September 12, 2019
Investigators from the Criminal Investigations Division of the Matthews Police Department met with the family of Mr. Jonathan Swierski today to inform them of the final disposition regarding the investigation of his death. This investigation started on Saturday, July 6, 2019, at approximately 1:10 a.m., when Matthews officers responded to the Paces Commons Apartments located on Paces Ave. regarding a man that had been shot. This man was pronounced deceased on scene and identified as Mr. Jonathan Swierski of Monroe, N.C. After a complete and thorough investigation, it was determined that given all the available evidence, no charges will be filed in this case.
The evidence shows that the individual who fired the gun did so as a result of an unintentional discharge which was caused after he was struck in the arm with a table leg during a physical altercation among several people.
North Carolina law states that a person who points a gun at another without justification may be guilty of Involuntary Manslaughter if the gun accidentally discharges and kills another person; however, the evidence, in this case, was not sufficient to prove if this individual ever intentionally pointed the gun at anyone or not. This was compounded by the fact that, through corroborating witness statements, this individual had originally come to the scene in defense of the victim. The totality of these circumstances was a determining factor that this case does not meet the required elements of this crime.
Once the investigation was complete, Detectives consulted with the Mecklenburg County District Attorney’s Office and requested a secondary review of the findings. The results of this review indicated that the Mecklenburg County District Attorney’s Office agreed with the decision to not file charges.