COMMONWEALTH OF VIRGINIA

COMMONWEALTH’S ATTORNEY FOR WISE COUNTY & THE CITY OF NORTON

C.H. “Chuck” Slemp, III The Courthouse, Suite 123
Commonwealth’s Attorney P.O. Box 69, Wise, VA 24293
www.wisecwa.com P: 276-328-9406 F: 276-328-5234

May 25, 2021

Special Agent Jeremy J. Kite

Virginia State Police
Bureau of Criminal Investigation
Lebanon, Virginia

RE: Investigation of the May 7, 2021 Officer-Involved Shooting of James D.

Buckland

Dear Special Agent Kite:

In accordance with established practice, my office has conducted an independent review of the
officer-involved shooting by City of Norton Officers on May 7, 2021. The independent review of
the shooting of James D. Buckland has now been completed. Applying the facts from the
investigation to applicable Virginia law, criminal charges will not be filed against the officers who
discharged their weapons. Attached hereto are the findings of my office after a careful analysis
and detailed review of the entirety of the Virginia State Police Investigative File into this matter.

To be clear, I have concluded that the officers involved in the shooting, namely Chief James
Lane and Sgt. Jason McConnell, were justified in their actions. They acted in an appropriate
manner in accordance with the laws of the Commonwealth of Virginia.

Please note that I have already found that the action of Mr. Buckland on that date was not
justified and constituted various criminal violations. Charges against Mr. Buckland are pending.
Please let me know if you have any questions.

Thank you for your attention to this matter.

Very truly yours,

Charles H. Slemp, III

 OFFICER INVOLVED SHOOTING
Factual and Legal Analysis

Date of Event:

May 7, 2021

Finding:

The Office of the Commonwealth’s Attorney for Wise County and the City of Norton hereby finds
that the officers involved in this shooting to be justified in their actions. When an individual
threatened the officers with death or serious bodily harm and inflicted serious bodily harm upon
one of the officers, they acted in an appropriate manner in accordance with the laws of Virginia.

Action:

The Office of the Commonwealth’s Attorney for Wise County and the City of Norton shall
immediately conclude its investigation into this matter and recommend that both officers return
to duty as soon as they are medically able to do so.

The Facts:

The facts of this incident are clear based upon the body worn camera of both officers, the
officers’ voluntary written statements, and the statements of independent witnesses.

On May 7, 2021, the Norton City Police Department received a shoplifting complaint at Walmart,
which is located within the City of Norton. Walmart loss prevention officers reported that a
Facts arehad
female redacted.
committed shoplifting and was allegedly accompanied by a male subject, but the
two had fled the store. Norton City Police Chief James Lane, Sgt. Jason McConnell, and Officer
Brian Skeens responded to the shopping center.

At approximately 4:13 p.m. Chief Lane was stationary at the Murphy’s Express gas station when
he noticed a subject standing in the grassy area near Hawthorne Drive and the Murphy’s
Express. The subject was then observed walking across Hawthorne Drive and toward the
shopping center, up a grassy hill. Instead of continuing along a paved entrance, the subject
walked up the grassy hill. Chief Lane then drove his vehicle to the south entrance ramp that
leads to the shopping center and sounded his siren for a split second to get the subject’s
attention while he was walking up a grassy hill. Chief Lane stated that it was his intent to speak
with the subject. The subject was male and was wearing a pouch about his waist.

At approximately 4:13:30 p.m. the subject, now identified as James D. Buckland, began walking
down the hill and towards the front of Chief Lane’s police vehicle. Suddenly, Buckland produced
a semi-automatic pistol from the pouch and began firing his weapon at Chief Lane through the
front windshield of the police vehicle. Chief Lane was hit several times by Buckland’s shots.
Chief Lane then exited the vehicle at approximately 4:13:36 p.m. to take cover or distance
himself from the shooter. He tried to stand up, but collapsed from the gunshot wounds.
Buckland was in front of the police vehicle at this time.

At approximately 4:13:40 p.m., Buckland can be seen on Chief Lane’s body-worn camera video
footage holding his weapon in his hand. At that time, Chief Lane retrieved his weapon while
seated on the ground 5-6 feet from the side of his vehicle. Chief Lane said in a voluntary
statement, “My right arm was in excruciating pain but I knew that if I was not able to keep
Buckland away from me that he would try to kill me.” Chief Lane said that he pointed his
weapon at Buckland “trying to keep him from shooting me again.” Chief Lane also said, “When
Buckland appeared in front of the vehicle with his weapon, I fired in self-defense.”

