Police warned restaurant owner Thelma Luckey before weekend mass shooting

Published 12:10 am Friday, January 31, 2020

By Shavonne Walker

shavonne.walker@salisburypost.com

SALISBURY — An incident early Sunday that resulted in six people who were shot and others injured wasn’t the first time police were called to an after-hours party at Thelma’s Down Home Cooking.

In August, police responded to a disorderly crowd at the West End Plaza restaurant, located at 1935 West Jake Alexander Blvd.

It appeared to law enforcement that the first party, held five months ago, was hosted by the same individual who organized the event resulting in Sunday’s mass shooting, Salisbury Police Chief Jerry Stokes said during a Thursday morning news conference. The police department held the news conference to review events of the past weekend, update the investigation and clarify information on what occurred before, during and since the incident, Stokes said.

On Aug. 24, a party held at Thelma’s prompted police to respond to a disorderly crowd in the parking lot.

“We had some concerns about what might happen as far as some sort of dispute, but certainly had no knowledge or information that there was going to be a shooting that night,” Stokes said of the recent shooting incident.

He said the most recent party was billed as a birthday party, but a flyer for the party indicated otherwise.

“Due to concerns about the prior incident, officers approached Thelma Luckey, the proprietor of the restaurant, on more than one occasion several days before the event, but the party proceeded as planned,” Stokes said.

The party host, Dhestini Sturdivant, requested and hired an off-duty Salisbury police officer to be on the property for the most recent party, with the officer starting at 9 p.m. Saturday. The party was scheduled to start at 10 p.m., and the officer met with Sturdivant and Luckey once he arrived. They agreed upon security-related details of the officer’s assignment for the evening, Stokes explained.

The officer was primarily responsible for outside parking lot security and was to enter the building as needed. The officer also notified the on-duty sergeant of his presence at the event.

Stokes said just before midnight there was a dispute between some people who tried to enter the building at the most recent party. The host had the officer come in. The officer requested additional personnel. Several officers responded and the dispute was resolved and had nothing to do with the shooting.

The shooting

Both the on-duty and off-duty officers were in the parking lot when the shooting occurred and were able to immediately respond, Stokes said.

The ensuing scene was “chaotic” as patrons rushed to exit the building through the restaurant’s exterior doors and by breaking out of the doors leading into the former mall.

“As you can imagine how chaotic it was as two people were injured in the rush of folks exiting the building. Officers were unable to identify anyone who fired the shots and gave quick attention to trying to locate victims and securing the scene so no additional shots were fired,” Stokes said.

An officer located the most seriously injured victim and transported him in a patrol car to the emergency room because the scene was, “so unstable and unsafe for EMS to enter and the obvious immediate need for medical attention,” he said.

“The officer’s actions likely saved the victim’s life by getting him to the ER quickly,” Stokes said.

As a precaution and as part of protocol, police and Novant Health Rowan Medical Center security placed the hospital on lockdown once the victims arrived by personal vehicle, ambulance and in the one instance, patrol car.

The purpose of the lockdown is to prevent, “adversaries arriving” and prevent a possible dispute in the emergency room.

While there, officers began to notify the student victim’s parents and police called Livingstone College and Catawba College security to assist notifying their respective administrations. Representatives of both college security departments came to the ER and remained for much of the time as Salisbury police officers were there.

Stokes clarified that police had no information the incident arose from a dispute or rivalry between Livingstone and Catawba students.

“In fact, based on what we are being told, the opposite is true. There seems to be a connection between the colleges and students who visit each other back and forth between those campuses,” Stokes said.

Josh Bergeron / Salisbury Post – Yellow caution tape surrounds one entrance to Thelma’s Down Home Cooking, which also has several doors boarded up following a shooting that occurred on Sunday just after midnight.

Since the incident, detectives have spoken with both Livingstone and Catawba students, some of whom were interviewed on-campus.

“We have had to follow-up with them because of our priorities that night of the event made it impossible to stop to interview those students as they were there at the party,” Stokes said.

Because of the ongoing nature of the investigation, Stokes said, he was unable to provide details about the motive in the shooting, the potential identity of the shooter and what type of weapon was used.

