DA: Deadly officer-involved shooting at Lenoir Walmart justified

LENOIR, N.C. — Police said they initially came to the Walmart because of reports of car break-ins.

When police tried to arrest one of the suspects, he fired a gun at them. The same suspect is also wanted for shooting a man in Burke County.

The district attorney said the officer-involved shooting at the Lenoir Walmart was justified.

Thomas Bollinger showed Channel 9 where he has two dozen stitches after he said Carl Nivens shot him in the stomach at a family member’s home in Burke County.

Bollinger said he and the suspect got into a confrontation after Nivens began acting unruly.

"He pulled out a gun and I didn't like that so I asked him to step outside and when I stood up he shot me," Bollinger said.

Bollinger was recovering in the hospital when he learned police shot and killed Nivens at a Walmart in Lenoir.

Police said they used force when Nivens ran from the officer and then pointed a gun at him and fired.

"I don't doubt it a bit. I believe he would have shot the police officer. No doubt in my mind."

Bollinger doesn't know if the weapon recovered in the Walmart parking lot was the same one Nivens used in his shooting but he believes Nivens shot at the officer because he was worried about being arrested for his shooting days earlier.

"That's why I believe he tried to shoot the officer because he knew he was going to do a lot of time for what he had done in the past," Bollinger said.

Sheriff deputies in Burke County confirm to Channel 9 that there were warrants for Nivens' arrest in the shooting and several break-ins.

Tonight, Bollinger is thankful the Lenoir officer wasn't hurt. He doesn't have any remorse for what happened to Nivens.

"I just felt like justice was served," Bollinger said.

Channel 9 asked investigators why Nivens fired at them and they said it is a question no one may be able to answer.

District Attorney David Learner, after reviewing multiple video accounts of the officer-involved shooting determined that the officers acted properly and the use of deadly force was justified.

The district attorney reviewed video surveillance from Walmart, body camera video from the officers, preliminary autopsy photos and preliminary toxicology screens that indicated the presence of amphetamines and methamphetamine in Nivens’ system.

“The officers’ decisions to use deadly force were fully justified and undoubtedly avoided injury to the officers and innocent bystanders,” Learner said. “Nivens was actively shooting at Sgt. Ingram who returned fire, killing the suspect.”

Cox Media Group