District Attorney: Burke County Deputy Lawful In Shooting Of Man With Pellet Gun

UPDATE:  The Burke County District Attorney has concluded that the Burke County officer who shot a man holding CO2 pellet gun acted lawfully.

District Attorney David Learner released a statement saying, “Based upon applicable law and the facts as reported by eyewitness accounts, corroborated by the photographs and other physical evidence, it is my conclusion that the Burke County Sheriff’s Deputy acted lawfully in shooting Mr. Jacobs on August 21, 2017.”

The deputy responded to a violent domestic dispute at a mobile home park on Highway 70 West near Dyartsville Road.

According to the State Bureau of Investigation report, Jacobs kicked his wife, who then cut him with a box cutter before the deputy arrived.

Jacobs pointed, what was believed to be, a large handgun at his wife and the deputy.  The deputy commanded Jacobs to put the gun down over 30 times, but he refused.

Reports indicate Jacobs had methamphetamine and alcohol in his system.

MORGANTON, N.C. — Investigators say a man was shot and killed by a Burke County Sheriff’s deputy in Morganton.

The shooting happened Monday evening just after 7pm on Highway 70 West.  Someone called 911 advising that a man was beating a woman in the road and was armed with a revolver and a knife.

Investigators say the deputy arrived at the scene and ordered the man to drop the weapon.  After multiple warnings, the man reportedly pointed the gun at the deputy who fired one shot striking the male, according to a news release.

Jeffrey Jacobs was transported to CMC where he died prior to arriving at the hospital.

The North Carolina SBI is investigating the shooting.  A news release says the weapon recovered at the scene was a Co2 pistol that looked like a perfect replica of a real revolver.

The deputy, a four-year veteran of the Sheriff’s Office, has been placed on administrative leave until the investigation is concluded.