Fatal Use Of Force Deemed Appropriate In Officer-Involved Shooting

FREDERICKSBURG, VA — A Spotsylvania County Sheriff’s deputy’s use of lethal force in the June 30 fatal shooting of a 38-year-old Fredericksburg man was deemed justified, according to a Sept. 17 decision by Fauquier Commonwealth’s Attorney Scott C. Hook.

The report was released Wednesday afternoon.

Hook reviewed the evidence surrounding the confrontation in which Lt. Daniel Harris shot and killed Kenneth Carr during a domestic dispute at Hook’s Fredericksburg home, according to the special prosecutor’s report.

“While no civilized society condones the killing of another human being, there are times when the killing of another is excused,” Hook wrote in his report. “One of those exceptions is when deadly force is required to protect the life of another person. This exception is not solely codified for law enforcement but is also recognized as an exception by the defense of others for non-law enforcement civilians.”

Based on all the evidence, Hook concluded the shooting of Carr was justified.

“Lt. Harris was presented with an armed man who was aiming his pistol at a potential victim, and the armed man had broadcasted that he was about to kill the victim,” Hook wrote. “Lt. Harris’ actions were responsible, and no lesser action would have prevented the death of an innocent person.”

The scope of Hook’s investigation was limited to the criminality of the shooting, and did not determine whether Harris had failed to follow departmental rules or faced any civil liability due to negligence. As such, Hook’s office will not pursue criminal charges against Hook, according to the report.

A separate, internal investigation conducted by the sheriff’s office determined Harris had followed all departmental policies and procedures, according to the sheriff's office.

Deputies Respond To Domestic Incident At Fredericksburg Home

On June 30, deputies were dispatched around 3:16 a.m. for the report of a domestic disturbance involving a firearm in the 10400 block of Spotswood Drive in Fredericksburg, according to the incident report.

The first deputy to arrive on the scene was Sgt. Fred Payne, according to Hook’s investigation report. After canvassing the home, Payne went around the side of the house, looked through a basement window, and saw Carr motioning and pointing at someone else the deputy couldn’t see. When Carr turned, Payne saw that he was holding a firearm.

After Payne called dispatch to confirm that Carr did have a firearm, he returned to the front of the house and tried to help children who were inside the home and were trying to get out, the report says.

At that moment, Harris arrived at the house, went around to the side of the home, and laid down on the ground to look through the basement window, Hook’s report says. He saw Carr arguing with a woman on her knees, later identified as his wife, Devin Carr.

Kenneth Carr pointed a gun at his wife, who was pleading with him, the report says. After leaving the room for a moment, Kenneth Carr raised the gun to eye level, assumed a firing stance, and then began to approach his wife.

When Kenneth Carr crossed into Harris’ line of sight, the deputy fired his service weapon, according to the report. After being struck in the side of his head by the bullet, Kenneth Carr fell to the ground. The injury was later determined to be fatal.

Following the incident, Harris was placed on routine administrative leave