This article was published under a content-sharing agreement between The Fayetteville Observer and Military Times.
A special operations officer who shot and killed a utility worker on private property in Moore County in May was found to be justified under the state’s Castle Doctrine, according to the Moore County Sheriff’s Office.
The findings of the sheriff’s office investigation into the death of Ramzan Daraev, 35, were released Monday in a statement posted to the office’s Facebook page.
Following the conclusion of the investigation, the statement said, a review of the case by the Moore County Sheriff’s Office and Moore County District Attorney found that the soldier, whose name was not released, was justified in shooting Daraev after he was found taking photographs on the soldier’s rural property as the sun was setting in Carthage on May 3.
“The homeowner’s actions were deemed justifiable under the North Carolina Castle Doctrine, which allows for the use of defensive force in situations where there is a perceived imminent threat to personal and family safety within one’s home or property,” the statement said.
The investigation also concluded that Daraev, an immigrant from Chechnya, was legitimately working for a utility contractor as part of Brightspeed’s fiber optic expansion in Carthage. At the time of the shooting, Daraev was wearing only a burgundy T-shirt, black shorts and flip-flops and was taking photos of a utility pole with a cellphone.
“Digital evidence confirmed that Daraev was taking pictures of power poles in the direction of the residence, which was reportedly perceived by the homeowner as taking pictures of the home and homeowner’s children,” the statement said.
The only identification he carried was an international driver’s license investigators found in a Chevrolet Spark parked nearby and registered to Daraev in Chicago, where he lived, the sheriff’s office said.
Officials also revealed that about two hours before the deadly encounter, a sheriff’s deputy spotted Daraev walking along power poles near an isolated field less than a mile from where the Dowd Road incident later occurred.
“Using a language translation app, the deputy questioned Daraev about his activities and requested that he move his vehicle,” the release said. ”Daraev provided his international driver’s license and explained that he was conducting utility work, although he had no utility attire.
“Finding no apparent violation of law, the deputy documented the encounter through dispatchers and released Daraev.”
The confrontation
According to the sheriff’s office and 911 recordings released shortly after the shooting, the soldier’s wife made two calls to dispatch — the first one being at 8:12 p.m. — to report her husband had confronted a man seen taking photographs on the family’s isolated property. She noted there was a language barrier and claimed Daraev was aggressive.
The sheriff’s office said the soldier was unarmed when he first spoke to Daraev.
“Unable to establish who Daraev was or why he was on the property, the homeowner asked him to leave,” the statement said.
At one point, the statement said, Daraev reportedly asserted “that he was a Chechen national who had served in the Russian military and fought in Ukraine, although investigators have been unable to establish Daraev’s prior foreign military status.”
The record states the soldier then retrieved a handgun from his home and went back to engage with the utility worker.
In a second call, at 8:25 p.m., the wife was more urgent in her request for officers.
“I really need the cops here. … We’ve got people on our property. Please hurry,” she pleaded.
As the dispatcher explained that officers were on another call — which the sheriff’s office said in its statement was a life-threatening medical call — the wife is heard in the recording speaking to someone on the scene.
“I need a rifle quick, get it quick!” she said.
She was then heard telling someone to go inside and shut the door.
“Ma’am, can you still see your husband?” the dispatcher asked.
“Yes, but he’s — please hurry,” the woman said. A moment later she added, “There are people, like, advancing on our property.”
Officials said the encounter turned deadly when Daraev reportedly became “agitated and lunged at the homeowner after repeatedly refusing to leave the property.”
“The homeowner reported firing several shots in response to Daraev’s advance. Under the North Carolina Castle Doctrine, the homeowner’s actions are protected, providing legal justification for using defensive force,” the statement said.
It would be 20 minutes after the first 911 call before deputies would arrive at the home.
By then, Daraev was dead from multiple gunshot wounds.
A petition on change.org seeking “Justice for Ramzan Daraev” said he was shot twice in the back, once in the hand and once in the face.
The petition says he was “killed in cold blood.”
The investigation
The Moore County Sheriff’s Office said its investigation included reviewing evidence collected at the scene, digital evidence, witness statements, the pattern of gunshot wounds and shell casings, business records and at least one interview with Daraev’s co-worker who was found in another vehicle parked near Daraev’s Chevrolet.
The department concluded Daraev was conducting legitimate utility work in the area.
“Daraev was employed by Cable Warriors, a subcontractor of Utilities One, and was conducting surveys as part of Brightspeed’s fiber optic expansion into the Carthage area of Moore County,” the statement said.
“Additionally, maps obtained related to Daraev’s intended work area included a power pole approximately 115 feet from the (soldier’s) residence, consistent with where the homeowner reported first seeing Daraev. Other recovered images indicated that it was common practice for this group to conduct utility work after dark with no evidence that any property owners were notified.”
The statement notes “other workers” in the utility industry told investigators that conducting utility work near dark on or near private property, “especially during non-emergency activities, without identifying clothing and without notifying the homeowner is not common practice.”
The statement also notes the sheriff’s office is continuing to assess the operational background of Utilities One and Cable Warriors, the subcontractor for whom Daraev was employed.
“Investigators are also reviewing digital evidence containing electrical infrastructure maps related to the utility expansion provided to employees from a Russian cloud server, which may provide further insights into the subcontractor’s activities,” the statement said.
The sheriff’s office said efforts to access Daraev’s cellphone continue to determine the nature of any photographs taken and that all materials in the case were available to the Federal Bureau of Investigation and the Army Criminal Investigation Division throughout the investigation.
“Additionally,” the statement said, “the Moore County Sheriff’s Office has requested an investigation by the Occupational Safety and Health Administration (OSHA) into the work practices surrounding this incident to ensure all safety protocols were followed, identify any potential violations, and promote safer work practices among utility workers.”
Editor’s note: This article was originally published as “Moore County Sheriff on why no charges to be filed against a soldier who shot utility worker” in The Fayetteville Observer. Military Times has edited the headline.
