BENJAMIN R.

DAVID State of North Carolina POST OFFICE BOX 352

DISTRICT ATTORNEY General Court of Justice PHONE: (910) 772-6610
Sixth Prosecutorial District FAX: (910) 772-6611

Wilmington, NC 28402

June 28, 2019

To: Members of the Media

Re: Officer-Involved Shooting on May 29, 2019 of Gerard Tremblay

As I have said many times before, law enforcement officers have a dangerous and difficult job to do.
When that job puts their lives or the lives of innocent bystanders in peril, they are sometimes forced to
make split-second decisions that have deadly consequences. When analyzing any instance of a law en-
forcement use of force, it must be recognized that officers use no more force than is reasonably neces-
sary in the performance of their duties, while ensuring that they and members of the public are not in-
jured or killed. When a crime occurs in the course of these encounters, it is presented to the grand jury.
When no crime is present, I explain the reasoning for that decision, to the extent permitted by law, in a
detailed summary and press conference.

Most use-of-force incidents involve apprehending suspects engaged in criminal activity. Other times,
a use of force arises when officers respond to a person in crisis. Both situations were present on May
29, 2019 when officers from the Wilmington Police Department responded to a call for assistance re-
garding an individual threatening to take his own life and harm his wife.

On May 29, 2019, at 6:56 p.m., the New Hanover County 911 Center received a call from Ann
Tremblay stating that her 62-year-old husband, Gerard Arthur Tremblay, was threatening to commit
suicide inside their residence located at 657 Owens Drive. Mrs. Tremblay told the 911 operator that her
husband was inside their residence, barricaded in the left back bedroom, armed with a revolver. Mrs.
Tremblay said that when she tried to talk her husband out of committing suicide, Mr. Tremblay fired
his revolver into the ceiling of their bedroom. Mr. Tremblay told his wife that he would hurt her or
himself if she called 911. At that point Mrs. Tremblay left the home and called 911 from the backyard.
Mrs. Tremblay reported that her husband had been drinking and she was petrified of what he might do.

Although Mrs. Tremblay called for assistance because her husband was suicidal, the events she de-
scribed to the 911 operator also constituted a crime. North Carolina General Statute § 14-34.10 states
that, “any person who willfully and wantonly discharges or attempts to discharge a firearm within an
occupied building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent
to incite fear in another shall be punished as a Class F felon.”

Wilmington Police Department Officer Brian Wilson and Officer Scott Bramley responded to the
scene and arrived at 7:05 p.m. Both Officer Wilson and Officer Bramley, as well as other officers on
scene, were equipped with Wilmington Police Department issued body cameras. Officer Bramley spoke
to Mrs. Tremblay and attempted to get phone numbers to make contact with Mr. Tremblay. Mrs.
Tremblay and a family friend were escorted to a neighbor’s yard for safety.

Between 7:08 p.m. and 7:15 p.m., Mr. Tremblay exited into the backyard and returned into his home
several times. Officers positioned themselves at an open gate of a fence that surrounds the backyard
Officer-Involved Shooting on May 29, 2019 of Gerard Tremblay Page 2

and had a clear line of sight to Mr. Tremblay. When officers first saw Mr. Tremblay he did not appear
to be armed. The second time he was observed he had a revolver in his left hand. Officer Bramley or-
dered Mr. Tremblay to, “Raise your hands! Get your hands up!” Mr. Tremblay tossed the revolver and
immediately removed a semi-automatic pistol from his shorts, racked it, and kept it in his right hand. A
few moments later he retreated to the house. The third time he exited he was still armed with the pistol
and was waving it above his head.

During all three of these encounters, Officer Wilson and Officer Bramley kept a safe distance from
Mr. Tremblay and gave him verbal commands to show his hands and put down his gun. Throughout
the entire standoff, which lasted approximately eight minutes, Officer Wilson and Officer Bramley or-
dered Mr. Tremblay to drop his weapon at least 70 times. Non-lethal assistance was requested, as well
as EMS, neither of which arrived in time. Officer body camera footage continued to record Officer
Wilson and Officer Bramley as they repeatedly ordered Mr. Tremblay to put down his weapon. Both
officers tried to reason with him. Other officers’ voices are heard in the background ordering bystand-
ers to move away from the scene for their safety.

