CMPD Officer Will Not Face Charges Following Deadly West Charlotte Shooting
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No charges will be filed against a CMPD officer who shot and killed Nicholas Lopez on Frazier Avenue in October 2023, according to the District Attorney’s Office.
The shooting was investigated by the NC SBI and Officer Braylin Brown was justified in the shooting of Lopez, per a news release.
The investigation indicates that Lopez allegedly fired multiple shots around 9:30pm on Frazier Avenue on October 4th. The original 911 caller said the suspect was bald headed, wearing a white shirt, blue jeans, and had on a cross-body bag. The witness also claimed they saw the fire coming from the gun when Lopez fired it in the air, according to the news release.
Officer Brown was the first officer on the scene and witnessed Lopez, wearing a white shirt, blue jeans, and a cross-body bag arguing with a woman prior to hearing from a witness that Lopez had a gun, according to the news release.
At that time, Officer Brown pulled out his service weapon and commanded Lopez to show his hands. For a brief moment, investigators say body cam video shows Lopez showed his hands, which were empty, but he then began to jog from the scene. Officer Brown gave several commands for Lopez to stop and show his hands but the video shows that Lopez did not obey those commands, according to the DA’s Office.
Officer Brown gave chase but the area was very dark and he was only able to use the flashlight on his service weapon to see, according to the report. Officer Brown was able to catch up to Lopez and push him, knocking him off balance which caused him to fall down, according to investigators. As Lopez fell, his right hand emerged from the cross-body bag holding a firearm, which was briefly pointed at Officer Brown which was confirmed via the officer’s body cam footage, according to the DA’s Office.
Lopez then was seen on video hitting the ground, rolling once with the gun still in his hand before he stood back up, now holding the gun in his left hand, according to the report.
Lopez attempted to run again before he fell and stood back up still holding the gun in his left hand, according to the DA’s Office. As Lopez continued to run from Officer Brown, the gun could be seen on body cam footage being swung backwards multiple times before Officer Brown fired three times, striking Lopez three times.
After being struck by the bullets, Lopez dropped the firearm, a Highpoint .380 ACP which was loaded with one round in the chamber and two rounds in the magazine, according to the DA’s Office.
The gun was secured by Officer Brown until additional officers arrived on scene.
The NC SBI interviewed several witnesses, Officer Brown, and watched his body worn camera footage before coming to the conclusion that the shooting was justified.
Original Story (Posted: October 4, 2023):
CHARLOTTE, NORTH CAROLINA (WCCB) — Police are responding to an officer-involved shooting near West Trade Street and Frazier Avenue. One person was taken to the hospital. Investigators say a gun was recovered.
We have two crews on the scene and expect to hear more from CMPD soon. We will update you as soon as new information comes in.
