Update on the shooting in Cherokee County resulting in a death

On October 24, 2009 Gregory Abernathy, age 24, of Grindstone Road, Murphy, NC
died as a result of being shot by James Reeves McKinley of Boiling Springs
Road, Murphy, NC.  The Cherokee Sheriff Office began an investigation of
this case on October 24, 2009 within minutes of the shooting and death.
Sheriff Keith Lovin and District Attorney Mike Bonfoey met on Monday November 2, 2009 to review the evidence produced by the investigation. Investigating
Deputies and two Assistant District Attorneys also attended the meeting to
review the evidence.

The evidence in the case as reported by the investigators is as follows:
James McKinley and his wife Carolyn McKinley own a home and tract of land
located at 4596 Boiling Springs Road, Murphy, NC. The McKinley property was posted with No Trespassing  signs. The access to the McKinley driveway from the pubic highway was blocked by a locked gate. James McKinley is 57 years old. Carolyn McKinley is 53 years old. On October 24th the McKinleys were at their home at approximately 11:12 PM. At 11:12 PM or approximately a few minutes earlier, Gregory Abernathy drove his ATV Four-wheeler under the locked gate and onto the McKinley property. Christy Jenkins was a passenger on Abernathy’s vehicle. Abernathy drove the vehicle through the locked gate and onto the McKinley property and up a road farther into the McKinley property.
James McKinley from the porch of his home fired shots into the air with his
rifle. At approximately the same time Carolyn McKinley called the Cherokee
County 911 dispatcher. The 911 call was received by the dispatcher at 11:12
PM. Carolyn McKinley stated that a person or persons were trespassing on her
property and she requested that an officer be sent to her home. At 11:14 PM
Cherokee County Deputy Helen Bradbeer was dispatched to answer the McKinley
call. Deputy Bradbeer received the dispatch communication and proceeded to the
McKinley property. Carolyn McKinley then drove her vehicle down to the locked
gate and unlocked the gate in order to allow the Deputy to enter the property.
The McKinley home is approximately 1/2 mile from the public highway. Gregory
Abernathy and Christy Jenkins stopped the vehicle on the McKinley property
some distance from the McKinley house and driveway and then they got back on
the vehicle. Abernathy drove the vehicle down the McKinley road and then up
the McKinley driveway towards the McKinley home where James McKinley was
standing with his rifle. Abernathy drove the vehicle towards James McKinley.
McKinley backed up his driveway towards his home. Abernathy stopped the
vehicle and immediately jumped off the vehicle and started yelling and
advancing towards the McKinleys. Carolyn McKinley was telling Abernathy and
Jenkins to leave, that they were on private property. James McKinley told
Abernathy to leave. Abernathy continued to come towards McKinley and Abernathy
pushed McKinley backwards.  Abernathy grabbed at McKinleyピ rifle and at some
point grabbed the end of the rifle barrel and attempted to take the rifle from
McKinley. Christy Jenkins observed what was happening and she ran to hide when
she saw Abernathy advance on McKinley and reach to grab the rifle. There was a
struggle over the rifle. James McKinley was struck in the head by Abernathy
with Abernathyピ helmet. Abernathy grasp of the rifle was broken and McKinley
fired his rifle at least twice. Abernathy received two bullet wounds in his
left side and immediately fell to the ground.  Carolyn McKinley called
Cherokee County 911 again and reported the event at 11:33 PM and requested
help.  At 11:43 PM Cherokee County Deputy Bradbeer arrived at the McKinley
property and secured the scene. Abernathy died at the scene.  The preliminary
report of the investigator that attended the autopsy of the decedent indicated
that the autopsy doctor stated that either gunshot would have caused death.
The bullet entrance wounds were located on the decedentピ left side. A final
autopsy report including toxicology report is pending.

Based on the facts as outlined above and after thorough review and
consultation with Sheriff Lovin and his investigations involved in this case,
no charges will be sought against James McKinley. All of the events occurred
on the property of James and Carolyn McKinley. Neither James nor Carolyn
McKinley was the aggressor in this case. Abernathy drove onto posted, private
property. Abernathy aggressively went towards the McKinleys despite being told
to leave their property. Abernathy attempted to take the rifle from McKinley.
Abernathy assaulted McKinley with his helmet. If a person is not the aggressor
and he is in his own home or on his own premises he may stand his ground and
repel force with force regardless of the character of the assault being made
upon him. In this case the evidence is that James McKinley was defending his
home, defending his wife and defending himself.  In such a situation criminal
charges are not sustainable.