UPDATE: The homeowner will not be charged by authorities, the Mecklenburg District Attorney announced today per the following press release:
On August 22, 2009, 76 year old C.L. McClure was sitting in his basement room cooling off after cutting his yard. At approximately 12:30 in the afternoon, he saw a young black male walk past the door of this room. He thought it was his grandson coming by to see him. When he didn’t come into the room, Mr. McClure walked to the door to see what he was doing. He was greeted by a young man with his face covered and armed with a weapon.
Mr. McClure was told to get on the ground. He was duct taped and robbed of cash and jewelry. Another man entered into the basement as well. Mr. McClure was asked who and what was in the main house. Mr. McClure told them his wife was upstairs and to please not hurt her. One man left the other stayed. Mr. McClure’s wife was also a victim of this home invasion when they entered the home and took items from there as well.
After a brief period, the other man left and Mr. McClure got off the ground, retrieved a gun he had in the basement, and went to check on his wife. He saw a number of young men running from his house into the woods. From previous break-ins at his residence he believed that the robbers were running to a vehicle on the other side of the woods. His wife told him she was okay and he got into his vehicle. His intention at that time was to get to their car before they did and to shoot out the tires to immobilize their car until the police arrived.
As Mr. McClure approached the area where he thought a car might be parked, there was no car, and instead he saw all the young men running towards him. At this point he fired a shot in the air in an attempt to scatter them away from him and his vehicle and back into the woods. Instead, they kept running towards him. Some passed in front of his car and some behind. As Marcus Fluker passed his car he began to turn towards Mr. McClure. McClure, an Army veteran, had identified the weapon pointed at him at his house as some type of automatic weapon. When Fluker turned towards him he thought he was about to get “sprayed” by fire from this automatic weapon. He fired at him. McClure did not know if he struck him because Mr. Fluker turned back around and continued to run. At this point, McClure no longer felt in danger and did not fire his weapon again.
After the police arrived they went with Mr. McClure into the apartment complex where the individuals had been last scene. At this point, it was learned that Marcus Fluker had been struck by a single gunshot wound. At the place where he was found there was no gun. This location was not secure until the police arrived.
The investigation of this case recovered two firearms taken from Mr. McClure’s home and it is clear that Mr. Fluker was one of the individuals involved in the home invasion robbery. As a result of these events, Mr. McClure’s 70 year old wife suffered a heart attack.
In making a decision as to whether to charge Mr. McClure in this case, the District Attorney’s Office has considered all of the above facts as well as the law of self defense.
The only eyewitness to this shooting is Mr. McClure. The physical evidence corroborates what he told detectives. His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self defense. Mr. McClure believed that his life was in danger and fired in self-defense. It is the burden of the State in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self defense. The State cannot meet that burden in this case as it appears from all the credible evidence that Mr. McClure feared for his life.
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The Charlotte-Mecklenburg Police Department is investigating a home invasion/robbery which resulted in a homicide. The victim has been identified as 15-year old, Marcus Antonio Steven Fluker.
At 12:41 p.m., North Tryon Division officers responded to a home invasion robbery where four suspects broke into a home at 7619 Grier Road.
An elderly couple was inside the residence when the suspects broke in, tied up the male victim and then proceeded to ransack the house. At least one of the suspects was armed with a handgun.
After the suspects fled the scene on foot, the male victim freed himself, had his wife call 911 and then went to look for the suspects.
A few minutes later and a short distance away, the male home invasion victim encountered the suspects on Ginger Lane. The victim fired a handgun at one of the suspects, striking Mr. Fluker at least once.
At 12:44 p.m., CMPD telecommunications received a call in reference to the shooting which took place on Ginger Lane. When officers arrived on scene, they located Mr. Fluker lying on the ground suffering from an apparent gunshot wound. The Charlotte Fire Department and Medic arrived on scene, treated Mr. Fluker and transported him to CMC where he was pronounced deceased shortly after arrival.
Officers detained the victim of the home invasion robbery shortly after the shooting and transported him to police headquarters. The individual responsible for the shooting on Ginger Lane is the victim from the home invasion robbery.
Detectives with the Homicide Unit, ADW Unit, Robbery Unit, Gang and Firearm Enforcement Unit and officers with the North Tryon Division conducted a neighborhood canvass. Crime Scene Search was on scene as well collecting physical evidence and photographing the scene.
Homicide Detectives are working closely with the Mecklenburg County District Attorney’s Office to determine if any charges will be filed against the victim of the robbery who shot Mr. Fluker.
Three suspects are in custody in connection to the home invasion robbery. Their names and charges are as follows:
** Joseph Graves- Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Matthew Everett Morgan- Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Tahjaue Wiley- Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery.
Anyone with information about this incident is asked to call 704-432-TIPS and speak directly to a homicide detective. In addition, you may also call Crime Stoppers at 704-334-1600.
