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State of Wortfi Carolina
Geitemeourt ofjustice


BILLY WEST DICK smear, sums 427 (910) 475?3010
DISTIUCTATTORNEY FA YEYTEVILLE. NORTH CAROLINA 28301?5794 (910) 475-3035 FAX
July 5, 2013

CONCLUDING MEMORANDUM

Re: Shooting Death of Nijza Lamar Hagans

On January 24, 2013, Special Agent in Charge for the North Carolina SBI, Janie
Sutton, contacted me regarding an of?cer related shooting in Fayetteville. Upon learning
that Mr. Nijza Lamar Hagans had been shot and injured by a Fayetteville Police Of?cer, I
made an immediate request for an independent SBI investigation. I was joined in this
request by the Fayetteville Police Department.

After a thorough review of this independent investigation and consulting with the
Senior Staff at the North Carolina Attorney General?s Office, I, along with my Senior
Staff, have determined no criminal charges will be ?led against the Law Enforcement
Of?cer for the shooting death of Mr. Hagans. In reaching this conclusion, we have
carefully reviewed all the facts and relevant law.

By way of summation, the investigation revealed that on January 24, 2013 at
approximately 6:10 am. Fayetteville Police Of?cer Aaron Hunt conducted a traf?c stop
of a dark colored Ford Explorer driven by Nijza Lamar Hagans.

Of?cer Hunt had observed Mr. Hagans run a red light and in addition had
observed him make several furtive driving maneuvers such as darting onto a
neighborhood street and into a driveway. Of?cer Hunt believed the driver?s behavior to
be odd, as if the person driving the vehicle did not want an of?cer behind him. Due to
the suspicious nature of the driving and the fact the driver ran a red light, Of?cer Hunt
activated his blue lights on his marked vehicle and Mr. Hagans stopped his vehicle in a
driveway near the cul-de-sac end of South Virginia Avenue.

 

 

 

 

 

State of Worth Caro?na
gerzemeom?t quustz'ce
Twegft? 

BILLY H7 DICK S'l?RliE'l', SUITE 4'27
DIS 'i'A l?

(9H1) 475-3010
F/l YETTEVILLE, NORTH CAROLMH 28301-5 794 910) 475-3035 FAX

Of?cer Hunt approached with his ?ashlight in his left hand and his right hand on
top of his bolstered weapon. Of?cer Hunt informed Mr. Hagans he ran a red light and
made some suspicious turns. Mr. Hagans offered explanations for his actions that did not
make sense and Of?cer Hunt observed that Mr. Hagans? demeanor seemed as if
something was not right.

Of?cer Hunt asked Mr. Hagans for his license and registration. As Mr. Hagans
was reaching for these items, Of?cer Hunt using his ?ashlight noticed the butt of a
handgun hanging out of Hagans? front, left pants pocket. Of?cer Hunt could see the
handgun had a black, roughly textured grip and a magazine seated. Of?cer Hunt was
able to collect the license and registration with his left hand while keeping his right hand
on his duty weapon. Of?cer Hunt wanted to call for backup but did not feel comfortable
releasing his ?ashlight or his weapon in order to grab his radio. Of?cer Hunt told Mr.
Hagans to put both his hands on the steering wheel. Mr. Hagans brie?y complied but
when Of?cer Hunt asked him what was in his left pocket, Mr. Hagans immediately
dropped both hands from the steering wheel to the top of his left pocket. Of?cer Hunt
still had his duty weapon in his holster, but he instructed Mr. Hagans again to put his
hands back on the steering wheel. Mr. Hagans put his hands on the wheel but again
immediately drOpped them to his left pocket when Of?cer Hunt asked about the contents
of his pocket.

While Mr. Hagans? hands were on the steering wheel, Of?cer Hunt for a third
time asked him what was in his pocket. Mr. Hagans? denied anything was there, and
Of?cer Hunt stated, ?You?re telling me I?m not looking at a gun in your pocket??
Of?cer Hunt described that Mr. Hagans paused, gave him a blank stare and then dove to
his left pocket in a different and aggressive manner than before. Of?cer Hunt stated
because the motion was different and aggressive he believed Mr. Hagans was reaching
for the gun.