Mr. Tremblay never dropped his firearm despite the pleadings of Officer Wilson and Officer Bram-
ley. Mr. Tremblay told the officers to shoot him at least five times. Officer Wilson and Officer Bramley
repeatedly replied to Mr. Tremblay, “We don’t want to,” and “It doesn’t have to go like this.”

At 7:15 p.m., Mr. Tremblay faced Officer Wilson and Officer Bramley, holding his gun in his right
hand in the air above his head. Officer Wilson told Mr. Tremblay that, “We are here to help you.” Mr.
Tremblay yelled to Officer Wilson and Officer Bramley, “No you are not,” and “Shoot me now, do it,
do it!” Mr. Tremblay pointed the pistol directly at Officer Wilson and Officer Bramley. At that point,
Officer Wilson and Officer Bramley fired their weapons to protect themselves, other officers, and in-
nocent bystanders. Life saving measures were performed on Mr. Tremblay immediately after he was
felled. EMS arrived on scene, but Mr. Tremblay stopped breathing moments later. Mr. Tremblay was
found armed with a semi-automatic Smith and Wesson Model 39-2 9mm pistol and a Smith and Wes-
son .357 magnum revolver. Both firearms were located on the deck by Mr. Tremblay’s body.

Consistent with well-established protocol, I, together with Wilmington Police Department Chief
Ralph Evangelous jointly requested that the North Carolina State Bureau of Investigation (SBI) investi-
gate Mr. Tremblay’s death so that agents from outside the District could interview witnesses, collect
evidence, and ensure the highest possible level of scrutiny. I, together with senior Assistant District At-
torneys in the Sixth Prosecutorial District, have now had the opportunity to review the investigation
conducted by the SBI. After reviewing the facts and the law, I have determined that no officer will be
criminally charged in this matter.

The law is clear and long-established: The United States Supreme Court, the Fourth Circuit Court of
Appeals, and North Carolina appellate and trial courts have all set forth clear guidance for officers and
prosecutors regarding use of force. Tennessee v. Garner, 471 U.S. 1 (1985); Elliot v. Leavitt, 99 F.3d
640 (1996); State v. Ellis, 241 N.C. 702 (1955). The North Carolina General Assembly has codified this
precedent in our statutes. N.C. Gen. Stat. § 15A-401(d)(2). In reviewing officer conduct, the polar star
is that prosecutors may not employ “the 20/20 vision of hindsight” but must make “allowance for the
fact that police officers are often forced to make split second judgments—in circumstances that are
tense, uncertain, and rapidly evolving.” Graham v. Connor, 490 U.S. 386 (1989). Whenever officers use
deadly force to defend themselves or to stop someone from harming others, the determination of
whether they properly used that force focuses on whether the circumstances as they appeared to the
officers at the time of the killing were sufficient to create a belief in a reasonable person standing in
their shoes that such force was necessary. State v. Anderson, 253 S.E.2d 48 (1979).
Officer-Involved Shooting on May 29, 2019 of Gerard Tremblay Page 3

After reviewing the body camera footage, witness interviews, and physical evidence associated with
this case, it is the conclusion of this office that Officer Wilson and Officer Bramley acted appropriately
under the law when they used deadly force to protect themselves and those around them. Mr. Trem-
blay’s death, while regrettable, is attributable solely to his suicidal and homicidal conduct that left offic-
ers no choice. Officer Wilson and Officer Bramley showed remarkable restraint during an excruciating-
ly long and intense encounter and acted consistently with the Critical Incident Training that is now
standard practice for WPD officers. They should be permitted to return to work as soon as they are
able.

