Pubdate: Wed, 30 Jun 1999 Source: Charlotte Observer (NC) Copyright: 1999 The Charlotte Observer Contact: http://www.charlotte.com/observer/ Author: EMILY BLISS, Staff Writer POLICE NOTE OFFICER'S MISTAKE IN SHOOTING Concord teen was wounded in raid at house CONCORD - -- An internal police investigation has concluded that the April 13 shooting of a 15-year-old boy by a Concord officer was an accident, caused by improper gun handling. Officer Lennie Rivera shot 15-year-old Thomas Edwards Jr. during a house search because a sudden movement jolted his gun, causing him to tighten his grip on it and pull the trigger. In violation of police rules and training, Rivera's finger was poised inside the trigger guard when he entered the house, although he had not identified a reason to shoot, Police Chief Robert Cansler said Tuesday. "Obviously, this is not a situation we're real proud of. We wish it had never taken place," Cansler said. On April 13 a team of officers entered a home in the 300 block of Fox Street to search for drugs. Thomas, a Concord High School varsity football player visiting the home, was playing video games with several other children when police approached the open front door and told everyone to get on the floor. As Thomas was getting down, Rivera accidentally shot him in the right buttock, police said. Thomas went to NorthEast Medical Center, where he was treated and released a few hours later. According to the investigation, as Rivera entered the home, his weapon, a 40-caliber Heckler and Koch gun, got caught on his other equipment. Once inside, he moved suddenly, freeing the gun, Cansler said. "The sudden, unexpected release of the entry weapon created enough forward momentum against the officer's trigger finger to cause the weapon to discharge," Cansler said. Cabarrus County District Attorney Mark Speas reviewed a State Bureau of Investigation report on the shooting and will file no criminal charges, according to a statement Speas released Tuesday. "The report shows that this discharge was inadvertent. Additionally, there is no evidence that Officer Rivera acted in a criminally reckless or wanton manner," according to the statement. As punishment for improper gun handling, the Police Department suspended Rivera without pay for 84 working hours and required him to repeat firearms training with the Heckler and Koch entry weapon, Cansler said. Rivera has completed both and is now back on duty. Steve Johnson, a firearms instructor at the N.C. Justice Academy, said, "We teach people, fingers off the trigger until on target and they're actually going to fire the weapon. . . . It's one of the basic safety rules you always teach." In addition, the Police Department is paying for Thomas' medical expenses and is "communicating with his legal counsel and his family for the accident and resulting injury," Cansler said. Thomas' attorney, Henderson Hill, declined to comment. Cansler said Rivera "is harder on himself than any of us are." He said Rivera extends his apologies to Thomas. The police suspended the drug search at the time of the shooting, but returned later that night to find a small amount of marijuana, cocaine and drug paraphernalia in the home, Cansler said in April. Cansler said Johnny Burris Bryant Jr., 18, who lived at the Fox Street home, was charged then with possession with intent to sell and deliver cocaine and with maintaining a dwelling with the purpose of sale of a controlled substance. The case is pending. - --- MAP posted-by: Don Beck