
findings and our determination that Mr. Blackwell cannot be charged criminally.
The shooting death of a child under these circumstances deserves nothing less than a complete and
thorough investigation coupled with a legal determination that is carefully researched and thoughtfully
considered. From the outset of this incident, law enforcement and the District Attorney's Office have
worked in team-like fashion to ensure that the facts were fully developed and that justice was pursued.
Members of the District Attorney's Office arrived at the crime scene and worked closely with the
Chadbourn Police Department and the State Bureau of Investigation. Later, the Federal Bureau of
Investigation assisted with a detailed background investigation and important laboratory testing. Some of
the best legal minds in our state, including lawyers from the Attorney General's Office and the Institute of
Government were consulted regarding the appropriate legal conclusion. At this time, our office has
received all pending laboratory tests and has reached a conclusion.
Our investigation has determined that the death in this case was the product of an accidental
discharge resulting in an unintended consequence. The fact that a shooting occurred does not, standing
alone, constitute criminal negligence. Mr. Blackwell's actions fall well short of the evidence necessary to
prosecute him for involuntary manslaughter or any other homicide offense. There is no evidence to suggest
that Mr. Blackwell shot Jasmine Thar willfully or intentionally. Rather, Mr. Blackwell believed the gun
was unloaded at the time that it accidentally discharged. The bullet traveled through a shut window with the
blinds in a closed position.
Furthermore, there is no evidence that Mr. Blackwell's actions were motivated by racial hatred or
animosity between the parties. Instead, multiple witnesses reported observing Mr. Blackwell screaming,
crying, and showing extreme remorse directly following the shooting. Generally, our criminal law does not
punish accidental conduct, even an accident that has a tragic, extreme, and unintended outcome. The law
compels us, in this case, to conclude that Mr. Blackwell cannot be criminally charged in connection with
this accidental shooting.
In the interests of transparency and accountability, I have made our complete investigative file
available for inspection by the victim's family and by their civil attorneys."