After investigation into shooting at Duke hospital, Durham DA recommends new policy for guns in ER

The Duke University police officer who shot and killed a man in the emergency department at Duke University Hospital in January will not face criminal charges, Durham County District Attorney Satana Deberry told the chief there.

Deberry's office used body camera footage, 911 calls, police records and reports and autopsy findings to determine that Duke University 1st Sgt. Lex Allan Popovich used necessary force to shoot and kill Raishawn Steven Jones as Jones struggled with Officer Christopher Stone of the Durham Police Department.

In her findings, Deberry pointed out that the struggle – as Jones grabbed Stone's service weapon and appeared to overpower him – need not have happened.

"Had Officer Stone been required to secure his weapon when entering the ED, the physical altercation between the two very large men would have little risk of injuring other people in the area that night. Duke University Medical Center and Duke University Police should strongly consider a policy that requires guns be stored securely before entering the Emergency Department," she wrote.

Jones was arrested after a traffic incident and, based on officers' determination that he was impaired, he was taken to the emergency department at Duke University Medical Center.

Jones' handcuffs were removed so that he could use the bathroom. Body camera footage shows that as Stone tried to restrain Jones, Jones reached for the gun. Hospital personnel called for help, and Popovich responded.

According to the DA's report, Popovich saw Jones with Stone's weapon in his hand, and he fired twice.

"Mr. Jones had not only gained control of Officer Stone’s service weapon, but Jones also seemed to be physically overpowering Stone," Deberry wrote.

Her office decided that Popvich's use of force was not excessive, and that there was not enough evidence to support criminal charges against him.