74-Year-Old Veteran Shot Dead By Cops After Family Asks Police To Check In On Him After Surgery

Allen's Residence via Google.
Allen’s Residence via Google.

A 74-year-old man, James Howard Allen, was shot and killed by a police officer late Saturday evening at his home in Gastonia, NC.

The Gastonia Police Department was responding to a call that started with a concerned relative of Allen’s. Gastonia police Chief Robert Helton stated at a press conference that police and medical personnel regularly conduct these types of visits, known as welfare checks, upon request. But this welfare check was done at midnight.

Allen, an Army Korean War veteran, had heart surgery last week, his sister, Mary Battle told WSOC-TV. “I am so hurt that he had to die like this,” she told the station. “Maybe the police were frightened. Maybe they were. I don’t know. But he wouldn’t hurt a fly.”

According to the Charlotte Observer, an officer first arrived at the address at 10:20 p.m. and when no one answered the door, the officer left. Then, Anson County authorities requested a check of local hospitals at 11:08 p.m., which Gaston county authorities reported that they were unable to locate Allen.

According to WSOC, Allen’s neighbor, Gene Clark had told police officers that Allen was hard of hearing and he had not seen him since the day before.

At 11:30 p.m., Gastonia police officers requested assistance from the Gastonia Fire Department and Gaston Emergency Medical Services to check on Allen’s house again, police said.

“A decision was made to enter the house, concerned that he may be inside in need of emergency assistance,” Helton said.

The Fire Department helped enter through the back door of the house, and Gastonia police Officer Josh Lefevers announced his presence, Helton said.

When officers entered, they found Allen holding a handgun and pointing it toward the officers, Helton said. “He was challenged to lower the gun down,” Helton said. “The gun was pointed in the direction of the officers, and a shot was fired that fatally wounded him.”

NC COP JOSH LEFEVERS
Gaston Officer, Josh Lefevers who fatally shot Allen

The officer who shot and killed Allen has been identified as Officer Josh Lefevers. Lefevers was hired by the police department on August 6, 2012, serving the Patrol Division.

Court documents said police recovered three shell casings from the home, along with a .22-caliber revolver.

“(He) probably woke up, someone’s breaking in on me, so when you’re by yourself you try to protect yourself,” Allen’s brother-in-law, Robert Battle, told WSOC.

Otis Thompson, a friend of Allen’s, said that his first reaction would have been to “grab a gun too.”

Scott Maclatchie is a Charlotte attorney and a veteran Los Angeles police officer said when it comes to conducting welfare checks, the law in North Carolina is clear.

‘The law is very clear that a law enforcement officer may use deadly force to defend himself when they’re confronted with what appears to be an eminent threat,’ said Maclatchie,

‘It’s the officer’s job to use force to get inside the home, if they’ve made every effort to get the person to come to the door’, he said.

“You kicked the man’s door in,” a friend of Allen’s, Otis Thompson told WSOC. “He’s disoriented and he’s in his own house, privacy of his own home.”

“There should have been a better way to handle this,” Mary Battle told reporters. “Something else could have been done. I’m so mad; I’m hurt. I’m hurt.”

Lefevers has been placed on paid administrative leave pending an internal investigation by Gastonia Police and an investigation by the SBI. Once the investigations are complete, the SBI will present the findings to the Gaston County District Attorney, according to the Gaston Gazzette

Video below from WSOC, broadcast Feb. 9, 2015.

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