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Minton will not be charged in shooting
by Chuck Hubbard
(Photo caption) N.C. Wildlife Officer Mark Minton will not be charged in the April 11 shooting death of an elderly hunter in McGrady.
No charges will be filed against Mark Minton, a veteran state wildlife officer who shot and killed an elderly hunter in the early morning hours of April 11, the opening day of turkey season, District Attorney Tom Horner said in an interview with the Wilkes Journal-Patriot Thursday afternoon.
Killed was Clyde Hill Coffey, 76, of Lenoir. The shooting took place in a steeply-sloped, wooded area above a house on Cane Creek Road in the McGrady community. Coffey was hunting on land he and his family owned.
Horner said he made his decision after reviewing the results of a lengthy investigation conducted by agents with the State Bureau of Investigation (SBI). Yesterday morning, the district attorney met with officials from the N.C. Wildlife Resources Commission. In the afternoon, he met with members of the Coffey family.
In a statement released to the press, Horner described the incident and gave reasons why no charges were filed.
"In the early morning hours of April 11, 2009, the opening day of spring turkey season, North Carolina Wildlife Resources Commission Officer Mark Minton was investigating potential hunting violations in the Cane Creek Road area of Wilkes County, when he encountered Clyde Hill Coffey," Horner said.
"During that encounter, Officer Minton ultimately fired a single shot killing Mr. Coffey. As a result of this shooting and at the request of (Horner) and the N.C. Wildlife Resources Commission, the State Bureau of Investigation began an investigation. Their report was turned over to the District Attorney's Office on June 25, 2009 for review.
"Through the investigative efforts of the SBI, it was determined that Officer Minton became aware that someone was potentially baiting turkeys on the Clyde Coffey property on Cane Creek Church Road in Wilkes County. Based upon this knowledge, Officer Minton went to that location to determine if anyone was illegally hunting turkey over this baited area," Horner said.
"Officer Minton initially encountered Larry Dean Helton, later identified as the son-in-law of Clyde Coffey, in a tree stand at one location of the Coffey property. Officer Minton approached Mr. Helton and took enforcement action without incident. In addition, Officer Minton allowed Mr. Helton to ride his ATV down the mountain from this tree stand to another location where Officer Minton would later meet him," the district attorney said.
"According to statements from Officer Minton, he then proceeded down the mountain alone and on foot to a second tree stand occupied by Clyde Coffey.
"Officer Minton was initially unsuccessful in multiple attempts to get Mr. Coffey's attention and have him exit the tree stand. At one point after Officer Minton identified himself as a 'game warden,' Mr. Coffey stood up in the tree stand and in an agitated tone demanded that the officer leave his property," Horner said.
"Mr. Coffey continued to not comply with Officer Minton's commands, causing Officer Minton to radio for assistance to other N.C. Wildlife Resources officers who were several miles away. However, before assistance could arrive, Mr. Coffey descended from the tree stand with his weapon cradled across his arms, disregarding the instructions of Officer Minton to leave the weapon in the stand," Horner said.
"According to the officer, when Mr. Coffey reached the ground, he advanced towards Officer Minton, holding his weapon in a 'low ready' position and pointing it directly at the officer. Officer Minton commanded him multiple times to stop and then retreated up the hill from Mr. Coffey approximately 85 feet from the tree stand as Mr. Coffey continued to pursue Officer Minton with his shotgun pointing at him.
"Mr. Coffey was approximately 25 feet from the officer when again he was told to stop," Horner said. "Officer Minton stated that he thought Mr. Coffey was going to shoot him; he drew his service weapon, pointed it at Mr. Coffey and fired one round, striking Mr. Coffey in the chest. Mr. Coffey fell immediately."
"The distance between Mr. Coffey's body and the base of the tree that Officer Minton fired from was 14 feet. Officer Minton radioed to the other officers that he had shot Mr. Coffey and EMS was requested. Furthermore, Officer Minton attempted CPR on Mr. Coffey without success," Horner said.
"In the course of the investigation, SBI agents collected 'scratch feed,' which is commonly used for baiting turkeys, from the area around Mr. Coffey's tree stand. This feed was consistent with feed located at Mr. Coffey's residence and with feed located near the tree stand occupied by Larry Helton.
"Agents also determined that Mr. Coffey suffered from hearing loss. According to information provided by the family of Clyde Coffey, the conduct described by Officer Minton was out of character for Mr. Coffey," the district attorney said.
"North Carolina general statutes authorize a law enforcement officer to arrest someone without a warrant if the officer has probable cause to believe that the individual has committed a criminal offense in their presence," Horner noted. "Furthermore, a law enforcement officer is justified in using force upon another person when and to the extent that he reasonably believes it necessary: to defend himself . . . from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to affect an arrest. Deadly physical force upon another person is justified… only when it is or appears to be reasonably necessary to defend (oneself)... from what is reasonably believed to be the use or imminent use of deadly physical force.
"After a thorough review of the SBI's report, interviews with the investigating agents, a review of the appropriate legal standards and in consultation with the North Carolina Attorney General's Office, it appears that Officer Minton's actions were reasonable and appropriate in response to the perceived use or imminent use of deadly physical force by Mr. Coffey," Horner said. "Therefore, criminal prosecution of Officer Minton for the shooting death of Clyde Hill Coffey is not warranted."
The Coffey family is "grieving over the loss of a loved one. I think that's understandable," Horner said in an interview with the Wilkes Journal-Patriot.
He said family members would have preferred it if Minton could have been indicted in the shooting. "That's not possible under the circumstances," Horner said.
The district attorney noted that he reviewed the evidence with senior prosecutors on his staff, other elected district attorneys and the head of special prosecutions for the attorney general's office before making his decision. He said the general consensus was that Minton was within his rights to shoot Coffey.
Minton has been on paid administrative leave since the shooting. Horner said he doesn't know what decision the wildlife commission will make about Minton's employment.
"The lion's share of the evidence is the officer's version" of the events, Horner noted. There were no other witnesses to the confrontation. "There's nothing I can do to change that," the district attorney said.
Faye Coffey, Clyde Coffey's widow, said this morning that she is "very disappointed" in Horner's decision. The Coffeys were married for 56 years.
She said she feels her husband's poor hearing was the primary reason the situation escalated, that he didn't understand that Minton was a law enforcement officer. Clyde Coffey was in poor health as well, she noted.
She said that she doesn't believe that her husband would have intentionally pointed a gun at Minton. Clyde Coffey "was smart enough not to draw a gun on somebody," Mrs. Coffey said.
Coffey was a good-natured man and the confrontation with Minton would have been out of character for him, she said.
The family is considering filing a lawsuit to seek civil damages, Mrs. Coffey said. |
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