DA: Burke County deputy 'acted lawfully' in fatal shooting

- A deputy who shot and killed a man carrying a realistic CO2 pistol during a domestic dispute this week in Burke County acted lawfully, according to the district attorney's office.

The shooting happened Monday, August 21 on Prichard Avenue in Morganton. According to the Burke County Sheriff's Office, 42-year-old Jeffrey Jacobs was involved in a domestic dispute with his wife in the front years of their mobile home armed with what appeared to be a large handgun. The deputy demanded more than 30 times that Jacobs drop the gun before Jacobs ultimately pointed the weapon at the deputy. The deputy fired a shot, striking Jacobs in the chest, killing him. 

Related: Deputy fatal shoots man carrying 'realistic-looking' CO2 pistol

"The law of North Carolina recognizes the principle of self-defense, which is the inherent right to use deadly force to protect one’s self or others from death or great bodily harm, which was exactly what the Deputy reasonably believed under circumstances that were tense, uncertain and rapidly evolving," according to a release from the Burke County District Attorney's office.

Investigators later determined that the gun Jacobs was holding was actually a realistic looking CO2 pellet gun. Preliminary toxicology reports indicate that Jacobs had methamphetamine in his system along with alcohol. 

"Based upon applicable law and the facts as reported by eyewitness accounts, corroborated by the photographs and other physical evidence, it is my conclusion that the Burke County Sheriff’s Deputy acted lawfully in shooting Mr. Jacobs on August 21, 2017."

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