Durham, North Carolina



From the Raleigh News & Observer of January 27, 2005

Charges won't be filed in death



DA says shooting was self-defense



Officials have decided not to press charges against the man who shot Billy Joe McCullough, 34. who was found dead last month on Evergreen Street in eastern Durham.



Durham District Attorney Jim Hardin said Wednesday he will not press charges in the case because McCullough was burglarizing an apartment at 1202 Evergreen St. and was shot by an occupant who was trying to protect himself.



"It was clear to me that this was a classic case of self-defense," Hardin said. The man was defending himself, the family and the home, so by law, he did not commit a crime, Hardin said.



A police investigation concluded that McCullough had been watching the house and planned to break in, Hardin said. McCullough had unscrewed a light bulb that illuminated the apartment's porch and climbed in through a window, Hardin said.



Once inside, McCullough encountered two people, one of whom shot him, Hardin said. Wounded, McCullough managed to get out of the apartment, but he collapsed.



When police found McCullough lying in the gravel driveway outside the apartment, he was still holding the flashlight he used in the break-in, Hardin said.



Neither police nor Hardin have identified the man who fired at McCullough. The man had a close relationship with the family who lived at 1202 Evergreen St., which was moving out at the time of the incident, Durham police Detective S.W. Vaughan said.



Although the case is closed, it can be reconsidered if new evidence arises that contradicts the prior findings of police, Vaughan said.



McCullough, of North Hyde Park Avenue, grew up in Durham, but spent stretches of his life in prison. Records from the state Department of Correction show he has served time for armed robbery, assault and possession of drug paraphernalia.