POLICE NOTE OFFICER'S MISTAKE IN SHOOTING

Concord teen was wounded in raid at house

CONCORD

- -- An internal police investigation has concluded that the April 13 shooting
of a 15-year-old boy by a Concord officer was an accident, caused by
improper gun handling.

Officer Lennie Rivera shot 15-year-old Thomas Edwards Jr. during a house
search because a sudden movement jolted his gun, causing him to tighten his
grip on it and pull the trigger.

In violation of police rules and training, Rivera's finger was poised inside
the trigger guard when he entered the house, although he had not identified
a reason to shoot, Police Chief Robert Cansler said Tuesday.

"Obviously, this is not a situation we're real proud of. We wish it had
never taken place," Cansler said.

On April 13 a team of officers entered a home in the 300 block of Fox Street
to search for drugs. Thomas, a Concord High School varsity football player
visiting the home, was playing video games with several other children when
police approached the open front door and told everyone to get on the floor.

As Thomas was getting down, Rivera accidentally shot him in the right
buttock, police said.

Thomas went to NorthEast Medical Center, where he was treated and released a
few hours later.

According to the investigation, as Rivera entered the home, his weapon, a
40-caliber Heckler and Koch gun, got caught on his other equipment. Once
inside, he moved suddenly, freeing the gun, Cansler said.

"The sudden, unexpected release of the entry weapon created enough forward
momentum against the officer's trigger finger to cause the weapon to
discharge," Cansler said.

Cabarrus County District Attorney Mark Speas reviewed a State Bureau of
Investigation report on the shooting and will file no criminal charges,
according to a statement Speas released Tuesday.

"The report shows that this discharge was inadvertent. Additionally, there
is no evidence that Officer Rivera acted in a criminally reckless or wanton
manner," according to the statement.

As punishment for improper gun handling, the Police Department suspended
Rivera without pay for 84 working hours and required him to repeat firearms
training with the Heckler and Koch entry weapon, Cansler said. Rivera has
completed both and is now back on duty.

Steve Johnson, a firearms instructor at the N.C. Justice Academy, said, "We
teach people, fingers off the trigger until on target and they're actually
going to fire the weapon. . . . It's one of the basic safety rules you
always teach."

In addition, the Police Department is paying for Thomas' medical expenses
and is "communicating with his legal counsel and his family for the accident
and resulting injury," Cansler said.

Thomas' attorney, Henderson Hill, declined to comment.

Cansler said Rivera "is harder on himself than any of us are." He said
Rivera extends his apologies to Thomas.

The police suspended the drug search at the time of the shooting, but
returned later that night to find a small amount of marijuana, cocaine and
drug paraphernalia in the home, Cansler said in April.

Cansler said Johnny Burris Bryant Jr., 18, who lived at the Fox Street home,
was charged then with possession with intent to sell and deliver cocaine and
with maintaining a dwelling with the purpose of sale of a controlled
substance. The case is pending.