A Duplin County Sheriff’s deputy has been cleared of his involvement in a shooting earlier this year.
Duplin County District Attorney Ernie Lee released a statement Tuesday saying he had determined the shooting of Joseph Ross Duncan Jr. was justified due to Duncan’s actions towards the involved deputy.
“I have determined the shooting was justified due to Duncan’s actions which caused a Duplin County Sheriff’s Office deputy to reasonably believe it necessary to use deadly force to protect his life at the scene,” Lee stated in a press release.
On Thursday, Jan. 23, Duncan, 35, was shot and wounded by the deputy who responded to 118 Howards Farm Road, Beaulaville in reference to a disturbance and damage to property call. The deputy was initially dispatched to the residence at 3:15 a.m., and again at 4:15 a.m.
According to reports provided by the North Carolina State Bureau of Investigation, when the deputy arrived on scene, he identified himself as law enforcement and found other individuals, including the suspect, inside the residence. Using a flashlight, Duncan was discovered and appeared to be in possession of a knife. The deputy reported drawing his handgun and pointing it at the suspect, who then proceeded towards the officer in a manner the deputy perceived as threatening.
Reports indicated the deputy then backed out of the residence, however, Duncan advanced on the deputy, who then shot his handgun once, striking the suspect in the wrist.
Once other deputies arrived on scene, Duncan was apprehended. Emergency Medical Services were contacted and responded to the scene and treated the suspect. Lee said the deputy was not injured in the incident.
According to reports, Duncan is currently charged with assault with a deadly weapon on a government official, resisting, obstructing, and delaying an officer, and communicating threats.
The general rules of self-defense and defense of others in North Carolina allow for the use of deadly force when the individual believes in the need to defend himself or others from death or great bodily injury and the individual’s belief is reasonable considering the circumstances as they appeared to him at the time. Law enforcement officers are required to instantaneously evaluate and employ force against possible criminal suspects to thwart apparent dangers to citizens and themselves. Officers must perceive, evaluate, decide, and then act, often in a matter of seconds. According to Lee, the deputy in this case perceived a threat and fired his weapon to neutralize the threat.
“Based upon my review of the facts of this case, I have determined that the shooting of Duncan on January 23, 2025, was justified to protect the safety and life of the deputy on scene,” Lee stated in his release. “The deputy who fired the shot perceived an apparent threat, evaluated the situation in seconds, decided, and acted. The deputy’s actions appear reasonable under all the circumstances of this case. The deputy faced apparent danger as perceived by him. There is insufficient evidence beyond a reasonable doubt to show that the deputy who fired the shot, acted in a manner that was inconsistent with his perception of an apparent threat. There is no evidence that the deputy acted in anyway contrary to or in violation of North Carolina law.”