Of?cer Hunt described that as he believed Mr. Hagans was reaching for the gun,
he took a step back as Mr. Hagans? opened the driver?s door. Of?cer Hunt described that
as Mr. Hagans was reaching for the gun and then exiting the vehicle he turned toward
Of?cer Hunt. Of?cer Hunt stated that when Mr. Hagans turned toward him he ?red his
weapon multiple times. Of?cer Hunt explained that he did not know how many shots he
?red but that he was trained to keep shooting until there was no longer a threat. Of?cer

 

 

 

 

 

 

State ofWort/i Carefree
GenerdComt quustz'ce
Twegftli @rorecuto1iaf0zirtrict

BILLY H7 DICK STREET, SUITE 427 (910) 475-3010
1? FA NORTH CAROLINA 2830 L5 794 (910) 4 75 -3035 FAX

Hunt explained he felt his life was threatened by Mr. Hagans? reaching for the gun and
exiting the vehicle and turning towards him.

Of?cer Hunt then recalls Mr. Hagans falling on his knees and head, with his
hands under him. Of?cer Hunt stated he called over his radio, ?City, shots ?red, send me
more units.? He then used a nearby tree as cover and centinued to point his weapon at
Mr. Hagans. Officer Hunt indicated he instructed Mr. Hagans to ?Show me your hands?
but Mr. Hagans did not respond.

Additional units arrived on scene and Of?cer Hunt advised those of?cers that Mr.
Hagans had a gun. Of?cers approached and secured Mr. Hagans and from under his
body recovered a .3 80 caliber pistol with one round in the chamber and a magazine
loaded with seven rounds of ammunition. Emergency medical service units arrived and
treated Mr. I-Iagans but he was deceased upon their arrival.

Crime scene investigation revealed that Of?cer Hunt ?red his duty weapon five
times.

The autopsy of Mr. Hagans was performed on January 25, 2013 and the Of?ce of
the Chief Medical Examiner determined Mr. Hagans had been shot four times and the
cause of death to be ?multiple gunshot wounds to the chest.?

During the external examination at autopsy, a plastic bag was discovered tucked
inside Mr. Hagans? sock which contained 30 plastic bag corners each containing an off-
white material that appeared to be crack cocaine. The off-white material was analyzed at
the State Crime Laboratory and was determined to be crack cocaine with a weight of 5.84
grams.

Mr. Hagans was on post release supervision at the time of this incident. Mr. Hagans
served approximately five and a half years in the North Carolina Department of
Corrections for convictions of Assault with a Deadly Weapon with Intent to Kill
ln?icting Serious Injury, Robbery with a Dangerous Weapon, and First Degree Burglary.
Mr. Hagans was released from prison on August 5, 2012 and placed on post release
supervision. Mr. Hagans was arrested for Assault on a Female on January 8, 2013 and

 

 

 

 

 



  

 

 

State quortli Cardiac;
Gamamf Court ofjustz'ce
Tweg?t? Q?rosecutor?iaf (District

BILLY H7DJCK SUITE 427 {910) 475-3010
DISTRICT ATTORNEY Fri NORTH CAROLINA 28301?5794 910) 475-3035 FAN

was under investigation for an armed robbery and aggravated assault that occurred on
January 22, 2013. A search of Mr. Hagans? vehicle following the incident with Of?cer
Hunt revealed two black ski masks.

Of?cers are routinely trained and advised that deadly force is a force of last
resort. In this case, Of?cer Hunt ?red his weapon after observing Mr. Hagans reaching
for the gun and exiting the vehicle and turning toward Of?cer Hunt. Of?cer Hunt stated
that he felt his life was threatened by Mr. Hagans? actions. It is our conclusion that
Of?cer Hunt ?red his weapon in self defense and as a matter of last resort.

The law authorizes an Of?cer to take pre-ernptive action and use deadly force to
prevent death or serious injury to himself, provided that his threat assessment is
reasonably made. As our Supreme Court has observed, the calculus of reasonableness
must allow for the fact that Police Of?cers are often forced to make split-second
judgments in circumstances that are tense, uncertain and rapidly evolving.

The Of?cer?s decision to use deadly force was a lawful and measured response to
the situation that he confronted and necessary for his own protection. While this incident
is undeniably a tragedy for everyone involved, the investigation has conclusively
determined that the Of?cer acted consistently with his training and experience.

After consulting with the Senior Staff at the North Carolina Attorney General?s
Of?ce, I, along with my Senior Staff, have determined that no criminal charges in this
matter are warranted under the law and under the circumstances as revealed by the
independent SBI investigation.

 

 

 

 

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