Shooting case bound to grand jury

Aug. 16—GRAYSON — Carter County District Judge Rupert Wilhoit and Commonwealth's attorneys weren't quite buying the self defense claim from a North Carolina airman after a shooting in Grayson last Friday night.

Wilhoit bound the case to a grand jury for an indictment in the case of Dametric M. McGrue, 27, of La Grange, North Carolina, who is charged with first-degree assault after shooting a man during an altercation.

McGrue was accompanied by his attorney, Sen. Robin Webb, on Wednesday in Carter County District Court for an arraignment and preliminary hearing.

To recap, McGrue was picked up on the sole charge after Grayson Police Department responded to the scene of a shooting at an apartment off South Hord Street around midnight Aug. 11.

Officers located one male victim suffering from a single gunshot wound to his abdomen and the stories conflict from there.

Testimony given by arresting officer Sgt. Kyle Smith revealed that on the night of the incident McGrue appeared "shook up but cooperative nonetheless."

Smith said McGrue called 911 and admitted to being the shooter but quickly claimed self defense before invoking his Fifth Amendment right to remain silent.

According to Smith's police report, McGrue allegedly said the victim "knocked on the door, told me to move out of the way; I told him no and we started fighting."

Also in the police report, an eyewitness — the believed girlfriend of McGrue and mother of the victim's child, reported she heard a knock on the door before the two men engaged in a physical fight before McGrue ultimately shot the man.

However, on Wednesday, Smith testified the eyewitness had been drinking, was in shock and didn't say "too much."

Also in the police report, signed by Smith, the eyewitness told police she had received a text from the victim expressing anger toward McGrue over him being "out of the way with his child's mother."

During cross-examination, Smith testified as the investigation continued, he saw phone evidence supporting that the eyewitness extended an invitation to the victim to her apartment while McGrue was there — but Smith added he had no indication that McGrue was aware of the victim's impending arrival.

Webb pointed out potential inconsistencies of the eyewitness's account, and Smith agreed she had been "very back and forth on what happened."

Smith testified one inconsistency involves the victim's actual entry into the home.

Smith testified the victim's statement was that McGrue opened the door and the eyewitness says she doesn't know.

According to Smith, the victim also said McGrue left the apartment to retrieve the gun after the altercation was finished, came back in and then shot him.

Though Smith also confirmed there were no security cameras to corroborate the victim's statement.

At the cessation of Webb's questioning, Wilhoit decided to bound the case over to the grand jury to determine the validity of the state's case.

Webb requested Wilhoit consider bond due to McGrue's active military status, his lack of criminal record, family support and "exemplary career."

Webb said due to mitigating circumstances, mostly due to the "he said, she said," McGrue's claim of self defense could be a valid one.

Carter County Attorney Brian Bayes said Wilhoit had to consider the seriousness of the charges and if it wasn't self defense, McGrue was a danger to the community.

Webb volleyed that McGrue has military training and expertise, believing if he wanted to kill the victim, he could've and the single shot and location of the wound supported the self-defense position.

Wilhoit said he had considered giving bond prior to hearing that McGrue possibly left to retrieve the weapon, meaning he had the option to retreat.

Taking Wednesday's testimony into account, Wilhoit said there wasn't enough solid information to modify any bond.

The victim is currently in stable condition after surgery.

It's unclear at this time of writing if the Air Force will take jurisdiction over the case.

McGrue currently faces 20 years in prison, if convicted on the state's level.