Ex-Henderson deputy who shot autistic man: Why no intent to kill charge?

A Henderson County sheriff's deputy accused of aggravated assault for shooting an autistic man he said was breaking into his patrol car should have been charged with the more serious crime of assault with "intent to kill."

That is according to a police shootings expert who said there looked to be "enough circumstantial evidence" to justify it.

Instead, now ex-deputy Joshua Rankin, 24, was fired by Sheriff Lowell Griffin and charged by the State Bureau of Investigation with assault with a deadly weapon inflicting serious injury Feb. 23, the same day he shot Matthew Browning, 25, in the arm. The deputy was off-duty and used his personal gun shortly after 7 a.m. to shoot twice from his apartment's third-floor balcony across a parking lot at Browning, who lives in the apartment complex with this family and was standing next to the car, according to authorities and Browning's parents.

While the speed of the criminal charge brought by the SBI against a law enforcement officer was unusual, Scott Holmes, a law professor at North Carolina Central University in Durham, said the charge did not reflect the seriousness of the crime, according to the publicly available evidence. Holmes, who as a criminal defense attorney has handled more than 40 first-degree murder cases, questioned whether Rankin got special treatment from the SBI and district attorney because he was a deputy.

"With regular folks shooting at someone in a parking lot like that, intent to kill would be the initial charge and then they might plead it down or work out a deal for something less," he told the Citizen Times March 26. "When you shoot somebody, there's enough circumstantial evidence of intent to kill to charge it."

The Citizen Times left messages with Rankin and his attorney, Douglas Pearson. A staff member for Brittany Estates apartments complex declined to say if Rankin still lived there. His next appearance on the charge is scheduled for April 9 in Henderson County District Court.

District Attorney Andrew Murray, meanwhile, denied that Rankin has gotten special treatment. However, that is not because Murray, a Republican former Mecklenburg County DA and U.S. assistant attorney for the state's western district, does not think officers deserve some deference. Murray, whose police officer son died off-duty from a medical event, has said the dangerous and public nature of officers' jobs mean they should be given leeway most people would not get. That might include a delayed arrest or no arrest at all. In Rankin's case he was arrested and released on a $20,000 bond. Because bonding agencies require 10-15%, Rankin could have paid as little as $2,000 for his release.

Rankin is not getting that treatment because he was off-duty, unlike officers "doing their job and in uniform, handling cases," said Murray, whose prosecutorial district covers Henderson, Transylvania and Polk counties. "I think this case is different from preliminary facts that I've heard."

Browning's father, Zachary Browning, said he raised concerns in a phone call with Murray that Rankin would get lighter treatment as a deputy.

"The DA said it will be handled appropriately," Browning told the Citizen Times March 26.

He and Matthew Browning's mother, Mandy Moll, have said their son is on the low-functioning end of the autism spectrum and is verbal but uses very repetitive speech. They said it is obvious he has disabilities and were furious de-escalation tactics were not used. Matthew Browning was treated for his wound at Pardee Hospital in Hendersonville and released.

The Citizen Times reached out to Moll, who lives with her son. Zachary Browning lives in Knoxville, Tennessee.

The process of charging Rankin was unusual in that it happened immediately, rather than after a long SBI investigation that would then be handed over to the DA for a decision on whether to bring a formal criminal accusation.

Murray and SBI spokesperson Anjanette Grube said the bureau and DA discussed what the charge would be. But both noted the investigation was ongoing and there might be changes.

"We might indict differently," Murray said March 25.

When can someone shoot?

One reason Rankin's firing and criminal charge probably came so quickly was the clear-cut nature of the evidence, experts said.

UNC School of Government criminal law expert Jeff Welty said there was once a prevalent idea that officers had more of a right to use deadly force. But in 1985 the Supreme Court rejected the argument that police could shoot a suspected felon to prevent them from fleeing. Instead, the court ruled they could only fire to prevent death or great bodily harm, Welty said.

"So as far as deadly force goes, the standard for officers and everyone else is about the same — deadly force may be used only in response to an imminent deadly threat," he said.

Aside from the high court's ruling, it is understood that deadly force cannot be used to protect property, said Christopher Mercado, a retired New York City Police Department lieutenant and John Jay College College of Criminal Justice adjunct professor.

"Based on the fact pattern, that sounds reckless," he said. "To shoot like that from an elevated position, there's the good chance of missing and the bullet going toward someone else. Cops aren't really taught to shoot like that."

Mercado said officers need to be trained that the use of a gun comes with major consequences.

"You could ruin a family. You could destroy their father, or their mother or their children. Do you want to be the purveyor of that agony?" he said.

Asked about the history of shootings as well as deputies' qualifications and training, sheriff's spokesperson Stephanie Brackett responded in an email that there had been three shootings in the last five years.

In terms of training, Brackett said proper gun use and de-escalation are taught annually.