From approximately 4:13:40 p.m. until 4:14:52 p.m., Buckland moved from the front of the
vehicle to the back of the vehicle in what appears to be an attempt by Buckland to gain a tactical
advantage in the gunfight. At approximately 4:14:00, Buckland entered the police vehicle from
the passenger side. Buckland is not able to move the vehicle despite putting it in reverse and
attempting to engage the engine.

Chief Lane, who is still injured and sitting on the ground at this time, then attempts to crawl
away from the vehicle. Chief Lane said that he could “hear Buckland trying to get the AR-15
released from the cradle [inside the vehicle]” and that he was “extremely worried for myself, any
officers who may be responding and the public [that Buckland might be] able to get the AR-15
out of the locked cradle.”

At approximately 4:14:23 p.m. Buckland exits the front passenger door of the police vehicle. As
Buckland approached Chief Lane from the passenger side rear of the vehicle, Lane fired his
weapon at Buckland. Chief Lane said that he did not know if Buckland had the AR-15 or not.
Buckland was hit by this shot and fell to the ground.

Despite being hit by gunfire, at approximately 4:14:41 p.m. Buckland returned inside the front
passenger seat of the police vehicle.

Sgt. Jason McConnell arrived at the scene at approximately 4:14:48 p.m. Sgt. McConnell said
that when he arrived at the scene he could see “Chief Lane at the back of his vehicle in a
seated position, with his weapon drawn and pointed in a direction toward the passenger side of
the vehicle.” Sgt. McConnell exited his vehicle with his gun drawn and approached the vehicle
towards Buckland. Sgt. McConnell said that he observed Buckland holding a handgun and that
he yelled “gun” when Buckland exited the vehicle with a weapon in his hand. McConnell
attempted to fire at that time, but his weapon misfired. While McConnell was attempting to eject
the misfired round, Buckland began advancing from the front passenger door of the vehicle and
in the direction of Chief Lane and Sgt. McConnell. McConnell said that he moved to his left “in
an attempt to gain some cover from Buckland who [was] continuing to approach us with his
weapon in his hand.”
As Buckland approached Sgt. McConnell and Chief Lane with weapon in hand, at approximately
4:14:52 p.m., Sgt. McConnell and Chief Lane both fired at the same time at Buckland. Buckland
was wounded by one or both of the shots, dropped his weapon to the ground, and fell
backwards to the ground. Sgt. McConnell then placed Buckland in handcuffs and rendered first
aid to both Chief Lane and Buckland.

The Law:

Self-Defense: In Virginia, all citizens—including law enforcement officers—have the right to

defend themselves when attacked. There are two types of self defense. If a person did not
provoke aggression, he has the right to stand his ground (“Justifiable Self Defense”). If a
person has provoked the aggression, he must retreat as far as safely possible before he can
legally offer force in his defense (“Excusable Self Defense”). In either circumstance, a person
may only use the amount of force reasonable to the circumstances.

Use of Lethal Force by Officers: When a suspect poses a threat of serious physical harm,
either to an officer or others, it is legally permissible for the officer to use deadly force to prevent
harm to himself or others and to prevent escape. The amount of force used by the officer to
defend himself or others and prevent escape must not be excessive and must be reasonable in
relation to the perceived threat. Necessity must exist or there must be shown such reasonable
apprehension of imminent danger, by some overt act, as to amount to the creation of necessity.

Analysis:

Chief James Lane responded to a call which stated that one male and one female had
committed larceny at the Walmart and fled separately on foot from the store. Arriving at the
shopping center, Chief Lane found a male walking on foot near an exit lane. The Chief
attempted to initiate a detention by briefly turning on his siren. While the Chief prepared to exit
the vehicle the male approached, drew a firearm and began shooting at the Chief.

Wounded, Lane attempted to gain a defensive position by exiting the vehicle but he was
wounded from Buckland’s shots and could not make significant movements. Buckland was still
armed, aggressive, and appeared to make attempts to gain a tactical advantage over the
wounded officer. In the end, Buckland’s act of shooting Chief Lane, continuing to point the
firearm at Chief Lane, and pointing the firearm at Sgt. McConnell which required the officers to
respond with the use of deadly force.

As such, under Virginia’s law of self-defense and defense of others, the officers were justified as
self defense and defense of others. Furthermore, under the standard which applies specifically
to law enforcement officers, Buckland posed a threat of serious physical harm to the officers, the
amount of force used was reasonable and not excessive to the threat, and reasonable
apprehension of imminent danger came from Buckland’s various actions.
Conclusion:

Chief James Lane and Sgt. Jason McConnell acted properly and in accord with the laws of
Virginia.

__________________
Charles H. Slemp, III
Commonwealth’s Attorney