Charlotte bus driver who shot passenger won’t face arrest ‘at this time,’ police say

A screenshot of a newcast from The Charlotte Observer’s news partner WSOC-TV showing footage of the May 18 CATS bus shooting.

A Charlotte bus driver who shot at a passenger is not facing criminal charges, according to the Charlotte-Mecklenburg Police Department.

The driver, David Fullard, exchanged fire with Omarri Tobias, a passenger who wanted to get off between stops near Steele Creek’s Charlotte Premium Outlet Mall, according to authorities and surveillance video footage.

The video does not make clear who fired first. Tobias first pulled out a gun while standing beyond the yellow line for passengers, near Fullard’s driver’s seat.

Tobias, 22, faces several assault charges and was jailed with a $250,000 bond after a six-day hospital stay, public records show. He is no longer allowed on any of Charlotte’s public transit system, a judge ruled.

Fullard was “dismissed from his duties,” CATS said.

Police, after consulting Mecklenburg County’s District Attorney’s Office, “does not anticipate charges against the CATS bus driver at this time,” the department wrote in an email statement to the Charlotte Observer. CMPD officials added emphasis to the phrase “at this time” in the statement.

The DA’s office has an obligation to consult with police when requested, said Meghan McDonald, the office’s spokeswoman. While the office provides legal analysis, the charging decision rests with police, she said.

No public records were available Friday to provide details about the investigation or consultation with the district attorney.