The Morganton Department of Public Safety in a news release Friday said the officer involved in the shooting death of Michael Sipes, 17, heard a shot fired before the officer drew his weapon and discharged it.
Sipe’s mother maintains that her son never fired a shot from his .22-cal. gun.
Public Safety Chief Mark Tolbert read a written statement Friday afternoon at public safety headquarters. The complete statement is published in today’s newspaper and is online at Morganton.com.
The news release offers a timeline of events based on testimony from witnesses, officers and physical evidence, according to Tolbert.
In brief, it says the department received a 911 call at 11:40 p.m. Aug. 29 in reference to a disturbance at 132 Airpark Drive, Lot 2W. Public Safety Officer Johnny Cooper and Sgt. Mike Ferraro went to the scene and heard voices and movement inside the mobile home. Cooper knocked on the door and identified himself as the police.
The report says the door swung open, Cooper heard a shot fired and he saw Sipes turning toward him with a rifle. Cooper drew his weapon and fired, killing Sipes. The officers called Burke County Emergency Medical Services for assistance and the police department for more officers.
Tolbert’s report also says Cooper stayed with Sipes until EMS arrived.
Kimberly Sipes said her reaction to the statement about the officer hearing a shot fired is “bull-” (expletive deleted).
“I was sitting right there,” Sipes said, “not even 10 to 15 feet away, and I did not hear one shot then a pause for somebody to shoot another gun. It was automatic, all at one time. Bam, bam, bam, bam, bam.”
Sipes said the rifle her son held was his first gun, a gift from someone.
She said she watched her son carefully as he opened the door because she was worried about his safety. Sipes said that from her seat she could see straight out the front door, but neither to the left or right.
According to Sipes, the person banging on the door failed to identify himself, so Michael opened the door holding the gun by the stock. She said Michael kept his feet planted, but twisted at the waist to the left and then to the right.
“It would have given the officer plenty of time to shoot him in the arm and in the leg,” Sipes said. “It was just simple. He opened the door, looked to the left, started to turn to the right to peek behind the door and that was it. And they just opened fire.”
The North Carolina State Bureau of Investigations is conducting an independent criminal investigation into the incident.
N.C. Department of Justice public-information officer Noelle Talley said an agent who does not work with the Morganton Department of Public Safety is performing the SBI investigation. Only Cooper is part of the SBI’s investigation at this time, Talley said.
The news release said the police department expects the SBI investigation to take as much as eight weeks “because of the time required to complete an autopsy, including toxicology reports.”
Tolbert said in his statement that the Department of Public Safety also will conduct a thorough internal administrative investigation that “will determine if departmental procedures were followed.
“Based on the information available to us, physical evidence and testimonial evidence known to us at this time,” Tolbert stated, “we believe that Morganton Department of Public Safety officers acted appropriately under the circumstances that existed on Aug. 29.”
Both Cooper and Ferraro are on paid administrative leave.
Cooper has been with Morganton Public Safety since January 2003. Officials say his current salary is $40,127, not $45,127 as earlier reported.
The city hired Ferraro on July 28, 1997. His current salary is $47,066.
Tolbert said the department would not release any further information until the conclusion of the SBI’s investigation.
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