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In a decision announced on Wednesday , special investigator Chuck Spahos concluded that the fatal October 2023 shooting of Manteo resident Sylvester Demetrius Selby by Dare County Sheriff’s Deputy Francis Glaser III “was indisputably tragic, but it was not unlawful.” No charges will be filed in the case.
The decision also concluded “that the force used by Deputy Glaser was authorized by G.S. 15A-401 (d)(2)(a) to defend himself” and another office at the scene from the “imminent use of deadly physical force by Mr. Selby.” According to the account of events compiled by Spahos, Selby was charging and lunging at the officers with a knife when he was fatally shot.
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Spahos was appointed as the prosecutor to investigate that case after Dare County District Attorney Jeff Cruden recused himself, stating that his relationships with both parties involved in the incident created a “potential conflict of interest.”
The fatal shooting of Selby occurred on Oct. 2 and on Dec. 7, his family filed a lawsuit naming Glaser, as well as Dare County Sheriff Doug Doughtie, as defendants. The claims being brought include a federal constitutional claim, Wrongful Death and Battery and Assault against the named defendants.
In a response to the Spahos decision, Selby family attorney Harry Daniels said, “I’m not surprised,” noting that it is rare when prosecutors make the “bold” move to take these kind of cases to the grand jury. “We wholeheartedly disagree with Special Prosecutor Spahos, not just on the conclusion, but on the facts.” He also asserts that Selby was not wielding a knife at the time the fatal shots were fired.
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Daniels cited the fatal 2021 shooting of Andrew Brown Jr. in Elizabeth City by Pasquotank County Deputies, who were not charged in the shooting. Brown’s family did receive a $3 million settlement in the case. Daniels also indicated that there is a court session on March 13 to hear preliminary arguments on the Selby family lawsuit.
The Dare County Sheriff’s office had no comment on the matter.
For a full "summary of the findings and decision" made available from Spahos's office, visit The Outer Banks Voice.
