Waynesville police cleared in standoff shooting

Apr. 24—Court documents have revealed new details that indicate an officer's use of force in a three-and-a-half-hour Waynesville Police standoff in the Ninevah community last September was justified.

Daren Tate, now 45, barricaded himself inside of a home following a short shootout with police, leading to the hours-long standoff on the residential street. Waynesville Police Officers Josh Williams and Ian Miller were the first to arrive at Tate's home. When they were shot at, Williams returned fire.

As is the case of any officer-involved shooting, the incident was turned over to the State Bureau of Investigation. The SBI has now concluded the shooting was justified, according to Waynesville Police Chief David Adams.

Forensic evidence collected from the scene corroborates those findings, according to court documents listing items confiscated from Tate's house when a search warrant was executed.

A rifle, ammunition and spent casings were recovered from the scene. In addition, a police cruiser showing signs of damage from a projectile.

Unspent shell casings, clothing, shoes, an air rifle, a cell phone and a gas canister were also recovered in the search.

A Haywood EMS report states that Tate suffered two gunshot wounds — one to his right hand on the thumb and palm, and one to the upper right quadrant of his abdomen. The abdominal injury showed no sign of an exit wound.

EMS records typically fall under patient confidentiality, but it had been made available in the court file due to a search warrant.

While there were two separate injuries, it is possible they both came from the same shot while officers were returning fire.

Chain of events

Dispatchers received the original 911 call around 2:45 p.m. Sept. 7 from a man in a nearby apartment complex alleging that Tate had fired at him.

There was also a call from a woman on Crymes Cove Road alleging Tate had fired two shots in her direction and that she believed she knew the suspect's address.

"Officer Miller and Officer Williams drove around the area looking for a male walking with no luck," according to a probable cause affidavit written by Waynesville Police Lt. Tamara Vander Day.

When the officers arrived in separate vehicles, they didn't see the suspect walking anywhere. They then attempted to visit the address given and found a shirtless Tate sitting on the porch with what appeared to be a rifle in his lap, according to a probable cause affidavit.

"The male appeared to have a rifle on his lap. When Officers Miller and Williams stepped out of their vehicles, the male stood up and aimed the rifle at Officers Miller and Williams and shot multiple times. Officer Miller jumped back toward his vehicle and Officer Williams backed up, drew his pistol and shot toward the male subject," Vander Day stated in court documents.

At least one shot hit a police cruiser, according to court documents.

Tate's indictment alleges that he shot at the officers with a .22-caliber rifle.

Williams said "that the male subject was in his sight picture but was unsure at the time if any of his shots made contact with the male," according to court documents.

A shelter-in-place alert was sent out to neighbors, as Waynesville's Special Response Team responded to the scene. They were also assisted by the Haywood County Sheriff's Office and N.C. Highway Patrol.

An hour into the stand-off, power was cut to the street. Officers attempted to reach Tate during this time with the use of a public address system, even bringing Tate's mother in to speak to him for a time.

Officers then attempted to use gas to flush Tate from the home, which did not work. Finally, a team went in with K-9 dogs to retrieve Tate.

Inside the house, officers found Tate in a bedroom under a blanket with the aforementioned gunshot wounds, according to court documents.

Life-saving measures were provided on the scene before he was transported via a waiting ambulance to Mission Hospital in Asheville for treatment.

Tate was indicted on charges of discharging a firearm into an occupied residence, two counts of assault with a deadly weapon with intent to kill and two counts of assault with a firearm on a law enforcement officer.

He remains in the Haywood County Detention Center.