Executive Summary
- Benji Martin was indicted by a grand jury for the murder of WakeMed officer Roger Smith.
- The incident occurred on November 8 at the WakeMed Garner Healthplex emergency department.
- Defense filings claim Martin was unarmed and seeking help for a mental health crisis.
- Martin’s family is demanding the release of hospital surveillance video.
A Wake County grand jury has indicted Benji Martin on murder charges in connection with the November 8 shooting death of WakeMed police officer Roger Smith. The indictment, returned on Tuesday, formalizes the charges against Martin nearly one month after the fatal confrontation occurred in the emergency department lobby at WakeMed Garner Healthplex in North Carolina.
According to the “True Bill” released by the court, the grand jury found sufficient evidence to charge Martin with unlawfully, willfully, and feloniously killing Officer Smith with “malice aforethought.” Following the incident, Martin was hospitalized for two weeks to treat gunshot wounds sustained during the altercation. He was released on November 21 and immediately taken into custody, where he was ordered held without bond during his first court appearance.
Court documents obtained by ABC11 reveal that Martin’s defense team contends he arrived at the hospital specifically to seek assistance for a mental health crisis. The filings state that Martin was unarmed at the time of the incident and note that he and his fiancée had recently suffered the loss of twins due to a miscarriage. During the initial hearings, the Wake County District Attorney’s office did not provide specific details regarding the escalation that led to the exchange of gunfire.
The family of the accused, alongside supporters, publicly called for the release of surveillance footage from the hospital. Speaking to reporters, Rev. Greg Drumwright stated, “Mr. Martin was there seeking medical attention. And we’re calling for the immediate release of that video.” Benji Martin Sr., the defendant’s father, told the press, “We need to see the videos. Hopefully, they will let it out so we can see when we get past this.”
Judicial Proceedings and Evidence
The return of the indictment marks the transition of this case from the investigative stage to the pretrial judicial phase, where discovery and evidentiary motions will take precedence. With the defense asserting that the accused was unarmed and seeking medical aid, the surveillance footage requested by the family will likely become a critical piece of evidence in determining the sequence of events and the justification for the use of force. If convicted, Martin faces a potential sentence of life in prison without parole or the death penalty. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
