NO CHARGES FOR OFFICER WHO SHOT WRONG MAN

HILLSBOROUGH -- After hearing the testimony of two SBI agents Monday, an
Orange County grand jury decided not to indict a U.S. deputy marshal for
shooting an innocent Hispanic man in a Chapel Hill restaurant parking lot
in March.

"It means the case is closed," Orange-Chatham District Attorney Carl Fox
said. "It doesn't absolve him of civil liability, but it certainly absolves
him of criminal liability."

The incident took place March 12 in the parking lot of La Hacienda
Restaurant after dark. Deputy Marshal Christopher William Sweeney and two
other officers were waiting near the restaurant on Chapel Hill Boulevard
because they had received information that a fugitive in a federal drug
conspiracy case would arrive at the restaurant between 8:15 and 9 p.m.

During that time period, a Hispanic man, his wife and two children drove
into the parking lot to pick up some photographs that a restaurant employee
had taken of them at a family celebration.

Using unmarked cars, Sweeney and the other officers surrounded the Hispanic
man's Jeep Cherokee, which allegedly matched the description of the drug
suspect's vehicle, and blocked him in. Then they approached the car with
guns drawn. Claiming that the Hispanic man appeared to be reaching for
something, Sweeney shot and hit the man in the leg.

The driver of the Jeep Cherokee was not the drug fugitive and did not have
a weapon in his vehicle.

"He made no movement whatsoever that made the marshal to be in fear for his
life," said Jay Ferguson, the victim's attorney.

Ferguson said his client, who does not speak English very well, has been
waiting for the grand jury's decision.

"I respect the grand jury's decision, although I'm disappointed," Ferguson
said. "He went to the restaurant just like any other night, did absolutely
nothing wrong. He's a hardworking family man, and he ends up getting shot."

Although his client lost his day in criminal court, it won't be the end of
the case, Ferguson said.

"My client will get his day in court," he said. "It just won't be this
court. . All he wants out of this is justice."

The grand jury's duty was to listen to the testimony and hold Sweeney to
the same standard it would hold anyone else who shoots someone. The fact
that Sweeney was a law enforcement officer should not have been a
consideration in making the decision, Fox and Ferguson said.

"It's the same as for any other citizen," Fox said.

In Orange County, the grand jury returns indictments on nearly every case
it hears.

The SBI conducted an investigation of the shooting and turned over its
findings to Fox.

"I didn't feel comfortable, based upon what I read in the report, whether
the use of deadly force was justified under the circumstances," Fox said.

By submitting a bill of indictment to the grand jury members, Fox let them
decide whether Sweeney should be put on trial for assault with a deadly
weapon inflicting serious injury. The jury apparently believed there was
not enough evidence for Sweeney to be charged, Fox said.

The grand jury consists of 18 people and normally meets once a month and
hears testimony from law enforcement officers. The members then vote on
whether there is enough evidence from the state for the case to go forward.
At least 12 of the grand jury members must vote in favor of the indictment.

In this case, Fox said, the SBI agent who investigated the case testified,
along with an SBI expert in ballistics and firearms. The victim did not
testify.