5 Things to Know: DA Clears Officers in September Police Shooting

DA Clears Officers in September Police Shooting

Mecklenburg County District Attorney Spencer Merriweather announced Thursday that his office will not press charges in a police shooting that killed a man in southwest Charlotte in September.

At around 7:29 p.m. on Sept. 22, officers Joshua Heater and Kenneth Kludy pulled over a car that they believed to be involved in a shooting that had occurred nearby just minutes before. As officers initiated the stop on East Arrowood Road near Nations Ford Road, “a suspect produced a handgun causing an exchange of gunfire,” according to CMPD’s original report.

One officer was struck and taken to the hospital with serious injuries, while the suspect, 37-year-old Nerin Funez-Reyes, was also struck and transported with life-threatening injuries. On Sept. 24, medical staff pronounced Funez-Reyes dead at the hospital.

According to Merriweather’s report, released this week, the two officers who pulled Funez-Reyes over responded to the shooting call because they had responded to a call involving Funez-Reyes earlier in the day in which the suspect allegedly pulled a gun on someone and threatened to kill them then shot at their feet.

According to both officers’ accounts in Merriweather’s report, once they pulled Funez-Reyes over, they asked if his name was Dennis, the name of the suspect from the earlier report. Funez-Reyes denied that his name was Dennis, at which time officers asked if he had a gun in the car, which he also denied. When they asked if they could search his vehicle, Funez-Reyes reportedly replied, “Never.”

It was then that Funez-Reyes reportedly turned his back to the officers to grab something then presented a gun, aiming it at both officers. Screenshots from the body-worn camera footage, which has not yet been made public, shows Funez-Reyes pointing a gun at both officers. The officers opened fire, striking Reyes six times, including once in the head.

According to the report, “it is uncertain whether [Reyes] fired his weapon during this encounter or whether Officer Kludy was struck by a ricocheting bullet fired by Officer Heater.”

However, Merriweather’s office did find that, regardless of whether Reyes fired, “it is without question that the decedent pointed a firearm directly at a police officer at close range … a reasonable police officer would justifiably believe that they or their partner were in imminent danger of great bodily harm or death” and that each officer acted in legally justifiable self defense.

Courts Deny Jefferson Griffin Election Challenges

Appeals Court Judge Jefferson Griffin is running out of options in his effort to challenge the results of the NC Supreme Court race that he lost to incumbent Justice Allison Riggs.

The NC Board of Elections (NC BOE) on Thursday rejected Griffin’s petition asking that the NC Supreme Court weigh in on his request to toss out more than 60,000 ballots cast in last month’s election, a request the NC BOE itself rejected just last week. Griffin’s opponent, incumbent Justice Allison Riggs, had already announced she would recuse herself from the case if the state Supreme Court were to take it up, but it will now be sent to federal court instead.

Then on Friday, a Trump-appointed federal judge denied Griffin’s request for a temporary restraining order blocking certification of Riggs’ election, writing that he “failed to make a clear showing that he will suffer immediate injury” if the order wasn’t granted.

His ballot challenge will remain in federal court but his options are becoming more narrow and likelihood for success becoming less likely.

“I’ll continue to work to ensure that every valid vote counts in this election,” wrote Riggs, who is currently leading the race by 734 votes after two recounts, in a tweet on Thursday. “These more than 60,000 challenged voters are our neighbors, our friends and our family members. I took a solemn oath to defend our freedoms, and I’ll never compromise my duty to abide by it.”

Restaurant Closings Announced Throughout the City

The city saw two restaurants announce that they’ll be closing their doors at the end of the year, while another Uptown establishment simply shut its doors without any announcement.

First, Letty Ketner announced in a Facebook post on Sunday that she will be closing her renowned east Charlotte staple Letty’s on Shamrock at the end of the year.

“It is with a heavy yet hopeful heart that we announce the closing of Letty’s as of December 31st,” Ketner wrote in the post. “After much reflection, I’ve made the bittersweet decision to step back and embrace retirement. As I grow older, it feels like the right time to prioritize my health, my family, and the next chapter of my life … For the past 12 years, Letty’s has been more than just a restaurant — it has been my home and my heart. From the very beginning, I dreamed of creating a place where people could gather, enjoy delicious food, and feel a true sense of community. Whether you joined us for a special celebration, a casual dinner, a beer at the bar, or were one of our treasured regulars, you became part of the Letty’s family — and you always will be.”

Then on Wednesday, Haymaker, which served “elevated, chef-driven Appalachian cuisine” on Poplar Street, announced that New Year’s Eve will be its last dinner service. Built on Hospitality (The Goodyear House, Old Town Kitchen, Folia) bought the restaurant in 2023 and in October of this year announced a “new direction” from chef Chris Coleman and his new chef Callan Buckles at Haymaker.

And on Thursday, the Charlotte Observer reported that The King’s Kitchen, Jim Noble’s not-for-profit restaurant that opened in Uptown in 2010, had abruptly closed for good on the previous day. According to The King’s Kitchen website, the restaurant, which donated profits to help feed homeless neighbors, will close so Noble can focus his efforts on the Charlotte Mecklenburg Dream Center, a Christian faith-based service organization he launched in 2014.

School Bus Struck in East Charlotte Shootout

Police have made multiple arrests related to an incident in which bullets struck a crowded school bus during a shootout in east Charlotte on Monday afternoon.

According to CMPD, the bus was caught in the crossfire of a shootout between two people on East W.T. Harris Boulevard near Albemarle Road in east Charlotte. About 30 Albemarle Road Middle School students were onboard the bus at the time of the shooting, according to Charlotte-Mecklenburg Schools, and two were treated for injuries related to broken glass.

CMPD arrested a 21-year-old man as he attempted to leave the scene and, following an interview, charged him with felony possession of cocaine and carrying a concealed weapon. A 20-year-old man arrested on Wednesday was charged with possession of a firearm by a felon, assault with a deadly weapon with the intent to kill, and possession of a stolen vehicle.

Then on Thursday, police arrested a third suspect who they believe fired the shots that struck the bus, charging him with three counts of assault with a deadly weapon with intent to kill, nine counts of shooting into occupied property, two counts of possession of a firearm by a felon and a slew of other charges.

County Warns Residents of Jury Duty Scam

Mecklenburg County sent out an alert on Friday alerting residents that “jury scammers” have recently been using increasingly sophisticated tactics to lure victims into paying large sums of money.

“What we are seeing this year is an increased effort to appear and sound authentic,” wrote Sonya L. Harper, Mecklenburg County Criminal Justice Services director, in a release that cautioned residents to the scammers’ latest tactics. “We are seeing real names of judges being used for these scams, the County seal is fake, but residents may not know that. Residents should be aware that if you fail to appear for jury service, you will not be fined by telephone or email. You will not be sent an arrest warrant for failing to appear for jury service.”

The release clarifies that, in North Carolina, jury summonses are only issued by US mail. Any phone call stating that a bench warrant has been issued for your arrest due to not reporting for jury service is a scam, the release states, adding that residents should know that neither court staff nor the Mecklenburg County Sheriff’s Office will call or email citizens requesting Social Security numbers, credit card numbers, money, pre–paid debit card numbers, payments by money grams, or any other sensitive financial information.

It should be noted that it is a scam if payment by telephone is demanded to satisfy a bench warrant.