The Guilford County District Attorney's Office says it will not be filing criminal charges against Greensboro Police in the death of Marcus Deon Smith.
In a letter released Friday, written to Greensboro Police Chief Wayne Scoot, former District Attorney Doug Henderson wrote:
"The overwhelming showing based on all of the investigative materials presented to this Office demonstrates that these officers meant to help and not hurt Mr. Smith. The loss of this life is tragic, but there is no evidence to substantiate a criminal act."
This all stems from an incident back on September 8th, 2018. Greensboro Police say Marcus Deon Smith was "suicidal" and "disoriented" and running in and out of traffic in downtown Greensboro. The press release from September says while officers were attempting to transport him for mental evaluation, the subject became combative and collapsed. Both EMS and on-scene officers began rendering aid and Smith was transported to a hospital where he later died.
Body camera video released in November showed the encounter. Police restrained Smith using a RIPP hobble device, sometimes referred to as a hogtie. Police have maintained they've done everything in accordance to their training and regulations.
Smith's autopsy showed his death was ruled a homicide, according to the Office of the Chief Medical Examiner (OCME). It also revealed Smith died of cardiac arrest due to restraint. The report also indicates that Smith had ecstasy, cocaine and alcohol in his system at the time of the death and that he also had an underlying heart problem.
Keep in mind, a ruling of "homicide" by the OCME does not indicate anything criminal. According to the SBI, "homicide" helps differentiate between a natural cause of death and a death caused by something else. It doesn't mean that there was any wrong-doing or negligence. It also doesn't mean that there wasn't. That's up to the District Attorney's Office.
The letter from DA Henderson to Chief Scott was dated December 28, 2018. He ended it by saying the matter should be considered closed.
Since the incident, Chief Scott has elected to modify the application of the RIPP Hobble device used to restrain individuals, while police continue to review the use of this method of restraint.
Smith's family was hoping for a different outcome. Since Smith's death, they called on the City multiple times to release body camera footage and hold the officers involved in the incident accountable.
The footage was released in late November at Chief Scott's request and approval by a judge.