SMITHFIELD – Johnston County District Attorney Susan Doyle announced Friday afternoon a Johnston County deputy sheriff was justified in the use of deadly force last year and will not face any charges.
District Attorney Doyle and Johnston County Sheriff Steve Bizzell jointly requested the NC SBI investigate the fatal shooting of Jose Luis Rincon Lopez by Deputy Sheriff Jonathon Lee.
North Carolina State Bureau of Investigation Special Agent Kailah Kearney conducted the investigation.
In the early morning hours on June 10, 2024, Johnston County EMS received a call to respond to the Sheetz convenience store, near Highway 42 and Highway 50, for a possible overdose. When EMS arrived, a Johnston County deputy was speaking with Rincon Lopez who indicated that he had ingested crystal methamphetamine and did not feel well.
Rincon Lopez also indicated that he was a daily user of crystal methamphetamine, according to the report.
A short time later, friends of Rincon Lopez arrived and told deputies that he had stolen their Tahoe and drove it to the Sheetz.
Rincon Lopez told EMS personnel that he wanted to be transported to the hospital. During the ride to the hospital, he appeared paranoid and was acting odd.
Before arriving at Johnston Medical Center in Clayton, he became agitated and began to rip off his electrocardiogram (EKG) and blood pressure cuff monitors.
After arriving at the hospital, Rincon Lopez tried to exit the side door of the ambulance and then tried to climb through the opening that led to the driver compartment of the ambulance.
EMS requested assistance from hospital security.
Rincon Lopez was admitted to the hospital shortly after 3:00 a.m.
During the time that Rincon Lopez was at Johnston Medical Center in Clayton, his only complaint was that he was thirsty. A urine sample was collected and analyzed which showed the presence of methamphetamine and MDMA.
At his request, Rincon Lopez was discharged at approximately 4:45 a.m. He remained in the waiting room until 5:45 a.m. and then walked outside.
Johnston County deputy sheriff Jonathon Lee was just finishing his shift at Johnston Medical Center where he had overseen a detainee who was receiving medical care.
Deputy Lee was driving his marked patrol vehicle through the parking lot preparing to leave when he observed Rincon Lopez walking toward him waving his arm attempting to get Lee’s attention.
Deputy Lee also noticed that Rincon Lopez was carrying an IV pole that he had removed from inside the hospital. Lee rolled down his window to see if he needed any assistance.
Rincon Lopez began a conversation with Lee in Spanish. Lee could not understand him because of the language barrier. At that point, the deputy noticed Rincon Lopez’s demeanor change, his voice became aggressive and loud, and he began to use his hands and arms to gesture.
Deputy Lee got out of his patrol vehicle to calm him down, but Rincon Lopez only became more aggressive. Lee realized that he could not help Rincon Lopez, so he returned to his vehicle to leave. Lee sat down in the driver’s seat, put his foot on the brake pedal, and shifted the car into drive while still having his left leg on the pavement outside of the vehicle.
At that point, Rincon Lopez rushed Deputy Lee by diving into the open driver’s door while Lee was sitting in the driver’s seat. Lee felt Rincon Lopez pulling at his taser trying to take it. He then lunged sideways in Lee’s lap trapping Lee’s right hand. Rincon Lopez grabbed Lee’s firearm with both hands which was holstered on his right hip.
Deputy Lee then began weapon retention tactics by using both hands to push down on top of Rincon Lopez’s hands to keep his firearm in his holster. Lee felt Rincon Lopez yank and pull at the handle grip of his firearm.
Deputy Lee gave several verbal commands for him to stop. Rincon Lopez was able to pull Lee’s weapon out of the holster. During the struggle the weapon discharged a round into the patrol vehicle’s center console approximately six inches from Lee’s right leg.
Deputy Lee feared for his life and realized he did not have enough upper body strength in the seated position to get Rincon Lopez off him.
Lee floored the gas pedal, and Rincon Lopez fell out of the vehicle.
Unfortunately, Lee saw his firearm also fall out of the vehicle with Rincon Lopez.
Deputy Lee slammed on the brakes and fell out of his patrol vehicle reaching for his firearm before Rincon Lopez could get to it. Both men were on the ground.
Lee quickly grabbed his weapon off the ground with his left hand, but Rincon Lopez rolled onto Lee’s left arm while he was holding the firearm.
Lee freed his left hand, jumped to his feet, and began firing his weapon toward Rincon Lopez.
Medical personnel began to perform CPR on Rincon Lopez, but he was pronounced dead shortly thereafter.
After a thorough review of the NCSBI investigative report, observations of the surveillance cameras at Johnston Medical Center, which supported the details provided in the report, and several discussions with Special Agent Kailah Kearney, District Attorney Doyle announced Friday the criminal investigation may be closed.
The news release stated, “North Carolina General Statute 15A-401(d)(2) authorizes a law enforcement officer to use deadly force upon another person to defend himself from what the officer reasonably believes to be the imminent use of deadly physical force. Officers often must make split-second decisions regarding their use of force. Under the circumstances observed by Officer Lee, his use of deadly force was both reasonable and warranted. As a result, no criminal charges will be filed related to this incident.”
Justified!!!