Judge to review police tape’s release
by Darrick Ignasiak
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RANDOLPH COUNTY – A Randolph County Superior Court judge will review the arguments of two attorneys battling over the release of the dash-cam videos surrounding the death of a University of North Carolina at Chapel Hill student who was fatally shot by an Archdale police officer in August.

On Friday, Superior Court Judge Brad Long heard from Asheboro attorney Jonathan Megerian, who argued on the behalf of the parents of 21-year-old Courtland Smith that the videos be permanently sealed. Among his arguments, Megerian claimed the videos would do more harm than good for Smith’s family.

“I know very well that if this is released to the public and media ... it goes on the CNN Web site,” Megerian said, who argued that several cases set a precedent for the judge to permanently seal the videos.

Smith, a UNC fraternity president, was stopped on Interstate 85 by two Archdale police officers on Aug. 23. 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, several media outlets including The High Point Enterprise have been trying to get the videos, that portray interaction between Smith and police during the traffic stop and leading up to the shooting, released. Long has kept them sealed from public view. In September, he ruled that releasing the videos would hinder the case and jeopardize the right of potential defendants to receive a fair trial but said he would release the videos if no charges are filed against the officers.

Earlier this month, Randolph County District Attorney Garland Yates cleared Officer Jeremy Paul Flinchum, who shot Smith. Yates said the officer’s actions were justified under North Carolina law governing the use of deadly force. Soon after Flinchum was cleared by Yates, the Smiths requested that Long seal the footage permanently.

Hugh Stevens, an attorney with Everette, Gaskins, Hancock & Stevens representing The High Point Enterprise and other media outlets, argued Friday the videos should be released to the press.

The videos would “shed some light on a very dark and troubling” incident, Stevens said, adding that Smith died “at the hands of a police officer” in the middle of the night.

Long said he would render a decision once he studies all the arguments presented to him.

dignasiak@hpe.com | 888-3657
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