RANDOLPH COUNTY – A Randolph County Superior Court judge has ruled in favor of the parents of a University of North Carolina at Chapel Hill student who were requesting Archdale police dash-cam videos surrounding the death of their son be permanently sealed.

On Friday, Judge Brad Long sent notification to Hugh Stevens, an attorney representing The High Point Enterprise and several other media outlets, that the videos would not be released.

“This court has determined that the court is without the authority as a matter of law to order the release of the video, therefore, the parents’ second argument that the video should not be released in the court’s discretion is not considered,” Long said. The video is not a public record as set out in general statutes, the judge also ruled.

In Randolph County Superior Court last month, Stevens argued against Jonathan Megarian, an Asheboro attorney who represented Pharr and Susan Smith, that the release of the videos would “shed some light on a very dark and troubling” incident where Courtland Smith died “at the hands of a police officer” in the middle of the night. Megarian, meanwhile, 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.

According to Long, the video footage from the police cars captured “portions of the incident” prior to Smith being shot. In September, Long ruled that the release of 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.

In December, Randolph County District Attorney Garland Yates cleared Officer Jeremy Paul Flinchum, who fatally shot Smith. The district attorney ruled the officer’s actions were justified under North Carolina law governing the use of deadly force. Soon after Yates cleared Flinchum, the Smiths requested that Long seal the footage permanently.

Last month, Pharr Smith testified that the release of the video would painful for his family. “I really don’t want the last picture in my mind to be whatever he looked like that night,” the father said. “I know he didn’t sound like the Courtland I loved and knew. I can’t imagine he would look like that. It would be very painful for me to have that be the last picture in my mind.”

dignasiak@hpe.com | 888-3657