Body camera footage provides a clear picture of what happened that day. Officer Wilson and Of-
ficer Bramley ordered Mr. Tremblay to drop his weapon dozens of times. They told Mr. Tremblay they
were there to help him. They tried to reason with him. They pled with Mr. Tremblay to not have this
outcome. Once Mr. Tremblay lowered his weapon in their direction, there was nothing more that the
officers could or should have done. Officer Wilson and Officer Bramley have a sworn duty to protect
and serve, and they had to protect themselves, their fellow officers, and innocent bystanders.

The use of officer body cameras has changed the way my office and investigating agencies are able
to evaluate officer engagement with citizens. They are a useful tool for providing an unbiased presenta-
tion of events that are the subject of scrutiny. This footage is sometimes gruesome and captures raw
encounters that law enforcement officers experience as part of their duties.

The legislature has anticipated this and put into place measures to balance the public’s desire to
know what happened with the privacy of people who are captured on the video. Members of the public
or the media may petition a superior court judge for release of the footage pursuant to North Carolina
General Statute § 132-1.4A. In this instance, Chief Evangelous and I shared this body camera footage
with Gary Shipman, attorney for the Tremblay family, in advance of this press conference. All of us
agree that sharing the footage with the public would serve no useful purpose to show a man in the final
moments of his life. Neither the Wilmington Police Department, nor the District Attorney’s Office, nor
Mr. Shipman will be applying for its release.

Those who serve and protect must use deadly force only as a last resort. That situation was present
in the instant case. Mr. Tremblay’s death has undoubtedly created great pain for his family, as well as
that of all officers involved. This was a tragedy for all concerned.

Sincerely,

Benjamin R. David
District Attorney
BENJAMIN R. DAVID State of North Carolina POST OFFICE BOX 352
DISTRICT ATTORNEY General Court of Justice PHONE: (910) 772-6610
Sixth Prosecutorial District FAX: (910) 772-6611

Wilmington, NC 28402

SUMMARY

1. On May 29, 2019, at 6:56 p.m., the New Hanover County 911 Center received a call from the
wife of 62-year-old Gerard Arthur Tremblay stating that Mr. Tremblay was threatening to
commit suicide inside their residence located at 657 Owens Drive.

2. 657 Owens Court is a one-story brick home on a corner lot with a fenced in backyard
containing a deck and a pool. Mr. Tremblay lived at the residence with his wife and adult son
who was not home when the 911 call was placed but arrived on scene shortly thereafter.

3. Ann Tremblay reported to 911 that Mr. Tremblay was inside their residence and was barricaded
inside the left back bedroom, armed with a revolver. When Mrs. Tremblay tried to talk him out
of committing suicide, Mr. Tremblay fired a round into the ceiling of the bedroom in front of
her and told Mrs. Tremblay he would hurt her or himself if she called 911.

4. At that point Mrs. Tremblay left the home and called 911 from the backyard.

5. Mrs. Tremblay told 911 that Mr. Tremblay had been drinking and had not eaten anything.

6. Mrs. Tremblay said she was petrified of what her husband was going to do.

7. Although Mrs. Tremblay called 911 to report her husband was suicidal, the events she described
to the 911 operator also constituted a crime. Effective December 1, 2013, North Carolina
General Statute § 14-34.10 states that, “any person who willfully and wantonly discharges or
attempts to discharge a firearm within an occupied building, structure, motor vehicle, or other
conveyance, erection, or enclosure with the intent to incite fear in another shall be punished as
a Class F felon.”

8. Wilmington Police Department Officers Brian Wilson and Scott Bramley were the first
responders on scene, arriving at 7:05 p.m. Both Officer Wilson and Officer Bramley, as well as
other officers who later arrived on scene, were equipped with Wilmington Police Department
issued body cameras, which were all in working order.

9. Upon arriving at 657 Owens Court, Officer Wilson and Officer Bramley made contact with
Mrs. Tremblay who was standing outside the residence on the sidewalk. It was still daylight and
the weather conditions were clear. A friend who was supposed to visit Mr. Tremblay arrived
during the 911 call and was with Mrs. Tremblay. Mr. Tremblay had left the back gate open for
him to come in.

