Laquan Hykeem Davon Brown

CHARLOTTE, N.C. -- LaQuan Hykeem Davon Brown was not holding a gun -- and likely had a cell phone in his hand -- when a Charlotte-Mecklenburg police officer fatally shot the 16-year-old this month, sources have told the Observer.

The sources, all with close knowledge of the investigation, say Brown did have a gun as he fled from police in the dark early morning hours. But, they said, the gun was no longer in his hand when an officer fired at him.

Brown died at the scene. Police have said they found a gun about 20 feet from his body.

The information police disclosed in their initial statement, about 10 hours after the Nov. 4 shooting, suggested Brown was shot while holding a gun.

Police have never mentioned a cell phone in their accounts of the shooting, and they declined Wednesday to say whether a cell phone was found at the scene.

Brown died from "a gunshot wound to the abdomen and chest," according to the Mecklenburg Medical Examiner's Office, which wouldn't specify more precisely where the bullet entered his body. Police have said he was shot once but will not say where. Sources said he wasn't hit in the front.

Chief Darrel Stephens would not talk about the shooting Wednesday, but did say:

"From my perspective, your sources may not accurately or completely characterize the facts of the case." He declined to be more specific.

Stephens told the Observer he would like to tell the public more about what happened but must comply with prosecutors' instructions not to release any more information about the case.

In their initial statement, police said Officers Jeff Wheaton, 27, and Brian Carey, 33, were chasing Brown when one of them saw a gun in his hand. At some point the officers saw Brown raising his hand, the statement said. One of the officers, later identified as Wheaton, fired two shots.

The Mecklenburg District Attorney's Office will decide whether to charge the officers. A police spokeswoman said it will likely be at least three weeks before police complete their investigation and present their findings to prosecutors.

Sources said they don't expect the officers will be charged.

N.C. law and policies used by Charlotte-Mecklenburg police allow officers to use deadly force if they fear their lives are threatened or they believe force is necessary to end a threat to the life of another person.

The initial police account said officers went to Casa Del Lago apartments off Albemarle Road in response to a 1:15 a.m. call about a robbery in progress. The caller indicated that a group of Hispanic men were attempting to commit a robbery in the parking lot.

The police officers, while driving through the lot, saw a black male near some apartments who immediately began running in the opposite direction when he saw the officers.

The following four paragraphs are the exact text of the police account of what happened next:

•A witness reports hearing the officers giving verbal commands for the suspect to stop.

•The officers pursued the suspect and one of the officers observed he had a gun in his hand.

•One of the officers saw the suspect raise his hand and the officer fired his service weapon twice.

•A gun was recovered from the scene.

Stephens on Wednesday would not respond to questions about whether the teenager had a gun in his hand when he was shot.

Stephens said the department used to provide more details about cases. But since the Duke lacrosse rape case last year and controversy surrounding the Durham prosecutor's handling of the case, he said, prosecutors and police have become more cautious.

Mecklenburg District Attorney Peter Gilchrist said Wednesday that prosecutors have asked police not to talk about the case. He also declined to talk about the shooting.

"We don't comment about pending investigations," he said.

A new law, which took effect in September, required the State Bureau of Investigation to get involved if Brown's family asks for an outside investigation. As of Wednesday, they had not.

Officers Wheaton and Carey were put on administrative leave after Brown's death -- standard procedure in a shooting involving an officer.

Carey returned to patrol duty this week. Wheaton is on administrative duty and will go back to patrol when his supervisor approves his return.

Court records show Brown had two pending felony charges and a warrant for his arrest at the time of his death.

On Aug. 28, he was arrested and charged with two counts of auto theft and one count of simple assault. He served 13 days in the Mecklenburg jail before he was released on a $10,000 bond. The warrant was issued after he failed to show up for his court date on Oct. 24.

Family members have described Brown as popular and approachable, and said that he dreamed of playing professional football. His mother, Melissa Brown, could not be reached Wednesday night.

Other police shootings

Following is a list of other fatal shootings by Charlotte-Mecklenburg police officers. District Attorney Peter Gilchrist and his prosecutors did not charge any of the officers in the killings.

•Rookie police officer Jeff Hittle shot and killed a burglary suspect in 2006. Police said Johnny Ray McNeal hit Hittle with a stolen truck just before the fatal shooting.

•Officer Anthony Payne shot and killed a cell phone tower worker in 2006. Police said Payne shot Anthony Wayne Furr at a tower base station on Albemarle Road when the worker pointed a gun and did not obey commands to put down the weapon.

•Officer Chris Kimbell shot and killed a double-amputee in a wheelchair in 2005. Police said 67-year-old Alexander "Sasha" Ehrenburg pointed a handgun at officers when they knocked on his door. A family friend had called 911, asking someone to check on him.

•Officers Shannon Jordan and Donn Belz in 1997 opened fire on a car that sped through a license checkpoint, killing a passenger. Police said Jordan fired the bullet that killed Carolyn Sue Boetticher. Gilchrist said it was clear that a reasonable officer would have been in fear for his life and under state law, authorized to use deadly force.

•Officer Michael Marlow in 1996 shot and killed an unarmed motorist. Marlow told investigators he fired on James Willie Cooper because he believed Cooper was wielding a gun. Cooper had stuck one of his hands in his pants near his waistband, then leaned into his car, Marlow said.

Gilchrist said the evidence indicated that Marlow honestly believed he needed to defend himself from a threat of harm.

Staff Writers Emily S. Achenbaum, April Bethea and Cleve R. Wootson Jr. contributed.

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