Concealed Carrier charged with murder Burke Co.

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https://www.wsoctv.com/news/local/d...r-allegedly-running-two-people-over/969058095

CONNELLY SPRINGS, N.C. - Deputies are investigating after a man riding a four-wheeler was shot and killed after reportedly running over two people early Monday morning in Burke County.

The shooting happened just before 2 a.m. on Old North Carolina 18 in Connelly Springs, which is 10 miles south of Morganton.

Officials said deputies got a 911 call, saying a person riding a 4-wheeler ran over two people on another person's property.

Deputies said a third person fired shots at the 4-wheeler, hitting the rider.

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The rider, identified as Lawrence Ervin McGee, died shortly after Burke County deputies and medical crews got to the property.

Channel 9 spoke with Andrew Smith, who has been charged with murder in the case. He said he was trying to keep others from being hurt when he fired several shots.

"I used my concealed carry the way I was trained to use it. I was protecting myself, my friends, my family," Smith said.

Sheriff Steve Whisenant said McGee didn’t live on the property where the shooting happened.

“When we went to the scene, things did not add up completely to the original information we were given,” Whisenant said. “As evidence was collected, it doesn’t appear it was completely self-defense.”
 
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100% pure uninformed speculation pulled from thin air follows:

I can see where some dude was out joy riding across another person's property drunk at 2am. Landowners and trespassers argue, trespasser speeds off hitting a couple folks, and dude shoots him. Not 'self defense' because trespasser was likely leaving the scene and not actively assaulting anyone.

Not saying that's how it happened, but I can see that as a plausible scenario for something like this. And, probably does not meet the standard for deadly force.
 
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Except for the part where the 4 wheeler driver ran over 2 people.
That’s a bit sketchy shooting him as he’s fleeing though. Unless the shooter fired immediately as the rider struck the 2nd person OR the rider was coming back toward them, it seems that firing was useless in defending others.
 
Let's balance that with this...

Concealed Carrier here in Hendersonville NOT charged last week after a fatal shooting:

Another perfect gentleman shot for no reason, according to the victim's family...

"...we are going to continue to investigate further and getting justice for Pup."
 
Okay, this happened at approximately 2am this morning and the investigation, which was and likely is ongoing, at first finds some holes in the shooting details ... one thing I was always told is if I were to use deadly force be ready to be halted off to jail and defend myself for firing.

We don’t know exactly what happened ... apparently no video just one man’s story with possible witnesses being hurt because they were run over by a 4-wheeler and the Sheriff’s Department said ...
”When we went to the scene, things did not add up completely to the original information we were given,” Whisenant said. “As evidence was collected, it doesn’t appear it was completely self-defense.”
... so they cuff and stuff the man claiming self defense and continue with the aid of the State Bureau of Investigation to go thru evidence, stories (hopefully the 2 people who were run over) and further assess. We really have just a couple pieces of the story ... at 2am a guy on a 4-wheeler ran supposedly ran over 2 people (why did he do it?) and a neighbor shot the guy on the 4-wheeler who evidently dies.

I’m also not sure if “charged” is correct ... his court appearance is tomorrow so “being held” might be more appropriate for now. Also even if charged there is still an investigation to run its course and other details will surface that could result in the possible murder charges being dropped, alternative charges resulting or even justified with “the rest of the story” from 2am.

Someone is shot and killed at 2am ... due diligence by the Sheriff’s Department and such is really not unexpected.
 
. “As evidence was collected, it doesn’t appear it was completely self-defense.”

Two to the chest? Seems like self defense. One to the back of the head... seems suspect.

Wait, what did he know about Hillary?
 
Okay, this happened at approximately 2am this morning and the investigation, which was and likely is ongoing, at first finds some holes in the shooting details ... one thing I was always told is if I were to use deadly force be ready to be halted off to jail and defend myself for firing.

