CITY OF RALEIGH

INTEROFFICE MEMORANDUM
To: J. Russell Allen,
City Manager

From: Harry P. Dolan,

Police Chief

Date: October 7, 2009

Re: Preliminary Report of September 30, 2009

Officer Involved Shooting

An officer involved shooting occurred on September 30, 2009 at 628 Hutton Street, off
Blue Ridge Road. The State Bureau of Investigation is conducting a criminal investigation of the
shooting and will present the completed investigation to District Attorney Colon Willoughby for
review. The Internal Affairs Unit of the Raleigh Police Department is conducting an
administrative investigation of the use of deadly force by the officers. When complete, the
administrative investigation will be reviewed by supervisory staff. The detective division is
investigating the crimes committed by the suspect who was shot. All investigations are on-
going. The preliminary review of the incident shows the following:

On September 30, 2009 at approximately 1:10 p.m., Justin Lamar Thomas parked his
vehicle on the street outside the South West District Police Station, located at 601 Hutton Street.
Mr. Thomas exited his vehicle and discharged a firearm into the air. Lt. Niemann was inside the
South West District Station and heard the shot. Lt. Niemann had observed Mr. Thomas park his
vehicle just before he heard the shot. He looked outside and saw Mr. Thomas staring at the
police station but did not see a weapon at that time.

Lt. Niemann along with several other officers went outside to investigate. When they
approached Mr. Thomas and identified themselves, Mr. Thomas stepped back from his vehicle
and displayed two handguns. Officers ordered Mr. Thomas to put down the weapons. Mr.
Thomas refused to comply with their commands and began to walk away from them, heading
west toward Blue Ridge Road. Officers followed Mr. Thomas and notified communications.
Several other units responded to the area to stop traffic and establish a perimeter around Mr.
Thomas.

Mr. Thomas made his way to the offices of NCSU COMTECH, located at 628 Hutton
Street, Suite 106. Officers observed him as he was going into the facility and quickly surrounded
the building. Mr. Thomas ordered all of the employees at NCSU COMTECH to exit the building
and then barricaded himself inside.
 Mr. Thomas was observed pointing his firearms at his head and waving them around in
the air. Officers attempted to locate and evacuate all civilians in the area. Mr. Thomas
repeatedly came outside the building at both the front and rear entrances. Each time he came to
the door he was armed with two handguns. Several attempts were made to establish
communication with Mr. Thomas.

Sgt. Rosa, Senior Officer Batton, Master Officer Patercity and Senior Officer Reeves
were stationed together at the rear of the business. Sgt. Rosa attempted to engage Mr. Thomas in
conversation each time he would appear at the rear entrance to the building. At approximately
2:30 p.m., Mr. Thomas exited the rear of the building with both handguns and was ordered by
Sgt. Rosa to drop his weapons. He pointed one of the handguns at his own head and went back
inside. A few moments later he came back out with the handguns and pointed them in the
general direction of Sgt. Rosa and the other officers who were with him. He was given
commands to drop his weapons. He refused to comply and went back inside. After another brief
moment, Mr. Thomas came out a third time with a handgun in each hand. His finger was plainly
visible inside the trigger guard of the weapons. Sgt. Rosa commanded him to drop the weapons.
Mr. Thomas refused to comply with Sgt. Rosa’s commands and began to bring the handguns up
and point them at the officers. At that time Sgt. Rosa, Senior Officer Batton and Master Officer
Patercity discharged their firearms. Sgt. Rosa fired one round from his Department issued
shotgun, Senior Officer Batton fired one round from his Department issued shotgun and Master
Officer Patercity fired one round from his Department issued handgun. The suspect was struck
one time, fell to the ground and was taken into custody.

Medical personnel, who had been staged nearby the scene at the request of departmental
personnel, rendered immediate medical attention and transported Mr. Thomas to Wake Medical
Center.

No officers were injured during this incident. Mr. Thomas was admitted to Wake
Medical Center and, at the time of this report, is listed in stable condition. Upon his release from
the hospital, Mr. Thomas will be charged with six (6) counts of Second Degree Kidnapping, six
(6) counts of Assault With a Firearm on a Law Enforcement Officer, one (1) count of Going
Armed to the Terror of the Public and one (1) count of Discharging a Firearm within the City
limits.

Pursuant to departmental policy, Sgt. Rosa, Senior Officer Batton and Master Officer
Patercity were placed on administrative duty.