Pubdate: Wed, 27 Jun 2001 Source: The Herald-Sun (NC) Copyright: 2001 The Herald-Sun Contact: http://www.herald-sun.com Details: http://www.mapinc.org/media/1428 Author: Beth Velliquette SBI REPORT SAYS MAN DIDN'T SEE MARSHAL CHAPEL HILL -- An SBI report on the shooting of a Hispanic man in a Chapel Hill restaurant parking lot in March indicates the victim had no idea that the U.S. deputy marshal who shot him was approaching his vehicle until a bullet shattered the window of his Jeep and entered his leg. On Monday, an Orange County grand jury decided not to indict the marshal, Christopher William Sweeney, on the charge of assault with a deadly weapon inflicting serious injury. The jury heard testimony from the SBI agent who investigated the incident and an SBI ballistics expert. Normally, SBI reports are confidential unless the district attorney who receives the report chooses to release it. After checking the N.C. statutes, District Attorney Carl Fox released the report Tuesday. Sweeney said he believed the man who drove into the La Hacienda restaurant parking lot at 8:55 p.m. March 12 was a fugitive wanted by the Drug Enforcement Administration. He said he shot Uriel Aguilar Martinez because he thought Martinez had a gun in his hand and was opening the door of the vehicle. In his statement, Martinez said his wife had just given him $200 to pay a restaurant employee for photographs that the employee had taken of the 15th birthday party of Martinez's daughter. Martinez was turning to open the door of his Jeep Cherokee when he heard a loud noise. "The next thing he knew the glass from the driver's side window was flying everywhere, and he feels a pain in his left thigh," the SBI report states. "Martinez stated he then opened the door but was met by two men who pulled him out of the car and laid him face down on the ground." A series of coincidences apparently led to the shooting. Sweeney was working with High Point police officer Dean Bowman and Greensboro police officer Clarence Schoolfield. Both officers are members of the N.C. Middle District Violent Fugitive Task Force, and Sweeney had previously worked with them on other cases. The task force was trying to find a man who had been indicted by the DEA for conspiracy to distribute more than 5 kilos of cocaine. Sweeney received information that the man was going to meet someone at the restaurant because the man owed the person some money. The information said the fugitive has been known to drive a blue Jeep Cherokee and that he would arrive around 8 p.m. Sweeney and the officers took positions around the restaurant to watch for the man, and just before 9 p.m., Sweeney saw a blue Jeep Cherokee enter the parking lot and pull into a parking space. It was misty and dark, and the windows of the Jeep were tinted. Sweeney said he couldn't tell who was in the Jeep and that the driver turned off the headlights and the engine after pulling into the parking space. No one got out of the vehicle immediately. Sweeney, who was driving an unmarked Isuzu Rodeo, pulled in behind the Jeep at an angle. With a Glock .22 in his hand, he approached the Jeep as the other two officers pulled up in their unmarked Dodge Durango near the Jeep. Although the vehicles were equipped with interior blue lights, they were not flashing. The other officers both reported hearing a shot but didn't know who fired the shot until later. They said they didn't see exactly what happened because they were getting out of their car and had taken their eyes off Sweeney at the moment the shot was fired. Sweeney and the other officers were wearing street clothes but had vests on that read "Police" or "Agent" on them. Sweeney reported he yelled, "Police, don't move!" as he approached the blue Jeep, and as he did, the door swung open. He "believed that he saw the driver of the Jeep turn toward him in a threatening manner," the SBI report states. "Sweeney believed that he saw a gun in the driver's right hand as it came over the steering wheel." Sweeney, who stands 6 feet 4 inches tall and weighs 258 pounds, fired one shot that hit the bottom corner of the driver's side window and entered Martinez's thigh about three inches above the knee. He and Bowman, the High Point officer, then pulled Martinez out of the Jeep, put him on the ground face down and handcuffed him. Sweeney realized almost immediately that Martinez was not the man they were looking for. But the officers did not immediately realize that Martinez had been shot in the leg. Martinez and his family told a different version of what happened. Earlier in the evening, Martinez, his wife and their two teen-age children had driven from Durham to St. Thomas More Catholic Church because the children were taking confirmation classes there. After the classes, the family then drove to La Hacienda where Martinez was going to pay for and pick up some photographs that an employee at the restaurant had taken at his daughter's birthday party. When Martinez pulled into the parking space, he didn't notice a vehicle behind him. He turned on the dome light and turned to his wife. She counted out the money and handed it to her husband. Martinez stated he was reaching for the door handle when the window shattered and he felt the pain in his thigh. "Martinez stated he thought he was being robbed and that his family was being assaulted," the report states. "He did not realize it was the police until after he was on the ground and he saw the blue lights from the police cars that arrived after the shooting." His wife and children told similar stories when they were interviewed during the early morning hours the next day. Possibly the dome light was on, and they couldn't see outside. No one realized that someone, much less a law enforcement officer, had pulled up behind them and that he was approaching the vehicle on foot. They did not hear or see anyone until after the shot was fired. "They were just sitting in the car and all of the sudden the driver's window was shot out and the father was pulled from the car," the report states. Martinez said he never opened the door of his Jeep and that he hadn't touched the handle yet when the shot shattered the window, blasting glass on him and his wife. A ballistics expert said that for the shot to have hit the window and Martinez's thigh at the angle it did, the door was either closed or open 4 inches or less when the shot was fired. The teen-age son and daughter both reported hearing Sweeney say afterward, "It slipped" or "It slipped out." Meanwhile, on the other side of the car, Schoolfield, the Greensboro officer, held a gun on Martinez's wife as she tried to get out of the Jeep to help her husband. He ordered her back inside. However, once the scene was under control, and the officers realized what happened, the family was allowed to get out and move around. Sweeney stated he believed the Jeep belonged to the fugitive because: - -- It matched the description of the vehicle the fugitive might be driving. - -- The person arrived late, but the information on the fugitive was that he always was late. - -- The driver did not immediately get out of the Jeep, which made Sweeney believe the driver was going to sit there and wait for the person he was meeting. The license plate also was personalized with the name Uriela, and Sweeney thought that was a woman's name. The fugitive often registered his vehicles in women's names. The SBI report did not draw any conclusions as to whether Sweeney used deadly force in an appropriate manner. That was left to the grand jury, which chose not to indict him. - --- MAP posted-by: Beth