STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE EIGHTEENTH PROSECUTORIAL DISTRICT J.DOUGLAS HENDERSON P.0. BOX 10769 DISTRICT ATTORNEY GREENSBORO, NC 27404-0769 ‘TELEPHONE: (336) 574-4313 Chief Wayne Scott October 15, 2018 Greensboro Police Department 100 East Police Plaza Greensboro, North Carolina 27401 Re: Death of Marcus Deon Smith Police Activity Number 2018-0908-017 Chief Scott, Last week | met with Assistant Special Agent in Charge Eric Frey with the State Bureau of Investigation, the lead investigator in the above referenced incident. He shared with me the extent of his findings to date, including video footage from body worn cameras of the circumstances on September 8, 2018 involving primarily officers L.A. Andrews, A.G. Lewis, R.R. Duncan and J.C. Payne. Itis my understanding that consistent with departmental protocol, these named officers were placed on administrative duty pending any preliminary findings.Based on the information available, and pending the completion of the investigation by the SBI, there is no evidence of any criminal liability on the part of the named officers. The officers actions were appropriate under North Carolina General Statute § 122c-251(e) involving reasonable force to restrain an individual subject to involuntary commitment. Based on the information provided to date, the officers acted at all times within the scope of their duties and with justification under all applicable laws. ‘Submitted by: Assistant District Attomey