Part IV: Prelude to a Shootout–Continued!! SPD Officer Tim Brackeen v. Irving Fenner Jr. First Contact to Pre-shootout!! Recently Discovered Evidence!!! Gossip, source reports, Court Records, arguendo by Robert A. Williams

Editor’s Note: recently discovered evidence requires me to revise and add to the lead off text of my Part III article. Instead of suggesting you scroll back to that article. Therefore, I have provided that part of the Part III Article for your convenience. Then, I will provide the new evidence. A Court Record discovered this past Tuesday, December 10, 2019.

The lead in to the Part III Article is as shown below:

“Shelby Police Department K-9 Officer Tim Brackeen, according to the Shelby Star Reports and public testimony from the white community, was beloved by all. A devoted family man and Hero to all. Even Assistant District Attorney Sally Kirby-Turner stated her everlasting love for Brackeen as she tearfully told the Judge at Brackeen’s alleged Cop-Killer Plea Bargain hearing. A feeling of love also proclaimed by law enforcement everywhere as well as the Governor of North Carolina at the service held at the Shelby High School Baseball Field Honoring Officer Brackeen. I was there and saw it all. I believed the narrative too, as that was all the information that I had at that time. I believed that narrative for almost three years as I didn’t know any better.

I believed that narrative totally until that fateful phone call from a trusted source in August 2019. A phone call that, with lots of “critical” thinking, Sherlock Holmes type “deductive reasoning” and research of the news accounts of that time-back in September 2016-when Brackeen was fatally shot. That research included visits to the alleged murder scene and discussions with “informed” individuals in the black community that told me that the black community leaders were skeptical of the narrative to begin with. And were approached by Shelby Officials right after the incident, were shown the body cam video (that didn’t show anything convincing), heard the narrative and went away thinking that the going narrative was questionable at best; right from the git-go. With all this “new” (to me) information, I changed my mind.

Irving Lucien Fenner Jr., the alleged Cop-Killer, has been called many things. A close family member called him a “Goofball” because he makes jokes all the time. He is called a father because he has three children by two women. His Murder Trial defense lawyer, Victoria Jayne, basically called him a mental “Retard;” a moron with an IQ of 60. A legal defense tactic bound to fail under cross-examination as he went to the 10th Grade in School and his “baby mamas” wives are not dummies. Poor maybe (according to Country Club standards), but not dummies.

Fenner’s criminal record, upon close examination, is telling. The record shows Fenner was a low level “punk-kid” growing up-slowly escalating to more serious encounters with law enforcement. A frequent occurrence for young black boys in Shelby as well as the USA. Fenner’s more serious criminal charge prior to this shootout incident says he assaulted a police officer. This assault on a police officer demands closer attention as none of the party-line narrative prior to this very minute tells the truth about an obviously intentional failure to report about this aspect of this incident.

However, as sources reported to me, Fenner, as a young teenager living on Grice Street, was in some small-time trouble, on probation and wearing an ankle monitor that would alarm if he left his residence by a certain distance. Fenner and family member were in their yard playing. Fenner was jumping on a trampoline when a Shelby Police Department K-9 unit drives up to a nearby residence. The dog is barking at the kids playing in the Fenner residence yard. The “Goofball in Fenner makes him call out to answer the barking dog, “Woof, Woof, Woof,” Fenner calls out to the dog.

This “mocking” of the dog angers the SPD K-9 Officer and he grabs the young Irvin Fenner, jerks him off the trampoline and drags him far enough away to make the ankle monitor go into alarm. Then the Officer arrests young Irving Fenner and charges him with probation violation and assaulting a police officer. That SPD K-9 Officer was identified to me as Officer Tim Brackeen.

So, using that Sherlock Holmes type “deductive reasoning” you have to conclude that SPD K-9 Officer Tim Brackeen were NOT strangers on that fateful night in September, 2016 when the shootout incident took place. They knew each other for years had each had a long-term distaste, a contempt, for each other.”

