NORFOLK — The shooting of a Navy sailor by a police officer here in 2017 after the woman pulled out a pistol and shot her husband in front of the officer was justified.
The shooting of India Nelson by Officer David Dreyer “was not only a justifiable reaction but a duty-mandated response,” according to a legal review by Commonwealth’s Attorney Gregory Underwood released by the Norfolk Police Department on Friday.
“No charges will be sought in the death of India Nelson as it was Nelson’s own violent, criminal acts which resulted in the officer’s justified use of deadly force,” Underwood concluded.
The shooting happened July 17, 2017. Nelson, 25, and her husband, Andrew Fraser, got into an argument around 7 p.m. An investigation by the Virginia State Police indicated Nelson found out Fraser, 27, had been cheating on her.
Nelson was a nuclear technician in the Navy.
Fraser, left their apartment complex in the 8600 block of Glenn Myrtle Avenue driving a black 2009 BMW. Nelson followed in a 1996 Chevy Cavalier.
Nelson hit Fraser’s car near Admiral Taussig Boulevard and Hammond Avenue.
Fraser and Nelson both got out of their cars and Fraser noticed a handgun in Nelson’s hand. Fearing for his safety, Fraser ran toward a nearby dental clinic. Nelson got into Fraser’s BMW and drove away.
Police were called to the scene of the crash, but “Fraser never told the officers his wife (Nelson) had earlier displayed a handgun,” Underwood wrote.
Fraser, using a bystander’s cellphone, called Nelson and told her to come back to the scene because officers had been called.
When she got back, Nelson did what Dreyer told her to do and put her keys and phone on the BMW.
“Suddenly, Nelson used her left hand to reach behind her loose-fitting clothing and pull a handgun out with her left hand, move it to her right hand, and sprint toward Fraser, “Underwood wrote.
She shot Fraser four times, hitting him once. Dreyer pulled out his handgun and fired six shots, hitting Nelson three times. She died at the scene.
Fraser was taken to the hospital and was treated for a gunshot wound to “his right lateral buttock.”
“I find the use of force through the discharge of a firearm by Officer Dreyer was not only appropriate and justified, but that Officer Dreyer had a sworn duty to safeguard a defenseless Fraser, Officer Wilkerson, and nearby citizens – all of whom were endangered by Nelson’s actions,” Underwood wrote.
Read the entire legal review here.