10. Mrs. Tremblay confirmed to Officer Bramley that her husband was suicidal and armed inside
the house in the back left bedroom.
Summary Page 2

11. Officer Bramley inquired as to whether there was a phone they could contact Mr. Tremblay on.
Mrs. Tremblay told Officer Bramley that there was a house phone and Mr. Tremblay’s cell
phone was on the back deck. At that point Mrs. Tremblay and the family friend were moved to
a safe place in a nearby neighbor’s yard.

12. At 7:08 p.m., as Officer Wilson and Officer Bramley and other officers were positioning
themselves around the home, Mr. Tremblay exited the back of the residence onto the deck in
the backyard. Officer Bramley was positioned approximately 30 yards from Mr. Tremblay, on
the sidewalk side of the fence. Officer Bramley could clearly see Mr. Tremblay on the back deck
from the open gate. Officer Bramley ordered Mr. Tremblay to show his hands. Mr. Tremblay
refused and went back inside the residence.

13. Consistent with his training, Officer Bramley kept his defensive position behind the backyard
fence, while Officer Wilson and other Wilmington Police Department Officers established a
perimeter around the home.

14. At 7:09 pm, Mr. Tremblay exited the home again onto the back deck carrying a revolver in his
left hand. Officer Bramley was still located behind the backyard fence. Officer Wilson ran from
his position near the front of the home to take positon by Officer Bramley on the other side of
the open gate. Mr. Tremblay saw Officer Wilson and Officer Bramley from his position on the
deck. Officer Bramley ordered Mr. Tremblay to “Raise your hands! Get your hands up,” several
times.

15. At that point, Mr. Tremblay tossed the revolver onto the deck and pulled a semi-automatic
pistol out of the back of his shorts and faced Officer Wilson and Officer Bramley. Mr.
Tremblay racked the pistol while staring at Officer Wilson and Officer Bramley, ignoring their
commands to drop his firearm. Mr. Tremblay went back inside the house. Officer Bramley
reported to dispatch that Mr. Tremblay was armed with two guns, a revolver and a semi-
automatic pistol.

16. Seconds later, Mr. Tremblay came back outside onto the deck still holding the pistol in his right
hand, waving it in the air, yelling at Officer Wilson and Officer Bramley to shoot him.

17. Officer Wilson and Officer Bramley repeatedly ordered and plead with Mr. Tremblay to drop
his gun. Throughout the entire standoff, which lasted approximately eight minutes, Officer
Wilson and Officer Bramley ordered Mr. Tremblay to drop his weapon at least 70 times.

18. Officers on scene requested EMS at 7:11 p.m.

19. At 7:12 p.m., while engaged in dialogue with Mr. Tremblay, Officer Wilson requested non-lethal
force from dispatch. Non-lethal force is a non-lethal weapon used by specially trained officers
that is meant to immobilize a suspect using bean bags without causing serious injury or death.
Only an officer specially trained in the use of a non-lethal force weapon can operate the
weapon. One of those officers was dispatched to the scene but did not arrive until after the
shooting (which occurred three minutes later).

20. Mr. Tremblay yelled to Officer Wilson and Officer Bramley that his wife was divorcing him and
for them to “shoot him now.” Officer Wilson pleaded with Mr. Tremblay, telling him, “Sir, it’s
not worth it,” “There are other women,” and “It doesn’t have to be like this.”
Summary Page 3
21. Officer body camera footage continued to record Officer Wilson and Officer Bramley
repeatedly asking Mr. Tremblay to put down his weapon and trying to reason with him. It also
recorded other officers’ voices in the background ordering bystanders to move away from the
scene for their safety.

22. Officer Wilson and Officer Bramley continued to plead with Mr. Tremblay to drop his firearm,
while holding back behind the fence, keeping a safe distance between themselves and Mr.
Tremblay. Mr. Tremblay still did not comply, and started threatening the officers, holding his
gun in the air and yelling, “It ain’t going to happen,” “You wanna dare me asshole?” and “I can
end this deal in a heartbeat.”

