Man who pulled trigger in deadly shooting won't be charged

Published: Tuesday, November 20, 2012 at 15:51 PM.

Nunes, however, has been charged with one count of felony conspiracy to commit assault with a deadly weapon inflicting serious injury and one count of felony breaking and entering in connection with threats against Norris. Nunes was released on bond and is scheduled to appear in Craven County District Court at 9 a.m. today.

The investigation by Havelock police into the shooting shows that Berry and Nunes were attempting to find Norris because they believed he had broken into and burglarized their homes. Berry had filed a police report of a break-in on Oct. 30, but had not indicated that Norris was a suspect. Nunes had not filed any report of a break-in.

On Saturday morning, Nunes and Berry found Norris in the parking lot of Kelly Park Apartments on Shipman Road and got out of their vehicle with a golf club and baseball bat with the intent of assaulting Norris, according to Havelock police.

Norris ran and entered the apartment of a family member, locking the door. That family member was inside the apartment with three of her children.

Berry and Nunes chased Norris and broke through the front door of the apartment, finding Norris in the kitchen. That’s when Norris shot Berry once, and Nunes then ran out of the apartment, according to Havelock police.

Police were called at 10:24 a.m. Saturday and upon arriving at the scene, found an injured Berry in the foyer area of apartment L-4 in the Kelly Park Apartment complex.

Thomas sited the "Castle Doctrine," which went into effect Dec. 1, 2011, in not charging Norris. The law states in part that an occupant of a home is not required to retreat when confronted by an intruder prior to using deadly force.



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