Knox County DA will not file criminal charges against FBI agents in Roy McGrath death
Knox County District Attorney Charme Allen will not file criminal charges against the FBI agents involved in the attempted arrest and death of Roy McGrath, a former Maryland political aide wanted on corruption charges.
After he eluded police for weeks, McGrath shot himself in the head April 3 as FBI agents tried to take him into custody on an outstanding warrant, Allen said in a press release. An FBI agent simultaneously fired a shot, striking McGrath in the face, Allen said. The scene unfolded outside a strip mall in Farragut.
"The agent realized he was within the trajectory of McGrath’s firearm," Allen said. "That agent acted in self-defense because he had a reasonable belief that McGrath posed a threat of imminent death or serious bodily injury."
An autopsy by the Medical Examiner’s Office was unable to determine which of the two gunshot wounds caused McGrath’s death, Allen said.
"In this case, it is clear that agents had probable cause and a reasonable belief that McGrath posed a threat of imminent death or serious bodily injury," she said. "Based upon the investigation in this case and viewed from the perception of the agents under the circumstances, that belief is reasonable and supported by probable cause, justifying the use of deadly force in self-defense."
The investigation is still under review by the federal Department of Justice, Allen noted.
Why was Roy McGrath on the run?
McGrath, the onetime chief of staff to former Maryland Gov. Larry Hogan, was supposed to stand trial on fraud charges in the U.S. District Court in Baltimore on March 13, according to the Baltimore Sun. He never showed up.
McGrath, 53, was declared a wanted fugitive after his disappearance, and the FBI has said he was considered an international flight risk.
McGrath was indicted in 2021 on accusations he fraudulently secured a $233,648 severance payment, equal to one year of salary as the head of Maryland Environmental Service, by falsely telling the agency’s board the governor had approved it, the Baltimore Sun reported. He also was accused of fraud and embezzlement connected to roughly $170,000 in expenses. McGrath pleaded not guilty.
McGrath resigned just 11 weeks into the job as Hogan’s chief of staff in 2020 after the payments became public.
If convicted of the federal charges, McGrath would have faced a maximum sentence of 20 years for each of four counts of wire fraud, plus a maximum of 10 years for each of two counts of embezzling funds from an organization receiving more than $10,000 in federal benefits.
What happened when the FBI caught up to McGrath?
The FBI learned that McGrath was in Knoxville at a Costco on Kingston Pike, Allen said in the release. Agents found McGrath’s vehicle and attempted to stop his car when he left the parking lot but McGrath continued to drive until he was boxed in near 10702 Kingston Pike.
"Agents approached the vehicle and repeatedly announced, 'FBI,' and ordered McGrath to put his hands out the open driver’s side window," Allen said. "McGrath replied, 'No,' and, 'I have a gun, and it’s loaded.'"
Agents saw McGrath with a handgun raised to his right temple, and McGrath fired at the same time that an agent fired one shot, Allen said. McGrath was taken to the University of Tennessee Medical Center, where he was pronounced dead 30 minutes later.
Liz Kellar is a public safety reporter. Email lkellar@knoxnews.com.
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This article originally appeared on Knoxville News Sentinel: Knox DA won't file charges against FBI agents in Roy McGrath's death
