Man shot by police to face federal charge
By Jack Stephens
Published in News on February 10, 2006 1:52 PM
A Goldsboro man accused of assaulting two police officers during a traffic stop and who was shot by an officer now will be tried in federal court on a weapons charge, his lawyer said.
Tremayne Navaris Carmichael, 20, of Beech Street was accused of assaulting Officers Stephen Powers and Sonya Cates with a firearm on May 26 in the 900 block of Fourth Street.
During the scuffle, Carmichael was shot by Powers. Carmichael was taken to Wayne Memorial Hospital, where he was treated and released.
Powers also suffered minor injuries and was treated and released from the emergency room. The officer was placed on paid administrative leave while the State Bureau of Investigation looked into the shooting. He later was returned to duty.
Lawyer James Copeland of Goldsboro said the state has dismissed the two assault charges.
"I didn't think they had a case on the assault charges since he had been shot," Copeland said of Carmichael.
A handgun was recovered at the scene. A few days later, Carmichael was charged with possession of a firearm by a convicted felon by police Investigator G.N. Lynch. The charge also will be dismissed.
Carmichael will be indicted in federal district court on the same weapons charge. Copeland said he thought the punishment for the firearms charge would be more severe in federal court.
Assistant District Attorney Terry Light, who was prosecuting the state case, could not be reached for comment. But District Attorney Branny Vickory said federal laws are strict when guns and drugs are involved.
Powers said he had stopped Carmichael because he was looking for a particular car. The police report said the driver got out of the green Volvo, fought with the officer and drew a handgun.
In the earlier felony charge, Carmichael pleaded guilty in 2004 to possession with intent to sell and deliver marijuana. He served 40 days in jail and was sentenced to four to five months in prison. The term was suspended on condition that he complete 36 months of supervised probation, earn a high school diploma and pay a $200 fine and court costs.
He also was convicted of two misdemeanors, assault on a female and larceny. He served a 50-day sentence on the assault charge and was put on probation for larceny.