CONCORD, N.C. — The Cabarrus County district attorney told Channel 9′s Allison Latos Wednesday that no charges will be filed against the police officer who shot and killed a man at a car dealership earlier this year in Concord.
In February, Brandon Combs, 29, was fatally shot by Concord police officer Timothy Larson at the Nissan dealership along Concord Parkway, according to authorities. Investigators said Larson found Combs trying to steal a car at the dealership. Larson and Combs then got into a fight before the shooting, officials said.
After the State Bureau of Investigation finished its investigation, the case was handed over to the district attorney to decide if charges would be filed.
On Aug. 25, the City of Concord released the police body camera footage from the deadly shooting to Channel 9′s Glenn Counts. Channel 9 filed the original petition to get the video footage, and it was released exclusively to WSOC-TV before being made available to the public weeks later on Sept. 8.
>>Video clips can be watched in the video at the top of this webpage. Viewer discretion is advised.
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District Attorney Roxann Vaneekhoven said she repeatedly reviewed Larson’s body camera video that showed the encounter with Combs -- an interaction that spanned 90 seconds before the shooting.
Vaneekhoven said Combs tried to steal a truck from the dealership and repeatedly ignored Larson’s police commands. The DA said Combs then ran from that truck and got into Larson’s running patrol SUV.
“Combs failed to comply with 15 different verbal commands. Officer Larson used every tool he was trained to use, from verbal commands, his taser, his ASP baton, and didn’t fire his duty weapon until he had no other choice,” Vaneekhoven said.
The district attorney said that while Combs was in the patrol vehicle, there was an assault rifle that belonged to Larson within Combs’ reach.
Combs then revved the patrol car’s engine and that was when Larson fired shots, according to Vaneekhoven. The DA said Larson feared he might be run over.
“Officer Larson immediately heard Combs rev the police SUV engine and feared that Combs was going to run him over. In response, Officer Larson fired into the vehicle in an effort to stop the threat,” according to the district attorney case review and findings.
Under North Carolina law, a person is justified in the use of deadly force if they “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.”
“After a thorough review of the facts of this case, and the law that would apply to these facts, the evidence showed that Officer Larson did not utilize excessive force when he fired his weapon into the fully revved police SUV that was pointed at him a few feet away, that Brandon Combs was attempting to steal,” the district attorney case review and findings said.
Attorneys for the Combs family released a statement saying the district attorney didn’t care about the facts and her decision to not file charges was wrong.
“District Attorney Vaneekhoven thinks that kind of brutality, disregard for human life and contempt for the rule of law is just fine if you wear a badge,” the statement said in part.
Concord Police Chief Gary Gacek offered condolences to the Combs family and said he respects the DA’s decision to not charge Larson. Gacek fired Larson after an internal investigation of the shooting.
“Police officers have a difficult job and ensuring they have the trust of the community is one of the most important ones,” his statement said in part. “We’ll continue to work each day to serve and protect our community in every way possible.”
(Watch more Channel 9 coverage below: Police officer who shot, killed man at Concord dealership won’t face charges, DA says)
Statement from Concord Police Chief Gary Gacek:
“This tragedy has caused enormous grief for the Combs’ family, and we continue to extend our deepest condolences to them. Immediately after the officer-involved shooting, I requested an independent investigation by the North Carolina State Bureau of Investigation to ensure confidence in the investigation throughout the community. Asking for an outside review is not required by law but it’s the right thing to do.
“I respect the independent investigation and the separate independent decision today by the District Attorney to not bring charges against former officer Timothy Larson.
“Outside of the independent investigation, the police department conducted our own personnel review of former officer Larson. That review concluded that he repeatedly made false statements, and he refused to cooperate with our review. Because I hold our officers to the highest standards, I fired him for that.
“Police officers have a difficult job and ensuring they have the trust of the community is one of the most important ones. We’ll continue to work each day to serve and protect our community in every way possible.”
>> Click here to read the full case review from the district attorney.
Vaneekhoven’s analysis is far different from the view Combs’ mother and her attorneys have told Channel 9 for months. Combs’ mother has claimed there was no fight before the shooting.
“Inhumane -- I can use any description I think of to (describe) what this was,” civil rights attorney Harry Danials has told Channel 9.
Earlier in August, an autopsy report later obtained by Channel 9 confirmed Combs’ death as a homicide due to gunshot wounds.
“The succession of shots happened very quickly. Five shots, two to three seconds’ pause and the 6th shot. The only reason there was a pause was because Officer Larson was calling in, ‘Shots fired, shots fired,’” Vaneekhoven said. “The 6th shot doesn’t alter the fact in that moment when Larson fired the first shot, his life was in imminent danger, and had Combs gotten that vehicle in gear, he would have been run over.”
In June, Channel 9 learned that the Concord Police Department had fired Larson, citing “violation of company policies or procedures.” According to Larson’s notice of dismissal, Larson made untruthful statements during his interview with the SBI.
Months later, Combs’ family filed a wrongful-death lawsuit against Larson and the City of Concord.
According to the lawsuit, Combs got out of his car and went to Larson’s patrol car and got inside the driver’s seat. Larson was standing near the passenger side of the patrol vehicle, and that’s when Larson fired five shots, called dispatch and fired one more shot, the family’s attorney said. The lawsuit claims Larson did not render first aid to Combs after shooting him.
Channel 9 has petitioned the court to get a copy of the body camera video, because state law doesn’t allow for police departments to release video otherwise.
Statement from Larson’s attorney:
“Mr. Larson was apprised today of the decision of the Cabarrus County District Attorney’s Office not to pursue criminal charges against him with respect to his employment on February 13, 2022. We understand the attention that Ms. Vaneekhoven and her staff have placed on this matter and appreciate how thorough all involved have been in the investigation.
While Tim is relieved that this aspect of the justice system is concluded, he’ll forever be affected by the tragic events of that morning earlier this year. Our thoughts are with the family and friends of Brandon Combs as they navigate the grieving process.”
Statement from the attorney representing Combs’ family:
“Of course we’re disappointed. But we’re not surprised. We saw the same willingness to ignore the facts and the law during the Andrew Brown case and we’re seeing it here.
“It’s clear that District Attorney Vaneekhoven doesn’t care about the facts. She doesn’t care that Officer Larson shot Brandon Combs four times, paused to call it in, and then shot him again just to make sure he was dead. She doesn’t care that a medical examiner’s office investigation ruled Brandon’s death a homicide. She doesn’t care that Brandon was unarmed or the fact that body camera video shows that Larson was never in the path of the vehicle which means , according to the law, he was in no danger. She doesn’t even care that Officer Larson lied to the agents investigating this shooting.
“District Attorney Vaneekhoven thinks that kind of brutality, disregard for human life and contempt for the rule of law is just fine if you wear a badge.”
(WATCH BELOW: Family of man killed by former Concord police officer files wrongful-death lawsuit)
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