3 children in backseat of car when deputy shot driver in Monroe, grandmother says

MONROE, N.C. — A woman told Channel 9 her three grandchildren were inside of a car when a Union County deputy shot the driver March 15 at a Monroe gas station.

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According to authorities, deputies tried to pull over a car during a drug investigation but the driver didn’t stop. A woman and three children were inside the vehicle at the time, deputies said.

The driver then struck three undercover vehicles from the sheriff’s office, authorities said.

That was when a deputy shot the driver at the Lucky Food gas station on Walkup Avenue at Macintyre Street, investigators said.

The driver, later identified as 30-year-old Malcolm Staton, was taken to a hospital for his injuries. He died two days later.

The woman and children in the suspect’s car were medically evaluated and either refused treatment or were not hurt, according to deputies.

No deputies were hurt, the sheriff’s office said.

VIDEO: Memorial held for Staton outside Sunny Food mart

Memorial held for man shot, killed by police outside Monroe food mart

On Thursday night, family members and friends went to the Sunny Food mart to remember Staton.

“I don’t know how to feel,” his mother J’on Staton said. “It, somewhat, seems unreal, like a dream I just don’t think I’ll ever wake up from.”

She doesn’t understand why police shot at the car with his girlfriend and three children inside.

“They shot into an occupied vehicle,” J’on Staton said. “They knew people were in it. Why shoot? Why not shoot at the tires?”

Those who were at the memorial said they want justice.

“He will have justice,” friend Tiyona Tyson said. “I don’t know how, whoever did this, can lay down at night and sleep.”

VIDEO: Family has more questions after viewing some surveillance footage

Family has more questions after viewing some surveillance footage before deadly shooting

“My concern as a grandmother is, did we do the appropriate thing, shooting into a car with my grandchildren in the car? That’s what my concern is,” said Cindy Hailey soon after the shooting.

She said her grandkids, Khymeir, 1, Londyn, 2, and Greyson, 4, were riding in the car with their mom and their father, Staton, when the shooting happened.

The grandmother said her daughter got some surveillance videos from the Sunny Food store on the night of that shooting.

Haily showed reporter Tina Terry Tuesday the video that led up to the shooting, but did not release it to Channel 9.

The video showed four different cameras. Staton could be seen inside the store buying something.

A camera outside the store showed the car where his girlfriend and three young children were waiting for him.

“When he goes outside, an undercover car pulls up right here, gets out of the car and then he (Malcolm) goes into reverse and as soon as he pulls into reverse, a car pulls right behind him,” Hailey told Terry.

The police cars in the video appeared to be unmarked with flashing lights.

Terry said it was difficult to make out if Staton hit any of the patrol cars. However, it’s clear Staton tried to pull away from them as they approach him from various directions.

“So he goes forward intentionally, missing the silver undercover car,” Hailey told Terry as they watched the video. “He does not hit him. He is trying his best, and I don’t believe he hit it. He intentionally went all the way around to miss it, went forward in a drive motion and then a car went right in front of him, cut him off. He reversed again.”

The video ends before the deadly confrontation.

Hailey said watching the video only reinforced her need for answers.

“Was deadly force necessary in this?” she said. “Could it have been handled another way being that there, was an entire family in that car?”

Last week, Terry asked the Union County Sheriff’s Office if the deputy involved was aware the children and their mother were in the car before he fired those shots.

“At this point, we do not know whether the deputy involved was aware that the vehicle was occupied by children when the shooting occurred,” an official with the sheriff’s office said. “An internal investigation concerning the use of force during this incident will be conducted.”

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Deputies also said the State Bureau of Investigations was asked to take the lead in this case and they would conduct all interviews and fact gathering.

“I’m just here as a grandmother,” Hailey said last week.

She is hoping state investigators will be able to answer her questions and that if rules were broken, the officer will be held accountable.

“You had to shoot over my children’s heads to shoot somebody that was trying to run,” she said.

No further information has been released.

The SBI said when the investigation is complete, it will hand their findings over to the district attorney, who will make a decision about any charges.

Return to this story for updates.

(Watch the video below: Troopers: 1 dead, child hurt in single-car crash on Monroe Expressway)

Troopers: 1 dead, child hurt in single-car crash on Monroe Expressway

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