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POSTED: 1:02 pm EDT September 2, 2005
CITY OF RALEIGH POLICE DEPARTMENT INTER-OFFICE MEMORANDUM
TO: J. Russell Allen, City Manager
FROM: Jane Perlov, Police Chief
SUBJECT: Five Day Report following the Use of Deadly Force by Officer A.M. Peele On August 28, 2005
DATE: September 2, 2005
On Saturday, August 27, 2005, Officer A.M. Peele went to work in an off-duty capacity at La Rosa Linda Authentic Mexican Restaurant located at 4005 New Bern Avenue. She was employed to provide outside security to the establishment in the late night hours. She was dressed in the traditional uniform of the department. She drove her personal vehicle, a black Nissan Xterra, to the job site.
Her vehicle was backed into a parking space directly across from the front door of the restaurant. Ms. Lindsay Banning, a Raleigh animal control officer who is a friend of Officer Peele, had accompanied her to her off-duty employment. Ms. Banning and Officer Peele sat in the vehicle as Officer Peele worked. Subsequently, Ms. Banning got out of the car and entered the foyer of the restaurant.
Officer Peele got out of the car to enter the restaurant because the restaurant’s inside security officer, George Luis Jaime, indicated that there were patrons who needed to be removed from the establishment. Four patrons were ejected by the inside security staff. At the time Officer Peele got out of her car she left the keys in the ignition, the windows down, and the car unlocked with the parking lights on.
A few minutes later, shortly before 1:00 a.m., Officer Peele, Ms. Banning and Mr. Jaime were in the foyer area of the restaurant. The glass exterior door to the restaurant was closed. Officer Peele, Ms. Banning and Mr. Jaime observed a man getting into Officer Peele’s personal vehicle. Officer Peele and Ms. Banning immediately ran from the building. Officer Peele challenged the man to get out of her car.
Officer Peele approached the driver’s side of the vehicle. The suspect placed the vehicle in gear and began to move forward. Officer Peele fired one shot striking the man under the left arm. The bullet traveled downward and did not exit the body. After being shot, the suspect drove the vehicle out of the parking lot. He traveled across New Bern Avenue, crossed through the median, entered the parking lot of the Caroco convenience store and struck a parked vehicle belonging to an employee of the store. The suspect then placed the vehicle in reverse, backed up, shifted to a forward gear, and drove back across the eastbound lanes of New Bern Avenue.
The vehicle came to rest in the median of New Bern Avenue. After firing her weapon, Officer Peele began to run after the vehicle and radioed the Emergency Communications Center (ECC). She relayed the location of the vehicle and the fact that she shot the suspect. Officer Peele indicated to the ECC that she did not believe that the suspect had a gun. Additional officers arrived at the scene. Traffic was blocked on New Bern Avenue. Officers immediately approached the vehicle. The suspect’s medical condition was evaluated and relayed to the ECC, which had an EMS unit in route. Emergency medical personnel arrived at the scene, began medical care and transported the man to WakeMed where he was pronounced dead.
The medical examiner will generate an autopsy report when all testing is completed. Because the suspect did not have any identification in his possession his fingerprints were obtained at the hospital. The City County Bureau of Identification identified the deceased through his fingerprints that were in the Automated Fingerprint Identification system because of past arrests. The deceased was identified as Mr. Nyles Arrington, DOB 8-13-63. Mr. Arrington’s family indicated that Mr. Arrington had become homeless because of a drug problem. He did have a crack pipe in his possession when his clothing was searched. Prior to August 28, 2005 Mr. Arrington had been arrested for driving while impaired, larceny, unauthorized use of a vehicle, credit card fraud, motor vehicle theft, possession of cocaine and speeding to elude officers.
As required by Police Department policy, the State Bureau of Investigation was requested to conduct an investigation of the shooting. SBI agents arrived quickly after being called and began their investigation immediately. At the conclusion of the investigation the report will be presented to District Attorney Colon Willoughby to determine if any criminal laws were violated by Officer Peele. The Internal Affairs Unit of the police department is conducting an administrative investigation into the shooting. At the conclusion of that investigation supervisory staff of the department will determine whether there were any violations of department policy.
Officer Peele became a sworn member of the department on June 4, 1999. She is assigned to the Downtown District and works in Field Operations. As required by department policy she is currently assigned to administrative duties.