DARE COUNTY, N.C. — After a months-long investigation, a Dare County deputy will not face criminal charges in connection to the shooting death of Sylvester Demetrius Selby this past fall.
According to the Dare County Sheriff's Office (DCSO), on October 2, 2023, law enforcement responded to Burnside Road near the center of Manteo for reports of trespassing on a property. According to a DCSO spokesperson, Selby was allegedly seen holding a knife and "came after" deputies before being shot and dying at the scene.
North Carolina Conference of District Attorneys spokesperson, Charles A. Spahos, released a statement Wednesday stating that it was determined the use of deadly force in shooting Selby was "justified" and "necessary" to protect the deputy and sergeant involved.
"This shooting was indisputably tragic, but it was not unlawful. Consequently, our office will not be seeking charges related to the death of Sylvester Demetrius Selby," said Spahos.
The law referenced in this investigation is in the North Carolina General Statute section 15A-401 (d)(2)(a). It defines when a law enforcement officer is justified in using deadly physical force upon another person to defend themselves or others.
- A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby:
- To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
North Carolina's restrictive body camera laws have prevented the scene footage from being released to both the media and the public. 13News Now requested the body camera footage through a Freedom of Information Act request but was ultimately denied by the Dare County Sheriff's Office.
"Mr. Selby does not comply with the commands given," reads the report." Within seconds, Mr. Selby starts running down the stairs and directly at [deputy] with the knife still in hand," reads the DA release.
Part of the Conference of District Attorneys' news release claims, citing an interview with the State Bureau of Investigation:
"He [the deputy] thought he was in imminent deadly danger and was going to get stabbed."
In its finishing analysis, the shooting was deemed "indisputably tragic, but it was not unlawful."
In December, Selby's family filed a federal lawsuit against the deputy involved in the shooting and Dare County Sheriff Doug Doughtie, seeking more than $4 million in compensatory damages. Last October at the scene of the shooting, Selby's family shared that he suffered from mental health complications.
While the body camera footage has not been publicly released, the Selby family was allowed to view it. In their lawsuit, they contest that the observed body camera footage demonstrates Demetrius Selby complied with law enforcement commands before tripping and falling down the steps of the mobile home where he was shot.
"Mr. Selby immediately collapsed to the ground at the bottom of the steps landing on his back; both the apple and knife were dislodged from Mr. Selby’s hand and clearly landed a distance away from Mr. Selby," the lawsuit reads.
It adds that at the time the deadly shots were fired, Selby did not physically possess a knife in his hand.
Attorneys respond to "justified" use of force
As the body camera footage remains publicly unreleased, the bulk of the information about this case has come from law enforcement agencies, the newly released investigative findings, or Selby's family and representing attorneys.
The attorneys representing the Selby family, Harry Daniels and Chantel Cherry-Lassiter, are two of the attorneys who also litigated the multi-million dollar wrongful death settlement case of Andrew Brown Jr. in 2021, which rose to national attention when Pasquotank County deputies shot and killed Brown Jr. in Elizabeth City while serving warrants.
In a call response to 13News Now, the attorneys pointed to similarities in the two cases, while maintaining the argument that Selby did not pose a threat to the deputies at the time when the shots were fired.
"What the video shows, is Mr. Selby was shot coming down the steps not in a threatening manner. The knife and apple, the knife he was using to cut the apple, fell out of his hands. He was on the ground on his back, blood on his hands but did not have a knife or apple anymore. He rolled over trying to gasp for breath, trying to stand and he was subsequently shot twice," Daniels said.
"He was not charging, he was unstable, actually, as he was coming down the steps. Possibly from loss of blood, but he was not charging at anyone coming down those steps," Cherry-Lassiter said.
Daniels also said that in the body camera footage observed by the family, they believe it demonstrates Selby surrendering to law enforcement.
"Although North Carolina law doesn't allow you [media] to look at the video, I'll ask this question: if they're so confident that the shooting was justified of Demetrius Selby, then tell them to release the video and let the public decide," Daniels asked.
Officials with the Dare County Sheriff's Office said it is not commenting on the matter.