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Moore sheriff: Deadly force justified, Aberdeen man was armed

Moore County Sheriff Neil Godfrey announced Tuesday that the deputies who were placed on desk duty after a fatal officer-involved shooting last month will be returned to active duty following an internal review that found the officers did not commit any wrongdoing.

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By
Alfred Charles
, Online Managing Editor
ABERDEEN, N.C. — Moore County Sheriff Neil Godfrey announced Tuesday that the deputies who were placed on desk duty after a fatal officer-involved shooting last month will be returned to active duty following an internal review that found the officers did not commit any wrongdoing.

Godfrey expressed condolences to the family of Arthur Kenzie Garner, 33, who was killed on July 28 when officers arrived at his Aberdeen home early that Saturday morning following a call for help from the residence. But he said his deputies acted appropriately and the use of deadly force was justified.

"They instructed Kenzie Garner to put down his weapon many times," said Godfrey, who read a passage from the department's policies on when lethal force is appropriate. "We firmly believe our deputies and the officers involved in this incident performed their duties that night and used deadly force in compliance with federal, state laws and in compliance with our polices."

According to those guidelines, the deputies must consider the "severity of the threat to deputies" and the "conduct of the individual being confronted."

Garner's family chose not to attend the sheriff's press conference, saying they are still in shock over his death. They have maintained all along they wanted help from law enforcement that night and they never thought he would be killed.

Garner's sister, Alyssa Garner, and his mother, Terry Garner, both called 911 on that night because of Arthur Garner's behavior at the family's home.

"He's got a butcher knife. Please, ya'll, he's going to hurt somebody. He's really going to hurt somebody," one of the women says.

Terry Garner tells the dispatcher her son is dangerous and liable to hurt someone.

"My husband is keeping him away from the gun as long as he can," she said."He's going to hurt my husband."

His relatives said they called police after he fought with his girlfriend, breaking her car window before breaking into his family's home after they had locked him out.

According to the 911 call that was played during the press conference, Alyssa Garner called for help from law enforcement, saying her brother was breaking the glass on the family's home while trying to enter the residence.

At some point, he apparently entered the home and was seen grabbing a knife and a shotgun as Alyssa Garner pleaded with a 911 dispatcher for help from law enforcement officers.

"He's breaking all the windows!" Alyssa Garner said. "Please send someone! Please send someone. Please! Now, he's getting a gun!"

As the 911 calls from Garner's sister and mother became more frantic, seven officers from three different law enforcement agencies, including the Moore County Sheriff's Office and Pinehurt and Aberdeen police responded to the scene.

"The Moore County sheriff conveniently left out a great deal of information," Terry Garner said of the 911 calls played Tuesday. "Why didn't he play numerous 911 calls from several neighbors? He's only providing information that reflects well on law enforcement."

The State Bureau of Investigation has been probing the events surrounding the death of Arthur Garner.

In the hours after the fatal shooting, law enforcement authorities had said the man had fired at arriving deputies.

"Sounds like shots coming from the residence," Deputy Stephanie Griffin says over the police radio.

But Sheriff Godfrey admitted on Saturday that the man had not fired his weapon, a startling reversal that shocked his family members.

"That comment was based on some miscommunication I had wit the investigators. I take responsibility for that." Godfrey said. "I take responsibility for saying Arthur used force and if it's cred ill will from the family, I apologize for that."

Arthur Kenzie Garner's father, mother and sister spoke exclusively to WRAL News Sunday, saying they have several questions about the actions of the officers.

"The facts are the facts," said his mother, Terry Garner. "If you messed up, acknowledge it. We deserve the truth."

But the sheriff said the deputies at the scene saw Arthur Garner point a weapon out the front door and saw him working to try and shoot the weapon, which has been identified as a rifle.

"He pointed the weapon, but we don't know if he had the officers in his sight," Godfrey said.

The sheriff identified the four deputies as Sgt. Sean Ballard, Corporal Dustin Hussey, Stephanie Griffin and Justin Mack. As a matter of routine following all fatal officer-involved shootings, all of the deputies have were placed on administrative duty but that order has been lifted.

Godfrey said a Pinehurst officer also discharged their weapon during the incident.

Garner was on probation when he was killed. He had an extensive criminal record dating back to 2003 and had just been released from prison in June after serving seven years, convicted of being a habitual felon. The sheriff said his criminal history did not play a role in how officers approached the scene that night.

At the end of the press conference, the sheriff invited reporters to go downstairs and participate in a firearm simulator to give them a sense of what deputies face when they are on duty.

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