No Charges Filed in Rankin Avenue Shooting Following Investigation

Asheville --  Press Release Asheville Police Department: Following a thorough investigation by the Asheville Police Department and in consultation with the Buncombe County District Attorney’s Office, it has been determined that no charges will be filed in the Rankin Avenue shooting incident. We are providing a summary of the facts and circumstances that led up to this determination.

APD Detectives reviewed a significant amount of physical and digital evidence, as well as conducted an extensive series of interviews with victims and witnesses in the hours and days following the incident. 

The investigation shows that the incident began when the bouncer of a local nightclub saw two men, one of whom was Mr. Porras, harassing a group of women and denied those men entry into the club. Porras’ friend argued with the bouncer, and that argument became physical. A patron of the club came to the aid of the bouncer and prevented Porras from assaulting the bouncer, as well as attempting to de-escalate the situation. Porras was heard by witnesses to say that he was going to get a gun from his car and left the scene. Porras then returned to the scene with a gun in his hand. After a scuffle, the patron drew a gun and both he and Porras began firing at each other. Several people were struck, including Porras, fatally. 

The patron left the scene but voluntarily turned himself in to the police and has cooperated in all facets of the investigation. Forensic Technicians recovered multiple shell casings while processing the scene. 

Upon careful review of the evidence, North Carolina law dictates that a person may use deadly force if they reasonably believe it is necessary to save themselves from death or serious bodily injury, provided they were not the aggressor.* The evidence indicates that the patron was not the aggressor and acted to defend himself during a rapidly escalating and dangerous situation.

Both firearms used during the shooting have been recovered. This terrible incident underscores the danger of mixing guns and alcohol. While the investigation determined the use of force was legally justified under the circumstances, the outcome is a profound loss of life. Mr. Porras’ death is a tragedy. We believe that all life is precious and no individual deserves to die. This unfortunate event is a stark reminder of how quickly situations can escalate when people make rash decisions involving firearms, leading to irreversible, heartbreaking, and lasting consequences for all involved.

*§ 14-51.3. Use of force in defense of person; relief from criminal or civil liability.
(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
(2) Under the circumstances permitted pursuant to G.S. 14-51.2.
(b) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties. (2011-268, s. 1.)

Image: WNCTime