Pubdate: Fri, 07 Nov 2003
Source: Fayetteville Observer (NC)
Copyright: 2003 Fayetteville Observer
Contact:  http://www.fayettevillenc.com/
Details: http://www.mapinc.org/media/150
Author: Robert Boyer, Staff Writer

JUDGE RULES AGAINST CHARGES ON ADAMS

A judge ruled Thursday that there was no probable cause for a felonious 
assault charge against a man who was shot by a police officer in September.

But District Attorney Ed Grannis said he had not dismissed the case against 
the man, Claybrook Adams, and had not decided how he would proceed.

The ruling was made by District Court Judge John S. Hair Jr.

Adams, 25, was shot Sept. 24 during an undercover drug operation at a 
pharmacy at Raeford Road and Bingham Drive.

Police accused Adams of trying to strike undercover officers with his car. 
An officer shot him in the face as he drove through the parking lot.

Adams has said he tried to drive away from the lot because he thought he 
was being robbed and feared for his life.

Adams has not been charged with drug offenses in Cumberland County.

Police said after the shooting that Adams was involved in drug activity, 
but they did not charge him with drug offenses.

Adams was treated at Cape Fear Valley Medical Center. He was released 
recently and is recovering.

Prosecutors Mull Case

Adams said he was happy with the judge's ruling.

"I am happy that justice was served," he said. "I'm totally pleased. I feel 
like my name has been cleared."

Grannis said the defense sought the probable-cause hearing. Such hearings 
in felony cases are rare in Cumberland County, he said.

Grannis said he will consult with Assistant District Attorney Greg Butler, 
who represented the state at the hearing.

"We will have to sit down and evaluate the case in light of the judge's 
decision," he said.

That meeting will happen next week, Grannis said.

Previous Adams denies instigating gunfire during drug sting (Oct. 18) 
Gunshot victim out of hospital (Oct. 11) Police name detective in drug 
shooting (Oct. 1) Warrant reveals shooting details Chief: Officer involved 
in shooting feared for life (Sept. 26) Man shot in drug bust (Sept. 25)

Allen Rogers, a lawyer who represents Adams, said he hoped that Grannis 
would respect Hair's decision and not prosecute Adams.

"He is certainly under no obligations to do so," Rogers said.

Police Chief Tom McCarthy said he was disappointed with the ruling.

McCarthy said he believed Grannis "felt pretty good" about the case and 
expressed confidence that the district attorney was handling it properly.

McCarthy said he had advised Grannis about how to proceed.

"It's still an active case. The district attorney will have to make a 
decision whether to pursue the case or not," he said. "He doesn't try doing 
policing, and I don't try doing prosecuting."

McCarthy said the results of a State Bureau of Investigation probe into the 
shooting were more important to him than Thursday's ruling. The SBI is 
still investigating, McCarthy said.

"I'm more interested in how this thing ends than where it is now," he said.

The officer who shot Adams was placed on administrative leave with pay. He 
returned to work about two weeks ago and has been assigned administrative 
duties, McCarthy said.
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