KNOXVILLE, Tenn. — No criminal charges will be filed against a Knoxville FBI agent who shot a Maryland fugitive in the cheek during an attempted arrest in April, the Knox County District Attorney General's Office announced Friday.
Roy McGrath, the former chief of staff for Republican Maryland Gov. Larry Hogan, had been a wanted fugitive since he disappeared in March for missing a court date for an eight-count federal indictment, according to WBIR's Washington, D.C. sister station WUSA.
The U.S. Marshals Service said McGrath was wanted for wire fraud among other charges after a federal grand jury indicted him on Oct. 5, 2021. In June 2022, a federal grand jury also indicted him for falsification of records.
The Baltimore FBI asked field agents in Knoxville if they could arrest McGrath after an investigation revealed he had been hiding in the area.
On April 3, agents received a tip that McGrath was at the Costco in Farragut. After a failed traffic stop, agents boxed McGrath in his car between Advanced Auto Parts and the Sonic across the street from Costco, the DA's office said.
Agents approached the car, repeatedly identified themselves and ordered McGrath to put his hands out the open driver's side window. McGrath replied, "No," and "I have a gun, and it's loaded," according to the DA's office.
McGrath raised the gun to his right temple. The DA's office said because of the way McGrath held the gun to his head, it placed agents within the trajectory of his gun. This caused an agent to believe McGrath "posed a threat of imminent death or bodily injury to himself and other agents."
"Simultaneously, McGrath fired his gun striking his right temple, and the agent fired one round striking McGrath’s left cheek," the DA's Office said.
An ambulance was immediately called and EMTs took McGrath to the University of Tennessee Medical Center where he was pronounced dead 30 minutes later, according to the DA's Office.
It couldn't be determined what gunshot wound killed McGrath because of a "prolonged survival interval" after the shooting. His official cause of death was "gunshot wounds to the head," according to the autopsy report.
The DA's office said the agent acted in self-defense because "he had a reasonable belief that McGrath posed a threat of imminent death or serious bodily injury."
"In this case, it is clear that agents had probable cause and a reasonable belief that McGrath posed a threat of imminent death or serious bodily injury. Based upon the investigation in this case and viewed from the perception of the agents under the circumstances, that belief is reasonable and supported by probable cause, justifying the use of deadly force in self-defense. Disproving self-defense beyond a reasonable doubt to a unanimous jury is not supported by the evidence. There is also an additional proof problem in this case in that the Medical Examiner, the State’s expert witness necessary to prove a case at trial, cannot testify to a reasonable degree of medical certainty as to either manner or cause of death. Without this necessary proof to establish an element of an offense, any prosecution would fail. In short, the actions of the agents are justified as self-defense, and criminal charges are not supported in this matter," it said.
The Department of Justice is still reviewing the investigation.