Search warrants filed after a man was shot and killed last week reveal details of the moments leading up to the shooting.
Andrew Carlos Smith, 28, of 2035 Sunnyside Drive, was charged with murder after police say he shot and killed Lawrence Ervin McGee, 47, of 5193 Old N.C. 18 in the ealy morning hours of July 22, according to a previous News Herald article.
Smith told reporters the shooting was in self-defense, and said that McGee had been trying to run him and his friends over with a four-wheeler before the shooting, the article said.
A witness told police that someone sent a text message to Smith’s phone trying to get in contact with someone Smith was with. The message said someone was trespassing on Smith’s friend’s property, according to the search warrants filed.
That led Smith and three others, including the property owner, to drive to the property where the shooting took place, the warrants said. When they got there, the witness said a man, later identified as McGee, riding an ATV sped past them on the dirt road just before reaching the RV that one of their friends was living in.
McGee allegedly started “‘ringing doughnuts’” in the yard and road at the residence. The witness told police that they asked what McGee wanted, to which he said “something about needing his money,” a warrant said.
McGee drove by the car again the witness said, and Smith and two other men got out of Smith’s car to ask McGee what his problem was. When they did, the witness said McGee revved the ATV’s engine and drove toward the men, hitting two of them, the warrant said.
The witness said McGee told the witnesses that he wouldn’t leave until they were all dead and drove toward Smith on the ATV. Smith, who had a concealed carry permit at the time of the incident, fired several shots from a handgun he had on his person, the warrant said.
During an interview with Burke County Sheriff’s Office investigators, Smith waived his Fifth Amendment rights. When asked about illicit drug use, Smith said he used a number of substances including Molly, methamphetamine, ecstasy and CBD oil/THC or marijuana, the warrant said.
When asked if he would pass a drug test, Smith initially said he would, but declined to submit to a drug test administered by the sheriff’s office, the warrant said. Smith then explained that he would fail a drug test for the illicit substances he listed.
Smith appeared in court last week and requested court appointed counsel. He is being held under no bond at Burke-Catawba District Confinement Facility and has a probable cause hearing set for Aug. 7.