CMPD officer testifies in deadly shooting case: 'I can't wait when it's dark'

CHARLOTTE, N.C. — A Charlotte-Mecklenburg police officer who shot and killed a man five years ago testified Tuesday before a jury at the courthouse.

The district attorney ruled the shooting of Spencer Mims was justified but the victim's family is suing the city.

Police: Officer shoots, kills man who charged with box cutter

Attorneys grilled officers about whether they failed to follow protocol.

Family suing city of Charlotte for wrongful death 

Mims' nephew took the stand and described the hurt and anger he felt when he learned not only that his uncle was dead, but how he died.

“I was just absolutely floored and devastated that anything like that could happen to him,” the nephew said.

Officer Jeremy Donaldson said that when he arrived at the home on Cooper Drive, Mims’ father said police had already removed two guns from the home and that Mims had a mental health issue.

Mims was holding a knife and Donaldson told him to drop it.

Mims refused the commands given by officers, so they used a Taser on him.

The family's attorneys questioned officers about how they are trained to use Tasers

“The probes come out with the wire,” CMPD Capt. Mike Campagna said. “If we get two on there, it makes a circuit of electricity then goes through the person’s body. So, it is required to check both probes.”

Campagna testified that officers are supposed to wait to see if the Taser had the proper effect.

Donaldson testified that he rushed in.

“Once (Officer) Whitlock fired the Taser, I moved in to cuff, yes,” Donaldson said.

He said that when he touched Mims, he realized the Taser hadn't worked.

When he backed off, Mims lunged at him, Donaldson said.

An attorney asked Donaldson why he had not waited as the training directed him.

“It was dark,” Donaldson said. “I can’t wait when it’s dark. I can’t see.”

The jury has heard from relatives and several officers who were on the scene or involved in use-of-force training.

Cox Media Group