RANDOLPH COUNTY – An Asheboro attorney representing the parents of a UNC Chapel Hill student who was fatally shot by an Archdale police officer will argue today in Randolph County Superior Court why police vehicle dash-cam videos that recorded events of the August incident should be sealed permanently.

On Aug. 23, Courtland Smith, a 21-year-old fraternity president, was stopped on Interstate 85 by two Archdale police officers. Prior to being stopped, Smith had called 911 asking for police assistance and telling a dispatcher he was suicidal, driving drunk at speeds of up to 110 mph and armed with a 9 mm pistol.

Since the shooting, Superior Court Judge Brad Long has kept sealed from public view two videos that portray interaction between Smith and police during the traffic stop and leading up to the shooting. He ruled in September that releasing the videos would hinder the case and jeopardize the right of potential defendants to receive a fair trial. The judge also ruled against a law firm representing several media outlets, including The High Point Enterprise, that “the video is a record of criminal investigation” and not a public record as currently defined by statutes.

Following his review of the video, the judge said neither video shows Smith being shot by an officer, stating the video portrays interaction between Smith “and the officers immediately prior to the shooting.” Long also ruled if no charges are filed against the officers in the case, the videos would be made available to the public.

Randolph County District Attorney Garland Yates earlier this month cleared Officer Jeremy Paul Flinchum, who shot Smith, ruling that the officer’s actions were justified under North Carolina law governing the use of deadly force.

Stopping the immediate release of the videos, Pharr and Susan D. Smith, who could not be reached for comment by The High Point Enterprise on Thursday, hired the Asheboro law firm of Megerian & Wells to request that Long seal the footage permanently. The firm will argue today there is legal precedent to seal the videos indefinitely, said Megerian and Wells attorney Jonathan Megerian.

“I don’t think it needs to be released to YouTube, Nancy Grace and all the other places it’s going to end up,” Megerian said. “There is no need for it ... It can only cause harm and can’t do any good ... We certainly are going to argue that there is legal precedent for not releasing it.”

Amanda Martin, an attorney with Everette, Gaskins, Hancock & Stevens, said attorney Hugh Stevens, on behalf of The High Point Enterprise and several media outlets, will argue that the release of the videos would “help the public understand the complete context of what happened that morning and how or why Courtland Smith ended up being shot.”

“It will help the public understand the district attorney’s decision not to pursue charges against the officers,” Martin said. “The video that was recorded gives an unbiased, completely neutral view of what took place in those few minutes.”

dignasiak@hpe.com | 888-3657