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Bear Paw – The N.C. State Bureau of Investigation has completed its investigation into a SWAT raid that left an unarmed Lower Bear Paw Road resident critically wounded as he attempted to surrender.
According to published reports, the case is in the hands of a special prosecutor, who is reviewing the report.
Details have not been made public.
“Finally, maybe some justice is on the way,” J. Harley Kloepfer, who was wounded in the Dec. 13, 2022, SWAT raid, said on his Facebook page.
The Cherokee County Sheriff’s Office requested the Cherokee Tribal Police SWAT team after receiving a 911 call from a neighbor who reporting that Kloepfer, 41, was shooting a gun and fireworks. The caller heard a man and woman arguing.
After surrounding the house and claiming that its occupants did not respond to demands that they come out, the SWAT team sent a drone into the building. Over a loud speaker, law enforcement demanded that Kloepfer come out with his hands up.
He complied, but as he opened the door, three SWAT team members – who later claimed that they mistook the drone he was holding as a weapon – opened fire, severely wounding Kloepfer but missing his wife.
Felony charges filed against Kloepfer were dismissed on March 1. District Attorney Ashley Welch’s office said the charge of communicating threats was dismissed “at the request of the prosecuting witness” and the charge of resisting a public officer was dismissed “upon prosecutorial discretion and the charging document does not list the type of orders given and under what circumstances that this would be a duty of their office.” Welch has recused her office from handing the case, saying they could be called as witnesses.
On Jan. 18, Kloepfer posted on Facebook a video of the raid taken by a surveillance camera installed inside his camper that showed him being awakened by a SWAT drone, picking up the drone and opening his front door in an apparent attempt to comply with the orders.
The video clearly shows that the initial release issued Dec. 13, which stated, “The suspected shooter engaged in a verbal altercation with officers and emerged from a camper trailer and confronted officers,” was debatably inaccurate.
Kloepfer has filed a federal lawsuit against various agencies and individuals involved in the incident. That case is ongoing.