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Judge denies release of videos
ASHEBORO — A Randolph County Superior Court judge has denied — for now — a request by news media organizations to make public dash-mounted police car camera video surrounding the fatal Archdale police shooting of college student Courtland Smith in August.
“The potential harm to the administration of justice in releasing the video at this time is substantial while the potential harm to the public in delaying the video is minimal,” wrote Senior Resident Superior Court Judge Vance Bradford Long in an order issued minutes before the county courthouse closed at 5 p.m. Tuesday.
The judge, who has reviewed two videos from separate police cars, said the footage does not show the shooting of Smith, “but does portray the interaction between (Smith) and the officers immediately prior to the shooting and actions taken by the officers after the shooting.”
The State Bureau of Investigation is currently investigating to determine if an Archdale officer appropriately applied the use of deadly force in the case.
According to earlier reporting, the SBI has said that Smith, a 21-year-old junior and a fraternity president at the University of North Carolina at Chapel Hill, was shot by Officer Jeremy Paul Flinchum during a traffic stop on Interstate 85 just before 5 a.m. Aug. 23.
“The potential harm to the administration of justice in releasing the video at this time is substantial while the potential harm to the public in delaying the video is minimal,” wrote Senior Resident Superior Court Judge Vance Bradford Long in an order issued minutes before the county courthouse closed at 5 p.m. Tuesday.
The judge, who has reviewed two videos from separate police cars, said the footage does not show the shooting of Smith, “but does portray the interaction between (Smith) and the officers immediately prior to the shooting and actions taken by the officers after the shooting.”
The State Bureau of Investigation is currently investigating to determine if an Archdale officer appropriately applied the use of deadly force in the case.
According to earlier reporting, the SBI has said that Smith, a 21-year-old junior and a fraternity president at the University of North Carolina at Chapel Hill, was shot by Officer Jeremy Paul Flinchum during a traffic stop on Interstate 85 just before 5 a.m. Aug. 23.
According to an Archdale police news release on the day of the shooting, the incident occurred after officers conducted a traffic stop “regarding a subject who called for police assistance and indicated that he was suicidal.”
It remains unclear if Smith brandished a weapon or if he was shot while inside his vehicle.
Judge Long has been weighing a decision since a Sept. 18 hearing at which Raleigh attorney Hugh Stevens, representing the news organizations, contended that release of the video is required by state law governing what materials and information must be made public.
It was not clear Tuesday evening what avenues of appeal from Judge Long’s order were available to the media groups which included The Associated Press, The Raleigh News & Observer, The High Point Enterprise, The Daily Tar Heel (UNC-Chapel Hill’s student newspaper) and others.
The judge’s order sets out two scenarios under which the videos would be released: If, following the SBI probe, the district attorney decides not to prosecute anyone for the shooting; or, if the DA goes forward with a prosecution, until the videos are presented as evidence or the trial concludes.
Long notes that, based on past similar events in this judicial district, “it is likely that a decision will be issued as to whether to prosecute a defendant for Mr. Smith’s shooting with three or four months, possibly less.”
Much of the judge’s Tuesday order deals with judicial arguments over whether police dashboard camera video is a public record, or, as a record of a criminal investigation, not a public record.
Since dash cameras are relatively new technology, North Carolina general statutes do not speak specifically to their status.
At the earlier hearing, attorney Stevens argued that the law is very broad concerning what documents are public and that, even though car cameras aren’t specifically addressed, the courts have held that, unless specifically exempted, such items are public.
Assistant District Attorney Andy Gregson countered that since the legislature did not foresee the advent of car cameras and they are not cited in the statutes, then “this is not a public record.”
Gregson contended that airing the videos could taint potential jury pools or cause witness to alter their story.
In his ruling, Long found that the release to be “in the discretion of the court.”
His ruling appears to be based primarily on the question of the “balancing test” of public and judicial interest.
And, of that test, the judge wrote:
“The need for a complete investigation into the death of a young college student shot on the side of the road in the middle of the night or the right of the State of North Carolina to potentially prosecute someone for the death of another without having that right jeopardized or the right of a potential defendant to a fair trial when facing severe penalties are paramount and far outweigh the need of the public to review the actions of its agencies.”
It remains unclear if Smith brandished a weapon or if he was shot while inside his vehicle.
Judge Long has been weighing a decision since a Sept. 18 hearing at which Raleigh attorney Hugh Stevens, representing the news organizations, contended that release of the video is required by state law governing what materials and information must be made public.
It was not clear Tuesday evening what avenues of appeal from Judge Long’s order were available to the media groups which included The Associated Press, The Raleigh News & Observer, The High Point Enterprise, The Daily Tar Heel (UNC-Chapel Hill’s student newspaper) and others.
Long notes that, based on past similar events in this judicial district, “it is likely that a decision will be issued as to whether to prosecute a defendant for Mr. Smith’s shooting with three or four months, possibly less.”
Much of the judge’s Tuesday order deals with judicial arguments over whether police dashboard camera video is a public record, or, as a record of a criminal investigation, not a public record.
Since dash cameras are relatively new technology, North Carolina general statutes do not speak specifically to their status.
At the earlier hearing, attorney Stevens argued that the law is very broad concerning what documents are public and that, even though car cameras aren’t specifically addressed, the courts have held that, unless specifically exempted, such items are public.
Assistant District Attorney Andy Gregson countered that since the legislature did not foresee the advent of car cameras and they are not cited in the statutes, then “this is not a public record.”
Gregson contended that airing the videos could taint potential jury pools or cause witness to alter their story.
In his ruling, Long found that the release to be “in the discretion of the court.”
His ruling appears to be based primarily on the question of the “balancing test” of public and judicial interest.
And, of that test, the judge wrote:
“The need for a complete investigation into the death of a young college student shot on the side of the road in the middle of the night or the right of the State of North Carolina to potentially prosecute someone for the death of another without having that right jeopardized or the right of a potential defendant to a fair trial when facing severe penalties are paramount and far outweigh the need of the public to review the actions of its agencies.”
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