[10][6] The caller indicated that Kloepfer "about an hour ago, started shooting off fireworks, screaming, yelling, going to kill everyone in the neighborhood ... he's discharging a firearm ...
"[11] Around 11.20 p.m. on December 12, three Cherokee County deputies arrived at Kloepfer's home, and are heard saying: "We haven’t been able to make contact with anybody at this residence ...
[8] The SWAT team of the Eastern Band of the Cherokee Indian Police Department was summoned around 12.20 a.m. on December 13 to handle a potential hostage situation.
[6] At 4.57 a.m. and 16 seconds, Kloepfer opens the door to his home, unarmed and with his hands in the air; he is holding a cigarette and the police's robot.
[14] At 11.42 a.m on December 13, the Cherokee County Sheriff's Office issued a press release stating that after a 911 call regarding multiple gunshots at a residence, police responded to the scene.
[1][2][6] The press release stated that deputies were "unsuccessful" in contacting the suspect, so the Cherokee County Sheriff’s Office obtained a search warrant, and called in the Cherokee Indian Police Department SWAT Team due to "an armed suspect present and the potential for a hostage situation".
[18] On April 25, 2023, the Eastern Band of Cherokee Indians Chief Richard Sneed signed the proposed change into law, meaning that court action would be needed before such footage could be published.
[19] After media outlets requested police footage of the shooting, the Cherokee County Sheriff's Office refused to provide body camera footage, while Cherokee Indian Police Department Chief Carla Neadeau on April 24, 2023 responded: "The Tribe does not have any video or audio recordings responsive to your request.
[13] The Independent reported that the surveillance footage did not show Kloepfer engaging in a "verbal altercation" or confronting police, as claimed in the press release.
[12] Sheriff Smith also stated that the aim of the press release "was not to comment on the subsequent criminal investigation, which remains ongoing, but rather to update the public on a dangerous situation.
[8] The surveillance footage has circulated online, including on YouTube, with one video receiving almost 100,000 views by the end of January 2023.
[9] The bureau does not make its investigation results public, but sends them to a district attorney, who will decide whether to file charges against any officers.
[6] However, on March 27, 2023, the Cherokee County District Attorney, Ashley Welch, sought to recuse from the case, citing that she and an assistant district attorney may be witnesses for the investigation, as they were contacted by a Cherokee County Sheriff's Office deputy hours after the shooting.
As the "allegations in this case involve potential crimes committed by a government official", Welch requested the Office of the North Carolina Attorney General (Josh Stein) to step in.
[23][25] On December 18, 2023, a special prosecutor decided that law officers involved in the raid would not face criminal prosecution.
[9][12][27] Kloepfer's lawsuit alleges 25 counts of action, including excessive use of force, trespassing, gross negligence, and making false reports.