A trooper with the North Carolina Highway Patrol has been cleared of any wrongdoing in regard to a shooting that occurred in early November 2008.

Sgt. D.D. Dawson, a veteran of the NCHP, will not face criminal prosecution in connection with the shooting, according to information released by the District Attorney’s Office after receiving investigative findings from the State Bureau of Investigation. The NCHP’s internal investigation of Dawson’s discharge of a weapon while on duty also cleared the trooper.

Dawson received a letter from the 25th Prosecutorial District Attorney’s Office notifying him of the outcome of the SBI’s investigation. In it, Chief Assistant District Attorney Eric Bellas wrote that after reviewing the case file, there was no evidence of criminal conduct by the trooper from the incident that happened more than nine months ago.

“I knew the night of the incident I had followed procedure,” Dawson said. “I’m glad to know that the SBI has done a thorough investigation and the District Attorney’s Office is not quick to exonerate. The outcome of the investigation I knew would take care of itself in time. Even though I knew in my mind I had followed procedure, it feels good to have someone else tell you that you did the right thing and that there was no special consideration given based on my position.”

Dawson fired three shots into a Chevrolet Malibu in the early-morning hours of Nov. 2, 2008, when a suspect failed to comply with verbal requests and made a movement the trooper thought to be threatening.

The driver of the car, 24-year-old Christopher Derek McNeely, was not struck by any of the bullets fired from Dawson’s SigSauer .357 pistol.

“Derek felt threatened for his own life because the violator would not respond to his commands,” NCHP First Sgt. V.A. Misenheimer said. “(McNeely) made an action that Derek deemed as a threat to him.

“We don’t want our troopers to have to draw their weapons, but these high-risk situations can result in a display of them. Situations like this are occurring more and more. We’re just glad to have this case behind us.”

Dawson added, “The actions I took were consistent with my training and done in defense of my own personal safety.”

The incident came about as a result of a traffic violation.

According to reports from the Highway Patrol, McNeely failed to stop at a stop sign at the intersection of Eastview Street and U.S. 321-A near the town limits of Hudson and Sawmills. Dawson attempted to initiate a stop by engaging his vehicle’s emergency equipment, but McNeely did not respond. Instead, he turned left onto U.S. 321-A, made another left onto Mission Road and turned left again onto Baird Drive before coming to a stop.

Dawson made several requests that McNeely did not follow, and the trooper interpreted movement made by the suspect inside the vehicle as a threat and opened fire. Dawson was able to keep cover on McNeely until troopers R.A. Annas and K.W. Milligan arrived to take him into custody.

Another subject in the vehicle, Matthew Rose, got out of the car and fled on foot but was located a short distance away by K-9 units from Lenoir Police Department and the Caldwell County Sheriff’s Office.

McNeely has served jail time for numerous offenses, including larceny, breaking and entering. He also has been involved in a couple of other chases that led to charges of driving while impaired since last year’s incident.

Dawson has continued to work since the shooting. Misenheimer said protocol requires a trooper to be placed on leave following a shooting only when a suspect has been struck. In this case, McNeely was not harmed, and Dawson continued with his supervisory and patrol duties.

Dawson said he spoke with McNeely after the incident and told me he would not have opened fire if his commands had been obeyed.

“I’m alive, and in this case, the suspect is also alive. I’m very thankful for that,” he said. “If you ask me if I would do things differently, the answer is ‘No.’ If I change my methods, that means they were wrong. I acted accordingly based on my training.”

Dawson said he never was concerned about the length of the investigation, noting support he received from friends, family, church members and co-workers.

“Their support and understanding helped me get through this,” Dawson said. “The good Lord has truly blessed me. Through His strength I’ve been able to cope. I give credit to God, friends, family and co-workers — all those people who have been there for me.”

Misenheimer said he is hopeful such incidents do not become the norm for troopers or other law enforcement officers.

“I wish all our guys could go their entire careers without displaying their weapons, but it’s apparent with what has happened with the Sheriff’s Office the last year (five officers shot, one fatally wounded) that we live in a very violent society,” Misenheimer said. “The threat to law enforcement officers is not going away; situations like this can occur at any time. We just hope no one gets hurt when they do.”