"There are blocks of required in-service (training) taught every year that does incorporate de-escalation techniques and it's also taught in (Basic Law Enforcement Training). The required yearly in-service also includes firearm training," she said.

Sheriff directs staff to 'cease responding' to Citizen Times

Brackett declined to answer follow-up questions about who was involved in the shootings, how many hours of firearm and de-escalation training deputies received and other issues. She said Griffin would not comment on Rankin's ongoing case.

The spokesperson also declined an interview request with the sheriff. Asked if the shooting, which was one of at least four questionable incidents involving deputies within the last two years — including an in-custody death of a Fletcher man and a violent takedown of an elementary school student — indicated a larger problem, she said the deputies had been investigated and Griffin would not comment.

"There will be no comment to the other cases you inquired about because those officers were cleared of any wrongdoing," she said in a Feb. 27 email.

Additionally, she said Griffin had directed his staff to "cease responding to any further inquiries from Asheville Citizen Times and Hendersonville Times-News" and that the only correspondence with them would be to answer public records requests. The Citizen Times replied with Feb. 28 messages asking the sheriff's reasons for ending correspondence.

N.C. Press Association Attorney Hugh Stevens said that Griffin was not legally obligated to talk to the media, but it was advisable, both from an open government standpoint and as a way to clear the air.

"A friend of mine who counseled large corporations always said the best way to deal with a controversial matter is to 'get it out and get it over,' but many public officials have a penchant for turning a one-day story into a two- or three-day story," Stevens said.

4 deputy incidents, less than 2 years

• May 9, 2022: A deputy school resource officer, Alan Brackett, who had been twice fired by other law enforcement agencies, slammed a fifth grader to the ground after the child didn't remove his hoodie. One school board member called the incident “horrific.” Brackett was not fired or charged by Murray following an SBI investigation.

• June 15, 2022: Responding to a domestic call, at least seven officers (deputies and Fletcher police) punched, kneed and shocked Christopher Hensley, of Fletcher, with a Taser. Hensley died as a result in the parking lot of his apartment complex. Officers were not fired or charged by Murray after an SBI investigation.

• Nov. 25, 2023: In early morning hours, Deputies investigated what a caller said was a suspicious car at a house. A barking dog approached a deputy on the property who shot and killed it. The car turned out to belong to the homeowners. The officer was not fired or charged.

• Feb. 23, 2024: Rankin shot Browning, an autistic man, near his car. The deputy was fired and charged by the SBI.

Family members told the Citizen Times the frequency of the incidents showed a need for change. Zachary Browning, Matthew's father, said what happened to his son was "reprehensible" but he was even more shocked to learn of the other incidents "in such a short length of time."

He said changes should include raising the minimum deputy age, which is now 21, and requiring a college education. Now all that is required is a high school diploma or equivalency.

"And in this world that we live in, they need to be trained to work with a more diverse group of people and that includes people of all genders, religions, ethnic backgrounds and disabilities," he said.

Catherine Hensley, mother of Christopher, said her son's 2022 death resulted in part from real problems in the sheriff's office.

Hensley left behind two daughters and his wife, who originally called 911 for help in their domestic dispute.

"My son was unarmed and was denied his rights," she told the Citizen Times March 26.

Officers remained on top of Hensley when he was handcuffed and continued to deliver blows, as seen in bystander video. At one point Hensley's father-in-law called Catherine Hensley and put the phone to Hensley's mouth.

"He told me, 'I can’t breathe. Get off me,'" she said. "They need to stop using excessive force."

More: 'Why didn't Chris Hensley make national news?' Fletcher death similar to Tyre Nichols'

Requirements for Henderson County sheriff's deputies

Rankin had been a patrol deputy with the sheriff's office for only eight months. He started working for the Henderson County Sheriff's Office in July 2021 as a detention officer trainee and was transferred to patrol deputy in June 2023. On his separation date of Feb. 23, his salary was $24.39 per hour. Here are the requirements for a deputy in Henderson County:

- High school diploma or any equivalent combination of training and experience which provides the required skills, knowledge and abilities.

- Prior experience in law enforcement, investigations or security work is not required but seen as beneficial.

- Must comply with relevant Federal Emergency Management Agency incident command training appropriate to level.

Special Requirements:

- Must be 21 years of age. (The state standard is 20.)

- Possession of Basic Law Enforcement Officer Certificate issued by the state in accordance with the N.C. Sheriff’s Training and Standards Commission.

- Must meet and maintain minimum qualifications for the position established by the Sheriff’s Office (as defined in the Henderson County Sheriff’s Office Standardized Training Requirements) and the state.

- Must possess a valid N.C. driver’s license.

- Maintain any licensure required by additional assignment.

- Must be sworn law enforcement officer.

More: Henderson County judge orders more police video showing mother arrested at son's shooting

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Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Police who shot Hendersonville autistic man: No intent to kill charge?