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By ESTES THOMPSON, Associated Press Writer

WILMINGTON, N.C.- A sheriff's deputy was charged with second-degree murder in the shooting of an unarmed teen accused of stealing two Sony PlayStation 3 video game consoles, authorities said.

Cpl. Christopher Long, 34, opened fire during a police raid at Peyton Strickland's home after he mistook as gunfire the sound from the officers' use of a battering ram to knock down the door, District Attorney Ben David said in court.
Strickland, an 18-year-old college student, was struck in the head and near his right shoulder, an autopsy found.
Defense attorney Michael McGuinness said that Long made a split-second decision and that the shooting was "within the course and scope of his official duties."
A 12-year veteran of the sheriff's office, Long was fired last week after the Dec. 1 shooting. An investigation cleared two other deputies of any wrongdoing, David said.
"This indictment is an important first step in holding accountable everyone responsible for Peyton's death _ but this is only a first step," his parents, Don and Kathy Strickland, said in a written statement. "None of these actions can bring Peyton back to us, but perhaps they can save someone else's child."
Peyton Strickland and two friends, Braden Riley and Ryan Mills, were accused of beating a student at the University of North Carolina at Wilmington and robbing him of two PlayStations, each costing more than $600. Riley and Mills have pleaded not guilty.
The deputies and university police served the search warrant.
"When the ram hit the door, he thought it was gunfire," David said, referring to Long. "His belief that there was gunfire coming from the inside out was not shared by others."
Strickland, a college student, didn't have a weapon, David said. One of Strickland's roommates said he may have been holding a video game controller when he went to the door.
According to search warrants, authorities believed they would be at high risk when entering the home because of pictures on the Internet that showed Mills posing with guns, and police said they had information that Mills was known to carry a weapon. His friends said the photos were a prank.
Superior Court Judge Ernest Fullwood reduced Long's secured bond from $250,000 to $50,000.


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Charge dismissed in PlayStation shooting

By ESTES THOMPSON, Associated Press Writer

RALEIGH, N.C. - Officials rescinded a murder charge Tuesday against a sheriff's deputy accused of shooting an unarmed teenager who authorities believed had stolen video game consoles, after a grand jury foreman said he had checked the wrong box on the indictment paperwork.

The dismissal came a day after New Hanover County District Attorney Ben David announced the second-degree murder charge against Cpl. Christopher Long, 34.
David said Monday that the sheriff's deputy opened fire as police raided the home of 18-year-old Peyton Strickland, who police believed stole two Sony PlayStation 3 video game consoles from a college student in Wilmington.
The grand jury foreman told a court Tuesday that he checked the wrong box on the indictment form by mistake, according to an order signed Tuesday by Superior Court Judge Ernest Fullwood. The foreman learned about the mistake after other jury members heard about the mistake from media reports.
A copy of the indictment filed as evidence Tuesday shows a checked box for a "true bill" of indictment crossed out, with a heavy mark made through "not a true bill," followed by what appears to be the foreman's initials and Tuesday's date.
When a grand jury wants a murder indictment, it returns a "true bill." When it decides it does not want to issue an indictment, it returns "not a true bill."
"It was the kind of mistake you and I make in the world of forms," said Long's attorney, Mike McGuinness. "We check the wrong boxes."
The development drew a quick reaction from Strickland's family, which demanded an investigation.
"Yesterday, our son's murderer was going to have to answer for what he did," Don and Kathy Strickland said in a statement. "Today, we just don't know what is going on in Wilmington. We are upset, confused and searching for answers."
David did not return a call seeking comment. It was not immediately clear whether the error would prevent prosecutors from refiling charges against Long, a 12-year member of the sheriff's office who was fired last week after the Dec. 1 shooting.
McGuinness said there is no need for prosecutors to reconsider the case because the grand jury has already "made a substantial decision" not to charge Long with murder. The only mistake was in reporting that decision, he said.
Authorities had accused Peyton Strickland and two friends of beating a student at the University of North Carolina at Wilmington and robbing him of two PlayStation 3s, which have been in high demand since going on sale last month. The friends, Braden Riley and Ryan Mills, have pleaded not guilty.
Police believed they would be at risk when serving the search warrant, and used a police battering ram to break down the door. Long opened fire, hitting the unarmed Cape Fear Community College student in the head and near his right shoulder, an autopsy found.
David said Monday that Long believed he heard gunfire when the battering ram hit the door, a belief his fellow officers, who did not fire, did not share.
"He based his decision on his law enforcement training," McGuinness said Tuesday. "The fact that he shot was not a mistake. It was based on his belief that he was being fired upon."

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