ASHEVILLE - The Buncombe County district attorney has cleared two officers who shot and killed a man in July outside Shakey's, a downtown Asheville dive bar.
Shortly after 1 a.m. on July 15, Asheville Police Department officers went to Shakey’s Bar at 38 North French Broad Avenue following reports of a civil disturbance involving an armed individual who was becoming aggressive with bar staff, District Attorney Todd Williams said in a statement on Sept. 29.
As they were driving there, computer-aided dispatch notes and radio updates indicated that approximately ten shots had already been fired in the parking lot of the bar. When they arrived, Officer Joshua Dobson and Officer Andrew Mazeika heard active gunfire echoing in the parking lot. As Dobson approached,
he identified the suspect, Arturo Castillo-Palomar, actively shooting a handgun near a vehicle in the parking lot outside Shakey’s, Williams said.
At the time Dobson fired his rifle, he observed muzzle flashes, heard the associated gunfire, and reasonably believed that Castillo-Palomar "posed an immediate threat" of killing officers or bar patrons, Williams said. Due to the immediate ongoing and lethal threat posed by Castillo-Palomar's discharge of a firearm, Dobson had a reasonable belief that deadly force was necessary to protect both his life and the lives of others, Williams said. Castillo-Palomar was pronounced dead at the scene.
Based on a review of the documented evidence provided by the NC SBI, and considering the officer’s belief that deadly force was reasonably necessary to prevent imminent death or serious physical injury, Williams determined the shooting of Castillo-Palomar was justified under North Carolina law and no criminal charges should be initiated.
“When responding to this incident, APD Officers Dobson and Mazieka went toward an immediate danger and active shooter to protect our community," Williams said. "Their bravery and decisive action under threat of live gunfire very likely saved lives. They are commended for their service and courage."
Kara Fohner is the Public Safety Reporter for the Asheville Citizen Times. Email her at kfohner@usatodayco.com or call her at 980-241-8671.
This article originally appeared on Asheville Citizen Times: DA clears Asheville officers in fatal shooting outside Shakey's bar
