STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE TWENTY SIXTH PROSECUTORIAL DISTRICT (CHARLOTTE, NORTH CAROLINA ‘Mecklenburg County June 25, 2019 Captain Robert Dance Charlotte Mecklenburg Police Department 601 East Trade Street 3rd Floor (Charlotte, NC 28202 Re: James Hawkins Death Investigation, 2018-0115-1609-01 Dear Captain Dance: Pursuant to N.C.GS. § 7A-61, my office has reviewed the investigation surrounding the death of James Havskins under complaint number 2018-0115-1609-01. The purpose of this review was to ‘examine whether Rataba Hawkins’ actions on January 15, 2018 were unlawful ‘Based on the information presented for review: 1. Leonclude that the State of North Carolina could not prove, beyond a reasonable doubs, that Ratabe Hawkins did not actin sol-defense, 2. Thave no reason to believe that further investigation would yield any evidence of value ‘or have the possibility of changing my legal analysis ofthis mater. 3. concur with CMPD's decision not to charge Rataba Hawkins. FACTUAL REVIEW On January 15, 2018 at 4:05pm, a neighbor of James and Rataba Hawkins on Ashley Meadow Drive called 911 to report hearing shots fired. At 4:07pm, Rataba Hawkins called 911 and asked for police and Medic to come to 13334 Ashley Meadows Drive. Mrs. Hawkins told the operator: “My Jnusband reached for the knife, and I shot him.” CMPD responded to find Mrs. Hawkins alone in the home with Mr. Havkins. Mr, Hawkins was on the kitchen floor and was unresponsive. Near his body ‘nthe kitchen floor were a butcher knife, a pistol, and a plate of food, Charlotte Fire Department and "MEDIC arrived, and Mr. Hawkins was pronounced deeeased on scene, Mr. Hawkins sustained « gunshot‘wound to the neck and another gunshot wound thatthe Medical Examiner opined went through his right hand and into his abdomen, 1. Summary of Rataba Hawkins? Interview Rataba Hawkins was interviewed by CMPD on January 15, 2018 at 6pm. She and James Hawkins had been married for just under three years and had dated for two years before that, According, ‘o Mrs. Hawkins, their relationship had been marked by physical and verbal abuse by James Hawkins. Mars. Hawkins’ 17-year-old daughter from a former relationship, K.M., lived with them in the home. Mrs. Hawkins recounted that on the afternoon of Monday, January 15, 2018, Mr. and Mrs. Hawkins ‘were alone in their home. Mrs. Hawkins had slept on the couch the night before, which she said was not uncommon. She said she would do that ifshe wanted to watch TV at bedtime. Mrs. Hawkins said that Me. Hawkins insisted that wherever you are in the home, you always have a firearm nearby. He kept several in the house. On the ovemight of January [4 and 15,2018, Mrs, Hawkins kept her service firearm, 18 Glock 40 caliber, under the couch that she was sleeping on, Mrs. Hawkins stated that around 4pm on January 15, Mr. Hawkins was inthe kitchen doing, dishes, and Mrs. Hawkins was in the adjoining den sweeping up. They had had a party over the weekend, Mrs. Hawkins put her gun on the couch while she was sweeping, Mr. Hawkins had been drinking aleohol during the day. She recounted that he began arguing with her about her family and how she put her family before him. He said she was always taking everyone elses side and that he was “fucking tired of it” He said she never respects hin. He threw a beer botle anda glass towatd the living room, which was notin her direction, He told her that he had lost everything and had nothing else to lve for sine she was turning against him. According to Mrs. Hawkins, Mr. Hawkins grabbed a kitchen knife that was ‘near him and raised it and said, “Bitch, I'm going to fucking... At that point, she grabbed her pistol off the couch where she was standing and began firing at him. She recounted that she fired all the shots from the same position and did not pause between shots ‘Mas, Hawkins demonstrated how Mr. Hawkins was holding the knife and how she was holding hher gun. She used her left hand when demonstrating the knife and, a the same time, her sight hand when demonstrating the gun. When the detective noticed this and asked her which hand Mr. Hawkins held the [knife in, Mrs. Hawkins said she didn’t know. She