in the Court of Appeals 9 March 2017.
by Defendant from judgments entered 9 February 2016 by Judge
Hugh B. Lewis in Mecklenburg County Superior Court
Mecklenburg County, No. 14CRS20599, 20600.
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Lars F. Nance, for the State.
Petersen for the Defendant.
Cook ("Defendant") appeals from two convictions for
felonious assault with a firearm on a law enforcement
officer. For the following reasons, we find no error in
February 2015, uniformed officers executed a search warrant
at Defendant's residence while Defendant was upstairs in
his bedroom. Defendant's family members resisted as the
officers gained entry and secured the downstairs.
officers proceeded upstairs, announcing that they were there
to serve a warrant. One officer encountered Defendant's
closed bedroom door. The officer announced that he was a
police officer and that he was going to kick in the door. The
officer's foot went through the door on the first kick.
Defendant fired two gunshots from inside the bedroom through
the still-unopened door and the drywall adjacent to the door,
narrowly missing the officer.
officers eventually entered Defendant's room where they
found a shell casing and noticed an open window. Officers
followed footprints in the snow below the open window and
found Defendant barefoot and wearing undershorts. Defendant
was taken into custody. A handgun was recovered near the
residence with DNA that matched Defendant's DNA profile.
jury found Defendant guilty of two counts of assaulting a law
enforcement officer with a firearm. Defendant timely
sole argument on appeal, Defendant contends that the trial
court erred by denying his request for a self-defense
instruction. He argues that he was entitled to the
instruction based on his testimony which tended to show that:
• Defendant was asleep when the officer arrived at his
• His girlfriend woke him up, he heard loud banging on
his bedroom door and saw a foot come through the door "a
split second" after waking up.
• He did not hear the police announce their presence but
did hear his mother and brother "wailing"
• He was "scared for [his] life . . . thought
someone was breaking in the house . . . hurting his family
downstairs and coming to hurt [him] next."
• He stated that when he fired his weapon he had
"no specific intention" and was "just