Charlotte police officers will not be charged in fatal shootout with Kevin Boston; body cam released

Two Charlotte-Mecklenburg police officers, who got in a shootout with an armed robbery suspect, will not be charged, District Attorney Spencer Merriweather said Tuesday.

Kevin Boston died in the June 26 shooting. Agents with the State Bureau of Investigation said Boston fired six rounds from a revolver during the shootout with police, and officers fired their guns 11 times.

"A subject in an armed robbery who is displaying a firearm and not complying with officers’ commands remains a deadly threat. As such, Officer Torres and Meyer were entitled to use deadly force in self-defense when Officer Torres fired upon the decedent," Merriweather said in his letter Thursday.

The findings from the district attorney include new details about what happened that afternoon.

The officers told investigators they were responding to an armed robbery call at a Food Lion in Charlotte and found Boston, who fit the description of the suspect, walking down the sidewalk on Tuckaseegee Road, according to the SBI.

When officers asked to talk to him, Boston dropped two grocery bags and pulled out a gun, according to the report. He continued to hold the gun after officers told Boston to drop it, the report states.

The two police officers took cover behind a car, the DA said.

"As the decedent, who was still swinging the gun in his right hand, began to walk past Officer Torres, Officer Torres fired at the decedent," the DA said, referring to Boston.

"Despite being fired upon by Officer Torres, the decedent still did not drop his weapon. Instead, the decedent raised the gun and pointed it in the direction of the officers," the DA said. "Officer Torres continued to fire at the decedent. Officer Meyer then fired at the decedent, and the decedent returned fire, striking the front passenger side window of Officer Meyer’s vehicle, which was being used as cover by Officers Torres and Meyer."

An autopsy found Boston had been shot six times.

The DA's report includes SBI interviews with the officers who shot Boston and others who showed up on the scene, and reviewing video from the officers' body cameras.

"It is undisputed that Officers Torres and Meyer fired their service weapons. Round counts and spent casings recovered from the scene suggest Officer Torres fired his weapon 11 times, and Officer Meyer fired his weapon twice. It is similarly clear that the decedent fired his weapon at officers, striking the vehicles that the officers were using as cover," Merriweather said in his conclusion.

"No available evidence in this case would enable the State to prove to a jury beyond a reasonable doubt that Officers Meyer and Torres did not act in defense of themselves or another," the DA said.