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CMPD officer fired for shooting suspect 3:42 PM

03:42 PM EDT on Wednesday, July 16, 2008

By VICTORIA CHERRIE / Charlotte Observer

CHARLOTTE, N.C. -- A Charlotte-Mecklenburg police officer was fired after a review board today determined she unjustly shot a man at a Central Avenue gas station.

Officer J.S. Curlee, a former dispatcher who graduated from the police academy in November, shot Brian Jarod Howie once in the arm and chest while responding to a backup call May 7. He survived.

The police department gave this account:

Frank Lopez, a plainclothes Alcohol Beverage Control officer, was at the gas station at 1920 Central Avenue when he saw a man drinking a beer in a car. Lopez radioed for backup, and then approached the passenger side of the Toyota Camry to confront the man, later identified as 51-year-old Guy Manuel Cabral.

Curlee arrived a few minutes later, and approached the driver's side. Lopez told investigators he saw Cabral pass what appeared to be drugs to Howie, who placed the object in the console between the seats.

The ABC officer pulled out his Taser and told Howie to take the keys out of the ignition and comply with instructions. Curlee pulled her gun. That's when, police said, they saw Cabral reach to his right side near the center console area. Lopez fired the Taser and Curlee fired the gun, striking Howie.

No weapon was found in the car. Howie, 29 and the passenger in the car, Guy Manuel Cabral, 51, were charged with possession with intent to sell and deliver cocaine.

Under state law and police department policies, officers can use deadly force when it is necessary to defend themselves from imminent danger, or to prevent an escape from custody of an armed person who poses a threat.

The review board includes members of the officer's chain of command, internal affairs and a member of the community relations committee. The group reviews evidence and interviews witnesses to determine if department policies were followed.

State law prohibits the police department from releasing information from an officer's personnel file and internal reviews. But Police Chief Rodney Monroe said he will continue to release information from criminal investigation files about cases of public interest.

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