Submitted 

SALISBURY  — In a press release issued late Monday, Rowan County District Attorney Brandy Cook said her office has determined a fatal shooting of a suspect by a Rowan County Sheriff’s deputy in May was justified.

On May 28, Kenneth Edward Vickers did not return to the Cabarrus County courtroom where he was on trial for felony sex offenses involving a child. Deputies were dispatched to locate him and caught up with him at an address on Old Concord Road here in Salisbury. During the course of trying to take Vickers into custody, Vickers was shot and killed.

In her release, Cook laid out the full details of her investigation, which were as follows:

“Pursuant to N.C.G.S. 7A–61, my office has reviewed the investigation surrounding the death of Mr. Kenneth Edward Vickers that occurred on May 28, 2024. The purpose of this review was to determine whether the conduct of Rowan County Sheriff’s Office deputies was unlawful. Agents with the North Carolina State Bureau of Investigation (“NCSBI“), an independent agency, conducted an investigation into this matter. 

Details of the investigation: 

On May 28, 2024; deputies with the Rowan County Sheriff’s Office were assisting the Cabarrus County Sheriff’s Office in locating Mr. Kenneth Edward Vickers. Mr. Vickers left a Cabarrus County Courtroom where he was being tried before a jury for felony statutory sex offenses and felony indecent liberties with a child offenses. The presiding judge issued an Order for Mr. Vickers‘ arrest when he did not return to court. 

The Cabarrus County Sheriff’s Office received information that Mr. Vickers may have ties to a residence on Old Concord Road in Salisbury. The Cabarrus County Sheriff’s Office coordinated with the Rowan County Sheriff’s Office to meet at this address to attempt to determine Mr. Vickers‘ whereabouts to serve the arrest warrant. 

A deputy (#1) stated that once she arrived at the residence, she walked around the back of her car and smelled the odor of cigarette smoke. The deputy stated that other deputies were making their way around the résidence and began knocking and announcing their presence at the front door. The deputy stated that she was wearing a standard–issue Rowan County Sheriff’s Office uniform. She stated that several minutes passed and no movement was observed at the residence. The deputy stated that she began checking the detached garage area, which was dark with low lighting and no windows. She stated that she observed a metal love seat and as she got to the left–hand side of the love seat, she immediately observed bare feet hanging out of a cover. She stated, “Hey, give me your hands!” The deputy stated that the person hiding under the cover was Mr. Vickers and that he (Mr. Vickers) raised the cover and immediately fired a shot at her with a gun. The deputy stated that she retreated backward and began returning fire at Mr. Vickers. She stated she was approximately five to six feet away from him. The deputy stated that she believed she shot Mr. Vickers in the neck but that he continued pointing the gun at her. She stated that she observed Mr. 

Vickers raise back up on his hip, trying to shoot, and that two other deputies began firing at Mr. Vickers. The deputy stated that she shot more than one time because the threat was still present as Mr. Vickers had already shot at her and was attempting to shoot again. 

A deputy (#2) stated that he was made aware that Mr. Vickers had active warrants for his arrest and the Cabarrus County Sheriff’s Office was trying to locate him to serve the warrants. The deputy was informed that Mr. Vickers was known to carry firearms and would likely be in possession of one. He stated that he was wearing his standard Sheriff’s Office uniform. He stated. that once he arrived at the residence another deputy began knocking on the front door. The deputy stated that other deputies began knocking on the windows and a side door. He stated that he heard another deputy say, “Hands, show me your hands!” from inside the garage. The deputy stated that law enforcement had been announcing their presence since arriving at the house. He stated that he heard a gunshot, then return fire. He stated that it was immediately apparent there was one fired shot and then another gun fired several shots. The deputy stated the gunshots were immediately after the other deputy had given commands. He stated that he then observed the other deputy firing while moving backward. He stated that he observed a white male, identified as Mr. Vickers, behind the couch (in the garage) trying to stand up. The deputy stated that he began firing his gun. He stated that as Mr. Vickers was trying to stand up, he fired again and believed another deputy was also firing at the same time. The deputy stated that he observed Mr. Vickers fall on his back. As the deputy moved closer to Mr. Vickers, who was now lying on his back, he observed a black semi–automatic handgun fall out of Mr. Vickers‘ hand. He stated that another deputy kicked Mr. Vickers‘ firearm away from him. The deputy stated that he believed there was an imminent threat of death or serious bodily injury to himself and the other deputies at the residence. 

A deputy (#3) stated that he received information that the Cabarrus County Sheriff’s Office was looking for Mr. Vickers, who had outstanding warrants for his arrest. He stated that he arrived at the residence on Old Concord Road and deputies knocked on the front and back doors, but no one came to the door. The deputy stated that he was wearing his standard–issue Rowan County Sheriff’s Office uniform. He stated that he identified himself as a member of the Sheriff’s Office throughout the process of knocking on the doors. He stated that as he was looking at a vehicle parked in the driveway of the residence, he heard another deputy say either, “Hands!” or “Show me your hands!” The deputy stated that he heard one distinctive shot, which was the first shot, that was different from the other shots. He stated that he immediately drew his gun and went to the garage. He stated that he observed Mr. Vickers pop up and that Mr. Vickers had a gun in his hand, at which time the deputy began shooting. He stated that he continued to shoot in order to eliminate the threat. The deputy stated that it was dark in the back of the garage but that he could see. He stated that he approached Mr. Vickers and observed a gun at Mr. Vickers‘ chest, and he kicked the gun away from him. He stated another deputy checked for Mr. Vickers‘ pulse and he did not have one. The deputy stated Mr. Vickers‘ gun was a black semi–automatic pistol. He stated that the magazine was out of the pistol, and he did not know when it came out (possibly when it was kicked it). The deputy stated that he shot more than one time until the threat stopped moving. 