Stokes said police had already disseminated information to officers before the party because of the previous incident. He added that the on-duty officers developed a plan of action to ensure extra attention was devoted to the establishment. State Alcohol Law Enforcement were also on the scene and assisted police that night.

“As is our practice, a senior lieutenant was working that night to oversee our operations and he was fully briefed,” Stokes said.

He said the off-duty officer working security at the restaurant noticed there was another event at the former mall. The off-duty police officer coordinated a security plan with an off-duty deputy who was at the other event. The off-duty police officer also made his presence known to those in attendance at the other event while checking the parking lot.

“It has been suggested the officers should have advised those attending that event of our concerns,” Stokes said. “Had there been an active threat or other clearly identified public safety concern, then certainly we would have shared that, but we in no way knew someone was going to be shooting at that party. To say otherwise is inflammatory.”

The parking lot was patrolled frequently throughout the night, he said. On-duty Salisbury police officers who were teamed with an Alcohol Law Enforcement agent cited one person in the parking lot for marijuana possession and another person in the parking lot for an open container of alcohol.

Stokes said the ALE agent later spoke to restaurant owner Luckey about the issue.

Early on, police said they were not receiving much cooperation. Stokes said that may have been mischaracterized.

On Thursday, after speaking with victims and other witnesses the day after the shooting, detectives were receiving cooperation.

“Detectives have made good headway ,and I am happy with the progress they have made so far,” Stokes said.

Safety violations

With regard to questions posed about the ability of the city or county to control what was called an “after-hours party,” Stokes said, “We’re only able to control operating hours of certain establishments such as those with an ABC license. Thelma’s has no such license.”

He said the restaurant was operating in a properly zoned area and was otherwise compliant with any regulations for operating a business.

“We have no legislative authority to control the business hours in these cases,” Stokes said.

The Salisbury fire marshal has been assisting police and will determine if there was a violation for either access because of locked doors or occupancy.

Since the incident, N.C. ALE has cited Luckey for more than one offense, Stokes said.

Thelma Luckey serves Crystal and Scott Earnhardt at her restaurant in Feb. 2019. Jon C. Lakey/Salisbury Post

Response and injuries

Five of the six who were shot have since been treated and released from the hospital. One of those injured, Livingstone College student-athlete Ryan Williams remains hospitalized. Police confirmed this week that Williams was paralyzed. Other injuries that night included two people who were trampled while trying to leave and one person was treated for anxiety.

Police spokesman Lt. Greg Beam said one student, Jordan Darrisaw, who shot and later released from the hospital, is a student at Catawba College.

“I want to share that we are keeping the victims that were injured in this incident in our collective thoughts and prayers. We wish them a speedy recovery,” Stokes said.

Stokes thanked fellow law enforcement agencies whose officers assisted on the morning of the shooting on the scene or later at the hospital. Those agencies included the Rowan Sheriff’s Office, the Cleveland Police Department and State Bureau of Investigations, which responded that night to the scene.

Police are still asking that anyone with relevant video or photos from the night of the Thelma’s shooting to night contact them, which can be done via private message on the department’s social media pages. Alternatively, those with video can call 704-638-5333 and ask to speak with a detective who can arrange another means of submitting a video.

Stokes said videos they’ve seen have helped develop leads. But no arrest has been made in the case.

Stokes did not comment as to whether anyone was seen “flashing gang signs,” as has been rumored.

When asked about policy changes regarding after-hours parties, Stokes said he suspects that may be something city administration and the city council may want to explore. He said the police department would assist the council through that process if they choose to do so.

Early this week, county government terminated its lease with Luckey, saying the restauranteur who opened in 2013 had 30 days to vacate the property. County Attorney Jay Dees said in a letter sent to Luckey and provided to the Post that county government had worked with her in the past about past-due rent, but that the shooting created new breaches of her lease.

The letter said the lease only allowed the space for a restaurant and for no other purpose without prior written approval. Also, the restaurant’s liability insurance had lapsed in November. Because Luckey allowed the party host to charge an entry fee, it constituted an unapproved “subletting” and a “business operation,” both of which were a breach of her lease.

Contact reporter Shavonne Walker at 704-797-4253.