We don’t know exactly what happened ... apparently no video just one man’s story with possible witnesses being hurt because they were run over by a 4-wheeler and the Sheriff’s Department said ...
... so they cuff and stuff the man claiming self defense and continue with the aid of the State Bureau of Investigation to go thru evidence, stories (hopefully the 2 people who were run over) and further assess. We really have just a couple pieces of the story ... at 2am a guy on a 4-wheeler ran supposedly ran over 2 people (why did he do it?) and a neighbor shot the guy on the 4-wheeler who evidently dies.

I’m also not sure if “charged” is correct ... his court appearance is tomorrow so “being held” might be more appropriate for now. Also even if charged there is still an investigation to run its course and other details will surface that could result in the possible murder charges being dropped, alternative charges resulting or even justified with “the rest of the story” from 2am.

Someone is shot and killed at 2am ... due diligence by the Sheriff’s Department and such is really not unexpected.

Well it says held without bond so yeah he's been charged, probably with the general murder charge. Otherwise he would have been given a bond unless they charged 1st degree which seems premature.
 
In my minds eye it was someone riding around and someone jumped in front of the atv to "stop them" and when the rider didn't stop for them he thought that shooting was justified.

Subject to revision.
 
What is it with guys on 4 wheelers? I've had 2 encounters that have happened to me that both involved guys on four wheelers. One was on my property and one at a gas station at around 130am. The situations with both escalated and I don't want to give specifics on here. If you know me personally ask me some time. In both situations I got out unscathed. Both of them were assholes. One appeared sober but the other I never could tell as he was wearing a mask. It was some sort of Halloween mask. It reminded me of those Scary Movie masks lol.
 
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Well it says held without bond so yeah he's been charged, probably with the general murder charge. Otherwise he would have been given a bond unless they charged 1st degree which seems premature.
The magistrate held him over but his first court appearance is tomorrow (Wednesday) ... I’d say that’s when bond will be discussed. That’s where I bet we’ll get the first real hints on why the Sheriff’s Department is looking so closely here.

The 2 victims who were run over both are okay ... one did go to the hospital and was released while the second person did not require a hospital visit.

I’m gonna guess that there is some history here that brings more to this story.
 
The magistrate held him over but his first court appearance is tomorrow (Wednesday) ... I’d say that’s when bond will be discussed. That’s where I bet we’ll get the first real hints on why the Sheriff’s Department is looking so closely here.

The 2 victims who were run over both are okay ... one did go to the hospital and was released while the second person did not require a hospital visit.

I’m gonna guess that there is some history here that brings more to this story.

Magistrates charge people with crimes they do not hold them over in the state of NC. The officers have at this point laid out their case to the magistrate who has found probable cause to charge and given the initial appearance. Tomorrow will be his first appearance were they will appoint an attorney. In the next few weeks they will define the charge and set bond.
 
Magistrates charge people with crimes they do not hold them over in the state of NC. The officers have at this point laid out their case to the magistrate who has found probable cause to charge and given the initial appearance. Tomorrow will be his first appearance were they will appoint an attorney. In the next few weeks they will define the charge and set bond.
Magistrates in a case like here really just conduct the initial appearance to hear the arrest charges and usually decides on any possible terms of release but in a capital type case like this is to be done by a judge ... which this guy is suppose to appear in front of tomorrow (Wednesday) for formal charges and his attorney to request bail.
 
Magistrates in a case like here really just conduct the initial appearance to hear the arrest charges and usually decides on any possible terms of release but in a capital type case like this is to be done by a judge ... which this guy is suppose to appear in front of tomorrow (Wednesday) for formal charges and his attorney to request bail.

Your probably right, I wouldn't really know how that works.
 
Can damn near guarantee there is some history. May even involve some undocumented pharmaceuticals being in Burke County
The thing I’m wondering is what Smith’s (the man claiming self defense) background looks like? He says he used the guidelines from his CHP course so it sounds like he had a decent enough history to pass the background check but that’s not saying there’s not something(s) there that cause the BCSD to question other issues that could be underlying. I’m not saying that there was or wasn’t reason to defend himself but from the 1% of the evidence we have been privy to I’d be digging deeper too if I were the BCSD ...
 
Good, then we can be friends!

