The man who pulled the trigger and shot and killed another man at a Havelock apartment complex Saturday morning won’t face charges.
In a complicated scenario, the victim’s alleged accomplice will face charges in the incident.
Marvin Lovell Norris Jr., 19, of Havelock, shot Demetri Shavar Berry, 28, of Havelock, Saturday morning while defending himself, according to a release Tuesday afternoon from the Havelock Police Department.
Berry, who had a wound to his lower chest/upper abdomen area, was first taken to CarolinaEast Medical Center in New Bern and then to Vidant Medical Center in Greenville, where he died Saturday afternoon.
According to Havelock police, an investigation into the shooting showed that Berry and Marcus Anthony Nunes, 24, of Havelock, had broken into an apartment and were threatening Norris, who subsequently shot Berry.
The case was presented to District Attorney Scott Thomas, who determined that Norris would not be charged.
"The evidence in this case indicates that Berry and Nunes intended to do physical harm to Norris," Thomas said in a statement. " … Based upon the law and facts, Mr. Norris was justified in his use of deadly force to defend himself. Had he not acted, he would have likely suffered serious bodily harm or even death."
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.
Berry’s autopsy on Monday revealed that he died from multiple internal trauma caused by the shooting, according to Havelock police. A small-caliber projectile was recovered during the autopsy, but investigators have yet to locate the weapon, described as a handgun. Police are continuing the investigation in an attempt to locate the gun.
At the time of his death, Berry was on probation for a Sept. 8, 2011, conviction of possession of a firearm by a felon and felony possession of marijuana, according to the N.C. Department of Corrections website.