Suspect Shot Attempting to Break into Occupied Vehicle in North Carolina

North Carolina Governor Vetos Volunteer Security in Churches Co-Located with Schools, iStock-884214706
North Carolina Governor Vetos Volunteer Security in Churches Co-Located with Schools, iStock-884214706

U.S.A.-(AmmoLand.com)- A person attempting to break into a vehicle at 3 a.m was reported to have been shot on Friday morning, 4 September, 2020, near Milepost 364 on the Blue Ridge Parkway in North Carolina.

From wyffr.com:

ASHEVILLE, N.C. —

A man was shot while trying to break into a car Friday morning along the Blue Ridge Parkway, according to the National Park Service.

The owner of the vehicle was the shooter, officials said.

Craggy Gardens is the National Park Service facility located at milepost 364 on the Blue Ridge Parkway. There are no sleeping facilities near that location on the Parkway. There is a parking area and a visitor center. From nps.gov:

Sleeping and Eating:

Craggy Gardens Picnic Area: Pack a picnic basket and grab a table. The picnic area is open seasonally; check the opening schedule for specific dates. When you visit Craggy Gardens, we ask that you Leave No Trace.

Craggy Gardens does not offer any sleeping options. See nearby towns for accommodations. Along the Parkway, the closest campground is Crabtree Falls, 25 miles north.

Speculation: A person was sleeping in their vehicle, likely in the parking area of Craggy Gardens. At 3 a.m., an intruder attempted to break into the vehicle. The vehicle owner called 911; but responders were too far away to intervene. The owner, had a firearm then shot the intruder in self-defense. Craggy Gardens is one of the most popular spots on the Blue Ridge Parkway, which is 469 miles long.

Image screenshot from wyff4 video, cropped and scaled by Dean Weingarten

The Dodge Freightliner Sprinter vans are a popular vehicle to convert into campers. The image of the vehicle, shown in dense fog, suggests that visibility was severely limited at the time of the shooting.

The National Park Service schedule for Craggy Gardens lists a store that is open from 10 a.m. to 4 p.m. Thursday through Monday, closed on Tuesday and Wednesday. No one would be expected to be at the facility at 3 a.m. on a Friday morning.

These sorts of remote rest areas/picnic areas are natural attractants for criminals. Prostitution, illicit sexual activity, drug dealing, even robbery, and worse are not uncommon. A woman was sexually assaulted on a Craggy Gardens trail in 2016.

The sparse details of the shooting on Friday morning, 4 September 2020, suggest it was a valid case of self-defense. The owner of the car was the shooter. They claim the person shot was attempting to break into the car, which, if they were sleeping in it, would also have been their temporary residence.

No motive for the suspect has been released. The suspect was transported to a hospital and required surgery. The car owner and the suspect have both been reported to be men.

Under North Carolina Statute 14-51.2, a lawful occupant of a motor vehicle is presumed to have a reasonable fear of imminent death or serious bodily harm if someone is attempting unlawful and forceful entering.

Persons who are defending their home or motor vehicle are presumed to be justified in using force to stop the threat. A person who is found to have been justified in such a situation will be immune from civil and criminal liability, with some exceptions.

The shooter is being held as part of the investigation. The Buncombe County Sheriff's office will be the lead investigating agency in the case.

The shooter, and owner of the vehicle being broken into, called 911 immediately to report the incident and is currently being held by investigators.

The Buncombe County Sheriff’s office will be the lead investigative agency with assistance from the National Park Service

The author and Ammoland are not attorneys and do not give legal advice. The reference to statutory law is for educational purposes only.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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nobodyuknow
nobodyuknow
2 months ago

It’s a real shame that this scumbag didn’t DIE! Hooray for the vehicle owner!

tortugabob
tortugabob
2 months ago

This would have had a happy ending if the shooter had been an off-duty Brazilian policeman.

Dragonfly
Dragonfly
2 months ago

I am glad to see the motorist was quickly cleared of any wrong doing.
df

Dubi Loo
Dubi Loo
2 months ago

The defender never should have been arrested and put in a cage.

Dave in Fairfax
Editor
Dave in Fairfax
2 months ago
Reply to  Dubi Loo

DL,
Take a look below at JWPB’s comment. He’s been cleared and is free. A lot of the time when there’s a shooting, the shooter gets held until the police are certain of what happened.

Dubi Loo
Dubi Loo
2 months ago

Hi Dave,
I did read JWPB’s update before I posted. My point was the defender is considered guilty, arrested, and put in a cage, until Proven innocent. Seems backasswards to me.

Thanks for providing this site, I go to it daily.

Dave in Fairfax
Editor
Dave in Fairfax
2 months ago
Reply to  Dubi Loo

DL I don’t provide much more than my skewed sense of humor. Fredy, Duncan and Brian do the heavy lifting.
I agree that it sucks to go to a cage until they get it sorted out, but EVERY crook says that they weren’t dooin’ nuffin. Other than maybe turning their life around.

FPV02
FPV02
2 months ago

Thanks for the report, Dean. That means the Castle Doctrine law we drafted and got passed in 2011, which creates a rebuttable legal presumption that you face a reasonable fear of imminent death or bodily harm (the requirement to use deadly force) if someone forcibly and unlawfully attempts to enter your home, your motor vehicle or your workplace, has saved another life.

Paul Valone
President, Grass Roots North Carolina
http://www.GRNC.org

JayWPB
JayWPB
2 months ago

Some good news.
The individual whose vehicle was being broken into and discharged their weapon has since been cleared of any criminal charges, according to the Buncombe County Sheriff’s Office.

Camotim
Camotim
2 months ago

Why this horrible shooter denied that criminal his right to due process of law. (I would have done the same damn thing.)

musicman44mag
musicman44mag
2 months ago

Too bad the perp lived.