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Deputies won't be charged in shooting
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Published: August 27, 2008
LEXINGTON
District Attorney Garry Frank of Davidson County said today that he is not gong to pursue any criminal charges against three Davidson County sheriff's deputies who fatally shot a 58-year-old man after he held several people hostage on Shuford Everhart Road in May.
Lt. Marvin K. Potter, Lt. Edwin Thomas Curry and Deputy James Felton Hull Jr. shot Aubrey Roy Roseberry on May 7 after a three-hour standoff with deputies from the Davidson County Sheriff's Office.
Roseberry had shot Tabitha Spivey, her 17-year-old daughter, her 13-year-old son and her daughter's boyfriend, Daniel Spainhour. He held Spivey and her children at gunpoint at 240 Shuford Everhart Road. Spainhour managed to escape.
Capt. Tony Roberson of the Davidson County Sheriff's Office negotiated with Roseberry during the standoff and Roseberry kept saying that he would kill anyone who came near the house, according to search warrants filed by SBI agent Gerald R. Thomas.
Roseberry came out of the house holding a pistol and refused to drop it. That's when he was shot, according to the search warrants.
Frank said he had sent a letter to the SBI yesterday saying that he had found no basis to charge anyone in the case.
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