The Lexington Herald-Leader
Whitesburg, Ken. (AP) -- A Letcher County grand jury has declined to indict a state trooper who shot and killed an unarmed man during a drug deal in January.
The grand jury concluded on Wednesday that the “shooting and resulting death of James Alexander was a justifiable use of deadly force under the known facts and circumstances” before the shooting.
James E. Alexander, 62, of Roanoke, Va., was shot twice with an automatic rifle Jan. 14 by state police Sgt. Bobby Day during a drug investigation.
There were witness reports that Alexander was shot when he reached under his jacket for a cell phone, said Sgt. Phil Crumpton, a state police spokesman in Frankfort.
“You’re looking at a high-stress situation when someone is given a specific order and he makes an aggressive move that we feel is a threat to us,” Crumpton said. “That’s what these things narrow down to.”
Alexander’s family members and friends appeared upset after the grand jury’s decision.
“If they didn’t find any drugs on him or guns on him, how can they do that?” asked Alexander’s uncle, James L. Alexander, of Lebanon, Va.
Crumpton said Day is doing administrative duty and is expected to return to active duty soon.