A deputy (#4) stated that he was assisting in locating Mr. Vickers for service of active warrants. He stated that he was informed that Mr. Vickers had made statements that he did not want to go back to jail, and that Mr. Vickers was armed and dangerous. He stated that when he arrived at the residence, another deputy went to the front door and knocked and announced several times, “Sheriff’s Office” and no one came to the door. He stated that he heard another deputy yell, “Hands!” and then heard one gunshot, then return gunfire. He stated that he could see the rounds impacting a couch in the garage. The deputy stated that he observed Mr. Vickers with a black semi–automatic handgun on his hip and his hand was still moving. The deputy gave a command to Mr. Vickers to show his hands. The deputy stated that deputies returned fire. He stated that EMS confirmed Mr. Vickers was deceased. He stated that Mr. Vickers never provided the deputies an opportunity to arrest him without using force. 

A deputy (#5) stated that he heard a deputy say, “Show me your hands!” and then he heard a single gunshot before the other deputy returned fire. He stated it was dimly lit in the garage. The deputy stated as the shooting was happening, he observed Mr. Vickers in the back of the garage. He stated he observed a handgun magazine under a chair near Mr. Vickers. The deputy stated another deputy kicked the handgun (black semi–automatic) toward the wall. He stated he checked Mr. Vickers‘ pulse, and he did not have one. He stated that EMS arrived quickly and assessed Mr. Vickers. The deputy stated that Mr. Vickers would have heard the deputies‘ previous commands when they had been knocking on the front door of the residence. 

An EMS paramedic stated that when he arrived at the residence, he checked Mr. Vickers‘ pulse, was not able to locate one, and pronounced Mr. Vickers deceased. 

A witness (#6) stated that on May 24, 2024, she had received a phone call that Mr. Vickers had not shown up to court and she began looking for him but could not locate him. She stated that Mr. Vickers had told her that he would not spend the rest of his life in prison and that he would shoot himself. The witness stated that she knew Mr. Vickers had a black handgun and she believed Mr. Vickers would get the police to shoot him. 

A witness (#7) stated that Mr. Vickers had skipped court during his jury trial. He stated that Mr. Vickers was expecting a bad jury result and therefore ran. He stated that he knew Mr. Vickers had a handgun. The witness stated that he believed Mr. Vickers‘ death was the result of “suicide by cop.” 

Crime Scene Investigation: 

NCSBI agents noted that all sides of the detached carport were enclosed except the front side. Mr. Vickers was lying on the ground inside the carport behind a black chair with cushions, which was turned over. Located underneath Mr. Vickers‘ body was a holster. 

Agents located and collected the following items: 

A black Springfield XDS .45 ACP handgun, possessed by Mr. Vickers, with a projectile, was located at the back of the detached carport on the ground. 

A .45 live round from the chamber of Mr. Vickers‘ handgun, along with a magazine containing five live rounds was located in the detached carport. 

A spent .45 shell casing was located at the back of the detached carport on the ground. Multiple spent 9mm shell casings were recovered in various areas. 

An ATF search confirmed that the black Springfield XDS .45 ACP semi–automatic handgun, located in the detached carport, was purchased by Mr. Vickers in 2020. 

Medical Examiner: 

The medical examiner concluded that the cause of death for Mr. Vickers was multiple gunshot wounds. Toxicological testing of Mr. Vickers detected benzoylecgonine (a cocaine metabolite). 

Legal Standard Analysis: 

In general, a law enforcement officer, or any other person, is justified in using deadly force if the officer or person reasonably believed that he or another person was in imminent danger of great bodily injury or death from the actions of the person who is shot. It is lawful for an officer to take action before it is too late to repel a deadly attack. Under North Carolina law, the burden of proof is on the State to prove beyond a reasonable doubt that a person did not act in self–defense. 

Conclusion: 

Our office has a duty to objectively analyze the totality of the evidence and circumstances. Our office has reviewed the NCSBI investigation and consulted with the investigating SBI agents. 

Based upon the investigation, all of the credible, available, and believable evidence supports the conclusion that Mr. Vickers had an outstanding Order for his arrest based upon his failure to return to his jury trial at the Cabarrus County Courthouse. Once deputies arrived at the residence on Old Concord Road in Salisbury, they knocked and announced their presence multiple times. Based upon the location of the detached garage and where Mr. Vickers was hiding, the presence of law enforcement would have been known to Mr. Vickers. 

As a deputy began looking in the detached garage, it is clear that Mr. Vickers was armed with a loaded handgun while hiding underneath a covering and behind a love seat in order to conceal himself from law enforcement. Once he was discovered, Mr. Vickers, who had a handgun in his hand, shot at a deputy who then returned fire, along with other deputies, which resulted in his death. 

As a result of the imminent threat of serious bodily injury or death that necessitated an immediate response by law enforcement, we have concluded that the evidence supports that the deputies acted lawfully and did not violate any criminal laws.”