No charges will be filed against a Johnston County deputy who shot and killed a Garner man who was reportedly experiencing a mental health crisis back in January.
According to Johnston County District Attorney Jason Waller's office, North Carolina State Bureau of Investigation agents were called to investigate after Johnston County deputy Derek Leagan shot and killed Antony Richardson while responding to a 911 call.
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Leagan no longer works for the sheriff's office, according to the DA.
The DA's office said Leagan's use of deadly force was justified as self-defense because he and other deputies "were confronted with an imminent threat of death or great bodily harm."
The shooting happened on Jan. 25, at a home on Madden Rose Loop south of Garner.
According to the DA's report, Richardson's wife, Dorleen Richardson, called 911 around 11:20 a.m. that day to report her husband had been in their garage for two days and was acting irrationally and making threats, saying he had a gun. Family members, including children, were inside the home at the time.
The report said Richardson shot the gun while his wife was talking with the 911 operator, saying the sound of a gunshot could be heard over the recording.
►Related: 911 call for help sheds light on Johnston Co. man's shooting by deputies
Several deputies responded to the home around 11:40 a.m. and were told Richardson was armed. They were also informed about the shooting heard over the 911 call.
When the first three deputies arrived, the DA's report said Richardson's wife opened the garage door. The deputies saw him sitting in a chair holding a handgun.
"The deputies took cover positions, and Leagan ordered Richardson to put the gun down more than 40 times over a period of more than two minutes," the report said.
The DA said Richardson did not comply and made threats about harming himself or others, reportedly shouting at deputies, "I'm going to kill somebody."
Deputies said Richardson eventually moved his firearm, which they said had been behind his back or side, to the front of his body. At that moment, Leagan shot at Richardson multiple times.
The DA's report said Richardson continued to hold the firearm as Leagan fired, saying Richardson then took three steps toward the deputy. Leagan fired one last time, hitting Richardson in the chest.
Deputies tried to perform life saving measures on Richardson but were not successful. He died at the scene, and no one else was hurt. Deputies said a loaded firearm was found close to his body.
"Based on the totality of the circumstances, the use of deadly force was justified under North Carolina law. No criminal charges will be filed against the involved deputies in connection with Richardson’s death," the DA's office said.
Deputies were told about Richardson's mental health
The DA's office said the incident was recorded from multiple angles from deputies' body cameras.
The report said investigators reviewed the footage and saw a gun fall out of Richardson's hand four seconds before Leagan fired the final shot that hit him.
"The evidence shows that both Leagan and the deputy closest to Richardson reasonably believed the firearm was still in Richardson’s hand as they continued to order him to put the gun down as he walked towards Leagan in a threatening manner," the DA said.
According to the report, the NCSBI said Richardson took the handgun he was holding from his wife's closet without her knowledge. Investigators said he had caused increasing concern among his family members after making threats to harm himself over several days.
They said he also threatened an acquaintance that he believed had wronged a family member in the days leading up to the shooting.
The DA's office said deputies were aware of Richardson's mental health circumstances when the call went out.
"The investigation considered the circumstances surrounding Richardson’s mental health, including assertions that he suffered from post-traumatic stress disorder (PTSD). The responding deputies were informed that the call involved a subject suffering from a mental health disorder. However, Richardson’s mental health issues did not eliminate the imminent threat of danger to others that was created by his possession and use of a firearm."District Attorney Jason Waller's office
Widow says she feels crisis response was botched
In an interview with WRAL a day after the shooting, Dorleen Richardson said she feels deputies mishandled his mental health crisis. She said no one tried to talk him down before they began shooting.
►Related Story: Wife of man fatally shot by Johnston deputies during crisis feels situation was botched
Richardson lit up while talking about the day she met her husband, Antony.
"He was a transit driver, and he had wrecked his car and he was catching the bus," Richardson said.
She said that was the start of a happy 21-year marriage.
"He was so reliable, you know ... and he was an excellent father," Richardson said.
Throughout their marriage, she said Antony struggled with PTSD. The weekend before the incident, she said he wasn’t acting like himself and wouldn’t leave the garage.
"When I opened the door, he just started screaming and hollering. Shut the door. MF, shut the door, and he's never, never called me anything but queen. That's it. So that was a big shock. I was like, 'Oh my God.'"
When he threatened to kill himself, she called 911.
"And I said, he's having a mental crisis, and he has PTSD and he has a gun," she said. "I need help."
Within 10 minutes, deputies arrived and asked her to open the garage door. The sheriff’s office said in a release that deputies told Richardson to drop his gun multiple times. That’s when his wife said the bullets that killed him came ripping through the walls.
"He needed some help," Richardson said. "I never thought in a million years that by calling them and then within 10 minutes he'll be dead."
Surrounded by holes left by bullets shot into her living room walls, Richardson's widow wishes things ended differently.
"I thought that they would arrest him and carry him to a mental hospital, because he needed to go to a mental hospital. He needed some help. I never thought in a million years that be calling them and then 10 minutes he'll be dead," she said.
Get Help
If you're having suicidal thoughts or a mental health crisis, call or text 988 or call the National Suicide Prevention Lifeline at 800-273-8255. Veterans can press “1” after dialing 988 to connect directly to the Veterans Crisis Lifeline. For texts, veterans should continue to text the Veterans Crisis Lifeline short code: 838255.