Suspect gained control of Durham officer’s gun before being fatally shot, DA says

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DURHAM, N.C. (WNCN) – No charges will be filed in a Durham police shooting that left a 30-year-old man dead on March 30, the Durham County District Attorney announced Friday. 

Around 5 a.m., police responded to a domestic incident at a home on Bevel Court.

Police said they found Ondrae Levado Hutchinson, 30, and a woman involved in an argument and that turned physical. 

A report released by Durham County District Attorney Satanna Deberry said by the time the woman called 911, Hutchinson had “crashed a television over his own head” and thrown things at the woman. 

Two Durham police officers arrived at the scene to find Hutchinson acting erratic and refusing to cooperate with the officers. 

Officer R.E. Jimenez responded to the officers’ request for back up – which was made in a “distressed tone,” Deberry said. 

When Jimenez arrived at 9 Bevel Ct., he witnessed the two officers in a struggle with Hutchison.

Jimenez also saw Hutchinson grip an officer’s gun. 

Jimenez gave Hutchinson repeated commands to let go of the weapon. Jimenez even warned Hutchinson he would shoot him if he didn’t comply, Deberry said. 

A Taser was then used with no effect on Hutchinson. 

After the Taser failed to subdue Hutchinson, Jimenez saw Hutchinson gain control of one of the officer’s gun. 

Jimenez then fired his gun “multiple times”  – killing Hutchinson, Deberry said. 

The district attorney said Jimenez was justified in his use of deadly force as Hutchinson posed an imminent deadly threat to the officers. 

Jimenez joined the force in February 2015.

All four are assigned to the patrol bureau, police said.

Deberry’s announcement comes following an investigation by the SBI that looked at bodycam footage, 911 calls, police radio transmissions, autopsy information, and other factors. 

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