McDowell News: Trooper cleared in shooting death of suspect that slashed him

Here’s the story:

A state trooper has been completely cleared of any wrongdoing in a shooting earlier this year that left a knife-wielding suspect dead.

The N.C. Highway Patrol conducted its own investigation into the actions of 24-year-old Trooper Andy Waycaster of Old Fort and announced in July that Waycaster had followed proper procedure. The patrol also requested an investigation by the N.C. State Bureau of Investigation. The SBI recently completed its examination of the case and turned their findings over to District Attorney Brad Greenway.

Greenway concluded Thursday that Waycaster’s use of deadly force was justified and that no charges would be filed against the trooper.

Sgt. J.H. Wingo II of the Highway Patrol stated in an earlier interview that Waycaster acted to save his own life.

“We all hate that it happened,” said the sergeant, “but our men and women are going to defend themselves. Everybody is responsible for their own actions.”

Shortly before 1:30 p.m. on Friday, March 14, Waycaster stopped a car on Sugar Hill Road on the Interstate 40 overpass. The driver, 22-year-old Daniel Boyd Cole Jr. of Marion, was speeding and not wearing a seat belt, according to Highway Patrol officials.

Waycaster smelled alcohol on Cole and learned that he had a restriction on his license that made it unlawful for him to have a blood-alcohol level of .04 or higher.

Cole voluntarily accompanied the trooper to the McDowell County Sheriff’s Office for a Breathalyzer test. Pursuant to Highway Patrol procedure, the suspect was seated in the front passenger seat of the cruiser and was unrestrained during the trip, according to Greenway’s press release.

A report previously released by the Highway Patrol stated that Waycaster searched Cole before seating him in the cruiser and removed a knife and knife pouch.

“Cole suddenly produced a folding razor knife which he used to repeatedly cut Trooper Waycaster,” the document stated. The suspect cut the trooper on his head, face, neck, arm and upper torso, according to previous reports.

“Trooper Waycaster stopped his vehicle in the highway and shot Cole with his service weapon as both were seated in the vehicle,” said the release. “Both Trooper Waycaster and Cole then exited the vehicle with Waycaster firing two additional rounds, neither of which struck Cole, before Cole fell or jumped from the overpass to the ground below.”