A special prosecutor cleared a Spotsylvania County Sheriff’s Office deputy of any wrongdoing in relation to the shooting death of a Marine Corps veteran and Army reservist inside his home on June 30.
Fauquier County Commonwealth’s Attorney Scott Hook, who was assigned the case by Chief Judge of the 15th Judicial Circuit Victoria Willis, ruled that Spotsylvania Sheriff’s Office Lt. Daniel Harris — an 18-year veteran and the son of Spotsylvania Sheriff Roger Harris — was justified when he fired a single shot through a basement window killing 38-year-old Kenny Carr.
When the sheriff’s office announced the shooting this past summer, it alleged Carr was holding a weapon and threatening to shoot his wife, Devin Carr. Hook’s investigation found those claims to be truthful. An internal investigation also cleared Harris of violating any department policies and procedures.
Still, Devin Carr lamented that the shooting was without warning and mourned the death of her husband of 17 years, who she said battled Post-Traumatic Stress Disorder stemming from a tour of duty in Iraq.
Hook stated that Virginia law requires a warning that the officer will use deadly force if feasible. However, he ruled that it was not realistic for Harris to issue a warning because he had “mere seconds to assess the situation before being compelled to fire.”
“Upon review of the facts, it was not feasible to give a warning to Mr. Carr without further endangering Mrs. Carr,” Hook wrote.
Harris was placed on administrative leave immediately after the incident and the investigation was turned over to the Virginia State Police. He returned to full duty following Hook’s ruling, which was issued Sept. 17 and made public Tuesday.
Devin Carr told the Free Press Tuesday that she expected the outcome of the investigation. She referred any other questions to her attorneys.
“I figured that’s what was going to be done anyway,” Carr said of Harris being cleared. “I’m just letting my attorneys deal with it.”
According to Hook’s investigation, a 911 call was made at 3:16 a.m. on the morning of June 30. The caller stated that Kenny Carr was drunk and pointing a gun at Devin Carr.
The caller repeated themselves several times at the request of the 911 operator. They went on to inform the operator that the couple was in the basement, and that Devin Carr was saying her husband was drunk and trying to shoot her.
“I heard some yelling,” the caller reportedly said. “[Kenny Carr’s] saying she’s dead or something. He’s about to kill her or something.”
The call lasted approximately 22 minutes. The caller provided the operator with the layout of the basement and confirmed there was no outside entrance. They noted that opening an upstairs door would trigger an alarm and they were afraid to do so. The caller and a friend left the residence safely.
Kenny Carr (right) was shot and killed by a Spotsylvania County deputy June 30. (photo courtesy of Devin Carr)
At approximately 3:35 a.m. Spotsylvania Sheriff’s Office 1st Sgt. Fred Payne arrived at the scene and canvassed the home and was able to see through a “well-style” basement window. He noticed a man in an orange shirt motioning and pointing at someone. He could not see Devin Carr because she was obstructed from view.
When Kenny Carr rotated, Payne noticed a firearm. He immediately notified dispatch and retreated to the front of the home to attempt to get the children out of the house.
Harris arrived as Payne was coming to the front of the house. He went to the side of the home where the basement window was located and laid on the ground to see through the window. Harris saw Kenny Carr with the gun, arguing with his wife who was on her knees with her hands in the air. The investigation states that Kenny Carr’s weapon was in the “low ready” position and pointed at Devin Carr.
Kenny Carr briefly left the room after the doorbell rang and then returned more agitated. He raised his gun to eye level and was in a shooting stance.
“It was clear to Mr. Harris that Mrs. Carr’s demeanor had changed,” Hook wrote. “Mrs. Carr began cowering further and was now actively pleading for her life. As Mr. Carr approached Mrs. Carr and crossed into Lt. Harris’ line of sight, Lt. Harris fired his service rifle once.”
The bullet struck Kenny Carr on the side of his head, and he dropped to the basement floor.
Payne and Harris then entered the home, escorted Devin Carr out and began performing life-saving measures on Kenny Carr, but he was pronounced dead at the scene.
Detective Justin Basil interviewed Devin Carr an hour after the incident. She informed him that she and her husband went out to dinner earlier in the evening, but he had become agitated and later drove to Richmond for the rest of the night. He returned home at 2:30 a.m., appeared to be under the influence and reignited their discussion from earlier in the evening. He eventually became physical and told her she “is going to learn today” and later threatened to kill her.
Kenny Carr went to get his gun, and she retreated to the basement. Devin Carr told Detective Basil that Kenny Carr found her and dragged her through the basement. She said he was not the same person, and she could not see her husband in his eyes. She said to Basil that Kenny Carr told her that although her hands were raised and she was pleading for her life, the bullets would go through her hands and not protect her.
“She put her hands down and tried to look in his eyes, but he was so far gone,” Hook’s report states. “Mr. Carr began to pull the trigger; a shot was heard and Mr. Carr dropped to the ground. Mrs. Carr could not figure out how he had shot himself while the gun was pointed at her.”
At that point, it became clear to Basil that Devin Carr was not aware a deputy had shot her husband.
Hook’s ruling mentions use of force standards in Virginia that allow for discretion when reviewing incidents. State law requires that the officer reasonably believes that deadly force is immediately necessary to protect an officer or another person.
“In this immediate situation, the facts known to the officer were that Kenneth Carr was drunk, agitated and had threatened at least once to kill his wife,” Hook’s report states. “The officer visibly observed Mr. Carr raise his pistol and assume a shooting stance. I find it reasonable to believe Mrs. Carr was in immediate danger and was entitled to protection.”
Hook goes on to note that state law requires all other options to be exhausted before the use of deadly force. He said that Harris was presented with an armed individual who was about to shoot his victim and there were no other options to take. Hook said that shots to other less fatal portions of the body do not prevent someone from killing a hostage.
“I find the shooting was justified based on the totality of the circumstances,” Hook wrote. “Lt. Harris was presented with an armed man who was aiming his pistol at a potential victim and the armed man broadcasted that he was about to kill the victim. Lt. Harris’ actions were reasonable, and no lesser action would have prevented the death of an innocent person.”
