Opening Day Fatal Shooting Ruled Justified
July 5, 2009
SBI investigation shows that Officer Mark Minton was justified in the fatal shooting of Clyde Coffey during the opening minutes of the 2009 wild turkey season. The district attorney will not file any charges against the officer despite the family and some in the community calling for him to do so.
Mr. Coffey was 76 years old and was deaf according to family and legally hunting on his own property.
The SBI investigators confirmed the presence of bait around the treestand Mr. Coffey was hunting from and the stand that his son in law was hunting from. Baiting of turkeys is illegal making both of these men poachers but certainly not a reason anyone had to die.
Why did the Officer Minton shoot Clyde Coffey?
“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.”
Wilkes Journal Patriot
Unclear from the press release is whether or not Officer Minton was in uniform or not when this happened. Early on there was some speculation the lack of a uniform lead to some of the confusion as to who the officer was.
Game Wardens and Wildlife Officers have some of the most dangerous jobs seeing where many of the individuals are armed that they come in contact with. While some will believe that Officer Minton used excessive force I see that an officer acted the way he was trained so he could go home at the end of his shift. I believe despite the hearing issue that Mr. Coffey knew that this man was a law officer and he made some really poor choices that cost him his life.
Officer Minton while cleared of the potentially more serious criminal charges must now wait for the NCWRC to complete their investigation.
“We appreciate the work of both agencies to resolve this issue,” said Gordon Myers, the executive director of the Commission. “An internal investigation is ongoing and until the investigation is complete, it would not be appropriate for the Commission to comment further.”
Moose Droppings is a place that chronicles my journey, Ill explore new places and ideas Ill learn new things and Ill teach the things Ive learned to others. Join me on the adventure and hopefully it will help you in your outdoor endeavors.
[...] is the original post: Opening Day Fatal Shooting Ruled Justified AKPC_IDS += “20782,”;Popularity: unranked [?] Comments [0]Digg [...]