CHARLOTTE, N.C. — The Charlotte District Attorney's Office said it would not pursue charges related to an officer-involved shooting of a man who stabbed his ex-wife's daughter multiple times at their home near Ballantyne in December 2021.
In a review, District Attorney Spencer Merriweather said the case showed Charlotte-Mecklenburg Police Department Officer Edward Mark acted in self-defense after David Samuel Herbert stabbed his ex-wife's 13-year-old daughter.
On Dec. 18, 2021, officers responded to a call by Herbert's ex-wife saying he had forced his way into his ex-wife's home during an altercation, according to the review. While the ex-wife was able to get out, CMPD said the man held her daughter at knifepoint at the top of the stairs of the home.
After CMPD and SWAT officers attempted to de-escalate the situation, Herbet told officers "you have to the count of three to get out of here," according to the review.
The review says as Officer Mark proceeded to walk upstairs, Herbet pulled the victim into a back bedroom. Mark then reportedly pushed Herbet to try to create separation between the two, after which Herbert stabbed the victim multiple times with a large hunting knife.
Mark then fired his gun multiple times, striking Herbet in the head and killing him, the review said.
An autopsy revealed the daughter suffered multiple stab wounds, including two that penetrated her left upper chest, as well as injuries to her right flank, both arms, right abdomen, and left middle finger.
Multiple agencies investigated the incident, including CMPD, The North Carolina State Bureau of Investigation (SBI) and the District Attorney's Office.
Officers who were on the scene during the incident, as well as Herbert's ex-wife and her daughter, were interviewed during the investigation.
Wake Up Charlotte To Go is a daily news and weather podcast you can listen to so you can start your day with the team at Wake Up Charlotte.
SUBSCRIBE: Apple Podcasts || Spotify || Stitcher || TuneIn || Google Podcasts
All of WCNC Charlotte's podcasts are free and available for both streaming and download. You can listen now on Android, iPhone, Amazon, and other internet-connected devices. Join us from North Carolina, South Carolina, or on the go anywhere.