23. Officer Wilson and Officer Bramley continued their efforts to reason with Mr. Tremblay.

24. Mr. Tremblay put his hands in the air, with the pistol still in his right hand and repeatedly said,
“Shoot me now.” Mr. Tremblay told the officers to shoot him at least five times. Officer
Wilson and Officer Bramley told Mr. Tremblay, “We don’t want to,” and “It doesn’t have to go
like this.”

25. At 7:15 p.m., Mr. Tremblay stood on the deck facing Officer Wilson and Officer Bramley. Mr.
Tremblay held the gun in his right hand in the air above his head.

26. Officer Wilson told Mr. Tremblay, “We are here to help you.” Those are the last words spoken
to Mr. Tremblay.

27. Mr. Tremblay yelled to Officer Wilson and Officer Bramley, “No you are not,” and “Shoot me
now, do it, do it!”

28. When Officer Wilson and Officer Bramley did not respond, Mr. Tremblay brought his firearm
down from its position over head and pointed it directly at Officer Wilson and Officer Bramley.

29. At that point Officer Wilson and Officer Bramley had the reasonable belief that their lives, their
fellow officers lives, and other innocent bystanders were in immediate danger. Officer Wilson
and Officer Bramley fired their weapons 11 and 6 times, respectively, striking Mr. Tremblay. He
landed on his back on the deck.

30. Pursuant to North Carolina General Statute § 15A-401 (d) (2), “A law enforcement officer is
justified in using deadly physical force upon another person only when it is or appears to be
reasonably necessary thereby to defend himself or a third person from what he reasonably
believes to be the use of deadly physical force.”

31. Officer Wilson, Officer Bramley, and other Wilmington Police Department Officers quickly
and carefully approached Mr. Tremblay, turned him over onto his stomach, and handcuffed
him. Officer Bramley and Officer Wilson immediately began administering life saving measures
on Mr. Tremblay. Officer Bramley performed CPR on Mr. Tremblay while Officer Wilson
applied a tourniquet. EMS arrived on scene and Mr. Tremblay stopped breathing moments
later.

32. Mr. Tremblay suffered multiple gunshot wounds, which originated from both Officer Wilson
and Officer Bramley’s firearms. One round was recovered from his groin and two rounds were
recovered from his chest.
Summary Page 4
33. A semi-automatic Smith and Wesson Model 39-2 9mm pistol was located on the deck below
Mr. Tremblay’s right hand. The pistol was loaded with five bullets.

34. A Smith and Wesson .357 magnum revolver was found on the deck under a glass table that had
been shot out by gun fire, along with Mr. Tremblay’s cell phone. The revolver contained one
spent round.

35. Wilmington Police Department Officers quickly conducted a safety sweep of the residence to
ensure it was unoccupied. A bullet hole was observed in the ceiling of the master bedroom, as
well as bullets in the master bedroom closet.

36. After the officers’ shots were fired the Wilmington Police Department immediately contacted
District Attorney Ben David, who arrived at the scene shortly thereafter.

37. As is standard procedure for officer-involved shootings, the Wilmington Police Department
and the District Attorney’s Office requested the State Bureau of Investigation (SBI) to conduct
an investigation.

38. Agents with the SBI arrived on scene and took over the investigation.

39. SBI agents secured a search warrant for the residence of 657 Owens Court, and the cell phones
of Mr. Tremblay and Mrs. Tremblay. The residence was searched and photographed, and all
relevant evidence was seized. Agents found two additional firearms inside the residence.

40. As is common practice, Officer Wilson and Officer Bramley were placed on paid administrative
leave pending the outcome of the investigation.

41. Autopsy results on Mr. Tremblay, including his toxicology results are still pending. Since the
whole encounter was caught on officer body cameras, those results will not have any affect on
our decision in this matter.

42. After reviewing the investigation conducted by the SBI, along with officer body camera footage,
it is clear that Officer Wilson’s and Officer Bramley’s actions were justified under the law.