DURHAM, N.C. (WNCN) — The Durham district attorney said no charges will be filed in the fatal shooting of Frank Clark by police on November 22.
Frank Nathaniel Clark, 34, of Durham was killed during a struggle with Durham police officers in the McDougald Terrace neighborhood, a police report said.
Clark was shot following a “sudden movement toward his waistband” after a struggle developed during a conversation with two officers near Building 60 near Wabash and Dayton streets, according to the City of Durham report.
Police said stolen loaded Smith & Wesson 9 mm handgun was found next to Clark’s body, but there was never any word on whether it was fired.
Durham County District Attorney Roger A. Echols confirmed Monday no charges would be filed in the shooting.
Clark’s family had previously said the shooting wasn’t justified.
The family claims witnesses say Clark was shot from behind as he ran away. An autopsy showed Clark was shot twice: once in the side of the head and once in the back right thigh.
Durham Officer M.D. Southerland, Master Officer C.S. Barkley and Officer C.Q. Goss were identified as the officers involved in the shooting.
McDougald Terrace is, according to the Durham Housing Authority’s website, the largest conventional public housing community in the city with 360 apartments. The officers were in the neighborhood in response to a recent spike in “robbery and violent crime,” Chief C.J. Davis said.