Now, let’s look at the new evidence.

Remember my trip to the Courthouse this past Tuesday to court watch the Willie Green lawsuit hearing regarding Shelby City Manager Rick Howell’s Motion to Dismiss. Although Howell’s Attorney offered no evidence that Howell denied any of his major wrongdoing, but that Howell had “immunity” to do as he pleased no matter how many laws he broke.

And then I went to the Clerk of Court’s Office to look up some records regarding the Irving Fenner murder trial for the shooting of SPD Officer Tim Brackeen. And how I found out that full record had somehow been “purged(?).” And how I had just gotten a one-page summary of just a few details of that case?

Also, remember the narrative the City of Shelby and the Police Chief Jeff Ledford was putting out that Irving Fenner was a dangerous man and had previously assaulted a police officer. Later alleged to be SPD Officer Tim Brackeen? Remember all of that from over three years ago?

Now, let’s consider my source’ story about the barking police dog from the Part III article that I included above. How sources told me that all Fenner had done was go “Woof, Woof, Woof at the barking dog and got arrested and charged with assaulting a police officer.

That was the court record I was looking for. I was looking for the full record describing in the arrest record just exactly what happened and with whom and what Fenner was actually charged with and all. But, now, that full record had been “purged” (maybe purged by the DA) from the court files and likely lost forever. Remember all of that?

Now, remember that I had been given a one-page computer summary this past Tuesday that pretty much gave me “zero” in actual details of the event. I have attached that one page for all to see. All it really shows is the actual charge and the law the charge was based on. I thought I had nothing.

But I put on my reading glasses anyway and took a closer look at the fine print. Something I have learned to do. Check the fine print and the details.

The charge was “Assaulting a law enforcement ANIMAL.” Animal?? Nobody in their right mind would assault a fully trained Police Dog!!! The real charge that all the news was talking about was NOT assaulting a Police Officer as the false narrative said. Not a real Person Police Officer. The charge was for assaulting a law enforcement ANIMAL.

Of course, then, I had to look up that law as quickly as possible. I smelt a rat!!!

North Carolina General Statute 14-163(d) says in part that any person… “who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a law enforcement agency animal, an assistance animal, or a search and rescue animal is guilty of a Class 2 misdemeanor.” But don’t believe me. I have also attached this law in its entirety at the end of this article for all to see.

So, it looks like the Shelby Police Department did indeed charge Irving Fenner, Jr. with assaulting a law enforcement animal, not a law enforcement officer. They, Shelby and SPD Chief Jeff Ledford are caught red-handed telling a lie about Irving Fenner, Jr being such a dangerous person who goes around assaulting police officers. This also validates my sources who told me this “Woof. Woof, Woof” version of the story in the first place.

The lesson here is the Shelby Police Department, apparently to harass a young black man, twisted and turned the law in such a way to cook-up a false charge on Irving Fenner, Jr. and arrested him on July 14, 2009. The court date on this charge was December 3, 2009. Likely meaning that Fenner spent six months in jail awaiting trial on this cooked up charge. Is it any wonder why the black community, especially young black men, don’t trust Police Officers?

And why should they? The SPD and Shelby Mayor and Council have been caught in a lie in the Fenner narrative-making up stories about his criminal record. What else would they lie about? Everything apparently. Especially After I just sat through Shelby City Manager Rick Howell’s many lies in his Motion to Dismiss Willie Green’s lawsuit against him.

Stay tuned folks. The story doesn’t get any better for Shelby’s “finest,” Shelby’s Mayor and everybody in between.

Also, Part V of this sad saga is on the way. Make sure your blood pressure medication prescription is up to date and filled. You will need it. And soon!

Here is the Proof!!

Fenner-Assaulting police dog charge record
GS_14-163.1 Assaulting A Law Enforcing Animal

Leave a Reply

Your email address will not be published. Required fields are marked *