Watch CBS News

Police: Man Shot By Officer Had Rifle, Ignored Commands

SILVER SPRING, Md. (AP) — A Maryland man who was shot and killed by police was armed with a rifle and ignored commands to show his hands and get on the ground when officers entered his home, police said in a statement Tuesday.

The Montgomery County Police Department's statement on an officer's fatal shooting of 21-year-old Duncan Socrates Lemp contradicts an eyewitness account cited by an attorney for Lemp's family last Friday. The eyewitness said Lemp was asleep in his bedroom when police opened fire from outside his house in Potomac, Maryland, a suburb of Washington D.C., the family's attorney, Rene Sandler, said last Friday.

Police disputed that account. The department says tactical unit officers who entered Lemp's home around 4:30 a.m. last Thursday to serve a search warrant announced themselves as police and gave Lemp "multiple orders" to show his hands and comply with commands to get on the ground.

"Lemp refused to comply with the officer's commands and proceeded towards the interior bedroom door where other officers were located," the police statement says. "Upon entrance by officers into the Lemp's bedroom, Lemp was found to be in possession of a rifle and was located directly in front of the interior bedroom entrance door."

The department's statement does not specify when Lemp was fatally shot.

Authorities found a device designed as a "booby trap" affixed to the inside frame of Lemp's bedroom door, police said. The device was intended to fire a shotgun shell at anyone entering the door, according to police.

"After officers entered the bedroom, the other occupant of the room warned the officers to be careful of the device rigged to the exterior door. Statements from other occupants of the residence indicated they were aware of the dangerous device on the door," police said.

Sandler said she planned to issue a written response to the police department's statement later Tuesday. Last Friday, she said police could have "absolutely no justification" for shooting Lemp based on what she has heard about the circumstances.

"The facts as I understand them from eyewitnesses are incredibly concerning," Sandler said.

Detectives obtained a "no-knock" warrant to search the home Lemp shared with his parents and 19-year-old brother after receiving an anonymous tip that Lemp was illegally possessing firearms, police said. Lemp had a criminal record as a juvenile that made it illegal for him to legally possess or buy firearms in Maryland until he turned 30, according to police.

The "other occupant" in Lemp's bedroom indicated that he slept with a rifle every night, police said.

"Contrary to some information reported to the media, the same occupant also indicated that Lemp was out of the bed and standing directly in front of the interior bedroom door at the time the officers made entry into the bedroom," the police statement says.

Police detectives recovered three rifles and two handguns from the home.

The officer who shot Lemp was placed on administrative leave, a standard procedure after police shootings.

Lemp's relatives said the search warrant does not mention any "imminent threat" to law enforcement or the public.

"Any attempt by the police to shift responsibility onto Duncan or his family, who were sleeping when the police fired shots into their home, is not supported by the facts," the family said in a statement released by their lawyers last Friday.

Sandler said the family believes police fired gunshots, not a flashbang or other projectile, from outside the home, including through Lemp's bedroom window, while he and his girlfriend were sleeping. Nobody in the home heard any warnings or commands before police opened fire, she said.

"There is no warrant or other justification that would ever allow for that unless there is an imminent threat, which there was not," Sandler said.

Lemp was white, according to Sandler. She did not know the race of the unidentified officer involved in the shooting because she said the officers were wearing masks.

"We believe that the body camera footage and other forensic evidence from this event will support what Duncan's family already knows, that he was murdered," the family's statement says.

Police statements haven't addressed whether there are any body camera videos of the shooting.

(© Copyright 2020 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.