Family of Black Man Killed By North Carolina Deputy While Protecting Mother and Child from Danger Will Receive $4M Settlement; Grieving Mother Outraged Officer ‘Still Able to Walk Around Freely’

Fred Cox Jr., an 18-year-old Black man from North Carolina, was trying to help a mother and child escape gunfire from a drive-by shooting at a church when he was shot and killed by a deputy in 2020.

Davidson County sheriff’s detective Shane Michael Hill claimed he shot Cox because the young man was holding a gun and believed him to be a gang member.

But the attorneys representing his family said the father of two infants was not holding a gun and was not involved in gangs.

Nevertheless, a grand jury cleared the deputy of wrongdoing in 2021 who is described as a “wandering cop” by Triad City Beat because he has a history of suspensions, demotions and resignations with various law enforcement agencies.

Late last month, a federal judge approved a $4 million settlement to Cox’s mother who filed a wrongful death lawsuit against the Davidson County Sheriff’s Office in 2021.

“It means that I can finally breathe. This has been the longest four years of my life,” Cox’s mother, Tenicka Smith, told WGHP.

But she is also concerned that Hill remains employed by the Davidson County Sheriff’s Office.

“It was the pain that I can never describe here. And the person that did such to my son was still able to walk around freely for the past four years. He didn’t only kill my son. He killed me, too,” Smith told local media.

The attorneys who represented her in the lawsuit, including Ben Crump as well as the Romanucci & Blandin law firm in Chicago, accused Davidson County Sheriff Richard T. “Richie” Simmons, Jr. of allowing a pattern of abuse and shooting deaths to thrive at the agency since he took over in 2019, listing several examples. 

The claim also states that while violent crime plummeted in Davidson County in 2019, the violence among deputies increased. 

“DCSO, under Sheriff Simmons, has a pattern, practice, and custom of using excessive and deadly force in situations where less-than-lethal force is appropriate,” the lawsuit states. 

“This pattern, practice, and custom has led to unarmed, innocent people being killed for no reason.” 

The Guilford County District Attorney’s Office issued the following statement after Hill was cleared by a grand jury in June 2021.

“There was no evidence presented that Cox Jr. was in a gang or that he discharged a weapon.”

An autopsy determined Cox was shot four times, including in the neck, rear left shoulder, left upper back and left thigh. The autopsy also determined he had no gun residue on his hands, nor drugs or alcohol in his system.

The Shooting

Cox has been attending a memorial service on November 8, 2020 at Living Water Baptist Church in Highpoint for another young man named Jonas Thompson, a victim of homicide whose body was found in a field.

Cox had been asked to serve as a pallbearer to assist the Thompson family, according to the claim.

And Hill was also in attendance dressed in plainclothes at the request of the Thompson family in the hopes he would find evidence that would lead him to the people who killed their loved one.

After completing his pallbearing duties, Cox stepped outside the church to have lunch in his car which was parked about 30 feet from a side entrance of the south side of the church. And Hill was also standing outside, speaking to members of Thompson’s family.

Suddenly gunshots rang out from two cars on the north side of the church, sending people running for cover into the church, prompting Hill to pull out his gun.

Meanwhile, Cox ran from his car to the south side entrance and opened the door to get inside but paused to hold the door open for a mother and her 12-year-old son.

“With one hand, Mr. Cox opened the door just wide enough for one person to enter at a time and with his other hand, ushered the mother and her son through in front of him, under his arm,” the lawsuit states. “The son entered the Church first, followed by the mother.” 

“Mr. Cox did not have a gun in either hand as the mother and son slipped under his arm and entered the Church. Just after the mother got through the door, Mr. Cox was shot by Defendant Hill.”

A witness who called 911 during the shooting told a dispatcher she had spotted a dead person who would turn out to be Cox. She also said there was a “gun by the door” but was unsure if Cox had been holding the gun.

“Somebody’s dead, they killed somebody,” the woman told the dispatcher who asked her for the detective’s name and whether he had been shot.

“Detective Hill from Davidson County, he was shooting back but I don’t know if he’s been shot or not but there’s a gun by the door.”

A total of 70 shots were fired from the two cars but the only person struck by bullets was Cox. It does not appear as if any arrests have been made in the drive-by shooting.

The lawsuit states Hill placed other citizens at risk after he opened fire.

“Fred Cox saved the mother and son’s lives before he fell, making sure they were safe inside the Church before he tried to enter. Defendant Hill continued to shoot into the side entrance of the Church with his service weapon.” 

“At least one bullet grazed the 12-year-old Mr. Cox had attempted to shield from harm by ushering him into the Church.  At least one witness inside the Church saw the sparks of bullets hitting the Church’s brick walls.”

“Defendant Hill had no information and did not reasonably believe that Mr. Cox had a gun in his possession or fired a weapon during the shooting at the Church.” 

“Nevertheless, Defendant Hill shot Fred Cox—on the opposite side of the Church from where the drive-by shooters were located.”

It should also be noted that North Carolina gun laws allows citizens who are at least 18 years old to open carry firearms if they do not have a prior felony record.

“Fred died a hero,” his mother told WGHP. “He did everything he knew to do at that moment, and that was to usher a mom and her son to safety.”