News

Transylvania deputies justified in shooting motorist who opened fire on them, D.A. says

By Bill Moss, Published: October 23, 2025

Two Transylvania County sheriff’s deputies were justified in shooting a motorist who fired at them from his parked car in July, District Attorney Andrew Murray said.

Murray last week announced the results of his investigation, as required by state law, into the circumstances surrounding the death of Raul Alberto Rivera around 10 p.m. Sunday, July 6.

“It is my conclusion that the responding Transylvania County sheriff’s deputies were legally justified in their use of deadly force by firing their service weapons at the decedent,” Murray said in a letter to the SBI.

Murray used body camera videos, taped and transcribed video interviews, phone records, an autopsy report and other physical evidence to piece together the facts of the case.

Dispatchers had told deputies Brandon Holden and Samuel Owen that a suspect, Rivera, “was traveling through Pisgah National Forest in his personal vehicle with a long gun and that he was in an emotionally stressed state of mind.” Rivera’s ex-girlfriend, who had been in contact with him, thought “his texts and words led her to believe that the decedent was planning to harm himself.”

Holden spotted Rivera’s older model Mazda Miata backed into a parking space at a Pizza Hut near the entrance of the national forest. 

“Deputy Holden stopped his Chevy Tahoe service vehicle 10-15 yards from the Miata, with his service vehicle facing the decedent’s driver side door at a 45-degree angle,” Murray wrote. When he got out of his cruiser, Holden “instantly sees the decedent making abrupt movements and digging around the vehicle. Deputy Holden immediately draws his weapon while simultaneously taking a defensive position in the ‘V’ of his driver’s side door. Deputy Holden then reports witnessing the decedent raise a long gun, causing him immediately to discharge several rounds toward the decedent for his safety.”

Holden activated his body worn camera, and “almost instantaneously after the body-worn camera is activated, a shot is fired from the Miata. The video clearly shows the triangle shaped window on the driver’s side of the Miata exploding outward causing Deputy Holden to discharge multiple additional rounds at the decedent. Deputy Holden then drops his gun’s ammunition clip and reloads with an additional clip. He continues to scream commands for the decedent to put the gun down and get out of the car.”

Holden said that once again he saw the AR-15 raised, causing him to immediately fire his weapon while still screaming “put the gun down” numerous times. “The decedent at this time can be heard screaming back ‘f--- you - I am not going f---ing anywhere.’

“At that point, Deputy Owen arrived and took up a position at the right rear corner of Holden’s cruiser,” Murray said. “Holden tells Owen that the suspect still has the gun, Holden screams again for the decedent to put the gun down” and then both Holden and Deputy Owen open fire again. “The Miata engine then races for several seconds before stopping.”

After calling for a protective shield, deputies approached the vehicle and found Rivera non-responsive. An AR15 rifle was located in the vehicle. Emergency Medical Services personnel, who were staged nearby, tried to administer aid before determining that Rivera was dead.

The SBI, which was called in to investigate, turned up a spent shell casing in the Miata that matched the caliber of the AR15 and also recovered a bullet round that had penetrated the front grill brush guard of Holden’s cruiser.
“It is clear from the information available to me that neither Deputy Brandon Holden nor Deputy Samuel Owen had any choice but to use deadly force. Their actions were justified under North Carolina law,” Murray said.