Police Video Released 3 Months After Fatal Officer Shooting

CHARLOTTE, NC — Charlotte police released Wednesday the body camera footage of the moments leading up to a deadly officer shooting of a robbery suspect in January.

The video release of the Jan. 16 shooting comes after a Superior Court judge granted permission for its release. The video may be seen below.

The incident occurred around 4:30 p.m. in the 1500 block of West Boulevard when CMPD K9 officer Timothy Kiefer attempted to approach a man who fit the physical description of a robbery suspect wanted for two armed robberies committed in the area earlier Wednesday. According to police officials, the officer said he fired his weapon because he felt "an imminent deadly threat."

The robbery suspect was later identified as Michael Daniel Kelley, 32.

RELATED: Cop Who Killed Robbery Suspect Felt 'Imminent Deadly Threat'

Hours prior to the deadly shooting, CMPD issued a city-wide advisory for officers to be on the lookout for the suspect following two armed robberies. The first incident occurred shortly before 2 p.m. when a man entered a church in the 300 block of Freeland Lane, asking for money. When a man inside the church refused, the suspect reportedly pulled out a box cutter and cut the victim. He then stole car keys and drove away in the victim's Infiniti, according to police.

A vehicle matching the description of the stolen car was used in another armed robbery — at Family Dollar located in the 4600 block of W. Tyvola Road — a short time later, police said. "The store employees reported they believed the suspect was armed with a gun," CMPD said.

The stolen vehicle was later found by a patrol officer in a shopping center in the 1500 block of West Boulevard. After the vehicle was located, officers began canvassing the area. Kiefer, who was in a marked police vehicle, spotted Kelley who fit the robbery suspect's description.

Kiefer began giving "loud, repeated verbal commands," to Kelley as he got out of his police vehicle, according to a police account released Thursday morning.

"Mr. Kelley immediately began to walk quickly toward Officer Kiefer, rapidly closing the distance." Kiefer then opened the rear door of his marked police vehicle to let his police dog out and then gave it commands to engage Kelley, who then sprinted towards the officer. "Officer Kiefer continued to give loud, repeated, verbal commands to Mr. Kelley; however, Mr. Kelley ignored the commands and continued to rapidly advance toward Officer Kiefer," CMPD said.

"During the encounter, the officer perceived an imminent deadly threat and subsequently fired his weapon striking the man," CMPD said in a statement. The suspect, was taken to an area hospital, where he was pronounced dead.

According to CMPD, a knife was found at the scene by crime scene investigators.

In an interview with the Charlotte Observer, a witness said he heard the officer demand three times for Kelley to take his hands from behind his back, and said Kelley "pulled an object out" while advancing towards the officer. The witness, who was standing about 100 yards away, told the newspaper he could not see what the object was.

Per protocol, Kiefer was placed on paid administrative leave and CMPD's Internal Affairs Bureau launched a separate and parallel investigation alongside the homicide investigation "to determine whether CMPD policies and procedures were adhered to during the incident," CMPD said.

Late last month, the district attorney said he would not be charging Keifer in Kelley’s death.

“A police officer – or any other person – is justified in using deadly force if he in fact believed that he or another person was in imminent danger of great bodily harm or death from the actions of the person who was shot and if his belief was reasonable,” District Attorney Spencer Marriweather said.

RELATED: CMPD Releases Body Cam Footage From Officer Involved Shooting

“The statements of the civilian witnesses and [body worn camera] footage corroborate Officer Keifer’s account of the events in which the decedent emerged from behind the dumpster with one arm behind his back and one raised at Officer Keifer while stating, ‘I’m going to shoot you,’ and then running toward Officer Keifer and pursuing him around his vehicle,” Merriweather wrote in his decision. “As such, Officer Keifer faced an imminent threat of great bodily harm or death, and it would be impossible for the State to prove Officer Keifer did not act in self-defense when he fired at the decedent.”

Warning: Due to the graphic nature of the videos, discretion is strongly advised.