sai that Mr. Hawkins wrote with both hands and thet se thought he shot guns with his right hand, The detective later confirmed that Mr. Hawkins shot guns ‘with his right hand. ‘An issue arose during the interview of Mes. Hawkins as to whether she was saying that Mr. Hawkins grabbed the knife or only reached for the knife. Mrs. Hawkins’ told the 911 operator: “My husband reached for the knife, and I shot him.” She used both words with the detective, and when challenged on the distinction, she sad the two words meant the same thing, Mes, Havskins stated that Mr. Hawkins fll tothe kitchen floor. She went to him and he wasn’t ‘moving. She found her phone and called 91. The operator walked her through what to do forthe injuries. ‘Mars. Hawkins recalled that she first used a towel to try to stop the Bleeding. She then grabbed a folded blanket and put it under him to try to stop the bleeding,Mrs. Hawkins said she took his words and actions to mean that he was going o kill her. She said that she felt like he was going to stab her and that she didn’t want to lose her life, She told the detective of a long history of abuse atthe hands of Mr. Hawkins, Several times during her interview, she blamed herself for arguing back with him, knowing he was drunk. She sid she had had a fear of being stabbed to death, and she Would rather him shoot her than stab her. Mrs. Hawkins thought he would stab her to ‘make her feel the pain, Mrs. Hawkins stated she had made a plan for K.M.'s well-being should anything, ever happen to her (Mrs. Hawkins). She described multiple prior incidents of verbal abuse and threats made by Mr. Hawkins. She described his controlling behavior and described his violence toward her. ‘She said he often drank alcohol, and she said that his behavior was much worse when he was drinking ‘She said that when he would go into a rage, it was a “dark” place and he would “lose i.” She said that KM, was go afraid of him that KM. had begun sleeping with a knife under her bed for protection, She and KM, have sought refuge elsewhere in the middle ofthe night multiple times. This was corroborated by K.M. and by a friend of Mrs. Hawkins. She sai she never called the police because she and Mf. Hawkins are Sheriff's deputies. Mrs. Hawkins said she as left Mr, Havskins a few times, the most recent time being a few months before his death, Mrs. Hawkins recounted several examples of prior verbal abuse and threats by Mr. Hawkins Which include: + “Lill never fucking leave you.” + “You talk too fucking much. This is why you make me do the things I do." ‘© “Ifyou would be a better wif, it would all be fine.” + “I you keep disrespecting me, you will not live to disespect me again,” This threat was few weeks before his death ‘Mrs. Havskins gave examples of prior controlling behavior by Me. Hawkins including: ‘+ Hedidn’t like her going places. He would at times follow her when she went somewhere ‘© He got angry when she spoke to other men, including the postal cari. ‘© He was jealous of her ex-boyfriend (who raised K.M. with Mrs. Hawkins) and of K.M.’s father, and did not want those men around ‘© He called her 25-30 times once when she was on a project with a female co-worker. Mrs. Hawkins discovered that he was nearby when he was calling her. Examples of his prior physical abuse and violence given by Mrs. Hawkins include: ‘© He has slapped her in the mouth, shaken her, bruised her arms, pushed her into a wall, pulled her hair, and kicked her in the shin. ‘At the apartment they lived in before their current house, during an argument, he fired @ {gun in the bathroom, which backed up tothe room where Mrs. Hawkins and KM, were hiding from him, The bullet went through the bathroom wall and into K.M.'s closet. They [put up a new bathroom mirror up to cover one bullet hole. They patched the bullet hole inthe closet. This incident was corroborated as detailed below. ‘© He punched holes in wooden doors. ‘© He jerked the rear view mirror off while they were in the ear, and he eracked the ‘windshield with it. They then picked KM. up at School. KLM. was so fearful of his eurrent state of mind that she secretly called 911 on him while he and Mrs. Hawkins went inside