The Associated Press
BURLINGTON, N.C. (AP) - A Burlington police officer acted in self-defense when he shot a motorist to death after the man pulled a gun on him during a traffic stop, District Attorney Rob Johnson said Tuesday.
The decision allows Sgt. Todd Saunders to return to patrol duty, Police Chief Mike Gauldin said. Saunders has been on paid administrative leave since the shooting of David Keith Baker of Greensboro on July 5.
“It was by his own misconduct that (Baker) brought this on himself,” Johnson said. “It well could have been Sgt. Saunders who lost his life and I would be trying David Keith Baker for murder.”
Tina Mercado, the mother of Baker’s two sons, said his poor hearing played a part in the shooting.
Johnson found that Saunders acted appropriately by talking to Baker and communicating with him through gestures after the traffic stop.
Baker was driving on the wrong side of the road and had a blood-alcohol content of .27, more than three times the legal limit for drivers when he was stopped, Johnson said.
Saunders told Baker to get on the ground and then motioned for him to get down after a passenger in the stopped car said Baker was deaf. Baker didn’t cooperate, and Saunders used pepper spray and hit him with a police baton, Johnson said.
Baker pulled out a pistol and raised it toward Saunders, who attempted to swat away Baker’s pistol, then backed away while firing his gun.
An autopsy found Baker had four gunshot wounds.