JK, we are already... haven't seen ya in a long while, hopin' all is well with you an' yer daughter. Never met any other folks o' your'n.
 
My main thought is that Smith's response sounds >exactly< like what we are basically trained to say if we ever shoot someone. "I was in fear of my life or the life of others..." seems just a bit rehearsed or prepared.
 
I dunno, maybe it's just me but I would trust the word of someone who has A. underwent a BG check and the entire PITA process to obtain a NC CHP and B. someone lawfully where they should be (not trespassing at 2am) than I would someone
A. On an ATV on the property of another (trespassing and there's newer NC ATV trespassing laws) at 2AM and B. operating said ATV in a dangerous, threatening, or unlawful manner

Just me. Maybe the Burke county Sheriff interviewed everyone in the 8hrs since the story broke and determined CHP holder was lying and/or withholding facts or witnesses didn't corroborate. My hunch is the ATV rider was the Sheriff's cousin.


In an unrelated related note, I guess if one of those trespassing assholes driving their ATV in uptown, downtown, or crosstown traffic stops and threatens me but somehow managed to get shot in the back........then y'all would cry "BAD SHOOT".

Bullsh!t. Bullets do weird things. If you are an assaulting menacing and threatening ATV assh0le expect to get bullets back front and side to side. Also if you are a NICE ATV rider.... Stay off the road unless you have tags and insurance...even the mopeds have to have that nowadays.
 
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It's Burke County. They're ALL relatives.
Burke, Haywood, Swain, Jackson et al...they're all kin.
-That's my cousin
-She's married to my cousin
-That's my uncle
-He's my nephew
-That's my step-brother's niece
-That's my Grandma's sister..married her brother's cousin

I can't keep up anymore. I just know that they have a force larger than the local Sheriff's department.
 
I dunno, maybe it's just me but I would trust the word of someone who has A. underwent a BG check and the entire PITA process to obtain a NC CHP and B. someone lawfully where they should be (not trespassing at 2am) than I would someone
A. On an ATV on the property of another (trespassing and there's newer NC ATV trespassing laws) at 2AM and B. operating said ATV in a dangerous, threatening, or unlawful manner

Just me. Maybe the Burke county Sheriff interviewed everyone in the 8hrs since the story broke and determined CHP holder was lying and/or withholding facts or witnesses didn't corroborate. My hunch is the ATV rider was the Sheriff's cousin.


In an unrelated related note, I guess if one of those trespassing assholes driving their ATV in uptown, downtown, or crosstown traffic stops and threatens me but somehow managed to get shot in the back........then y'all would cry "BAD SHOOT".

Bullsh!t. Bullets do weird things. If you are an assaulting menacing and threatening ATV assh0le expect to get bullets back front and side to side. Also if you are a NICE ATV rider.... Stay off the road unless you have tags and insurance...even the mopeds have to have that nowadays.

Don't forget physical evidence could have totally contradicted the entire story.
 
@Cowboy is right. The evidence may not be clear cut to the story given or it might be clear to contradict it too, it’s better to charge him and let him have his day in court to prove his guilt or innocence by a jury of his peers. I hate to say it but since we are not there, we really can all second guess and arm chair quarterback it but let’s be honest with each other, none of us know what happened.

I will add it did say it was NOT the guy that did the shooting’s property info read correctly
 
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@Cowboy is right. The evidence may not be clear cut to the story given or it might be clear to contradict it too, it’s better to charge him and let him have his day in court to prove his guilt or innocence by a jury of his peers. I hate to say it but since we are not there, we really can all second guess and arm chair quarterback it but let’s be honest with each other, none of us know what happened.

I will add it did say it was NOT the guy that did the shooting’s property info read correctly

And I'm not saying he's guilty or innocent either way. I'm just pointing out the reasons he could have been charged and the normal procedure with that process.
 
Don't forget physical evidence could have totally contradicted the entire story.
Yeah there's that :D

I just have seen more dumbasses on 4 offroad wheels in that particular county than any other place on Earth. Well besides running amok on city streets nowadays. I'll always side with the CHP holder until clear evidence shows otherwise.
 
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