Bedford County Sheriff’s deputy-involved shooting deemed “appropriate and necessary”

BEDFORD COUNTY, Va. (WDBJ) - The use of force in a shooting that involved a Bedford County Sheriff’s Office deputy was determined “appropriate and necessary”, according to the Commonwealth’s Attorney. No criminal charges will be filed against law enforcement officers.

That shooting left the suspect, Barry Lee Derr, with life threatening injuries.

Around 11 a.m. February 11, 2024, multiple law enforcement agencies, including Bedford County and Botetourt County, were involved in a high-speed chase with the suspect. The Botetourt County Sheriff’s Office says the driver was heading south on Falling Creek Road before crashing.

Bedford Commonwealth’s Attorney Wesley Nance stated the high-speed chase incident led to the use of deadly force by a Bedford County Sheriff’s deputy against Derr, who sustained multiple gunshot wounds but survived his injuries. That incident also led to numerous charges against Derr, including felony eluding on law enforcement, assault on law enforcement and possession of a firearm by a convicted felon.

Nance stated the Commonwealth Attorney Office will not be providing a full accounting of the facts before Derr’s criminal trial.

“[That is] to ensure Mr. Derr’s right to fair criminal proceedings,” Nance stated.

Virginia State Police (VSP) led the investigation by reviewing the incident and reviewing all body and car cameras. Nance stated based on the details of VSP’s investigation, there is a clear and accurate picture of what happened on February 11.

“Because of the extent of the investigation and documentation from participating agencies, there are no lingering factual questions as to what occurred during the event,” Nance said.

Nance stated in the opinion letter based on the evidence compiled by VSP, the sheriff’s deputy who fired his service weapon reasonably believed that deadly force was immediately necessary to protect himself or other officers. The opinion goes on to state the deputy provided warning to Derr, and found “the use of force by the deputy... to be appropriate and necessary based on the totality of the circumstances he was confronted with.”

No criminal charges have been placed against law enforcement officers for their actions taken against Derr on February 11.

See the CA’s entire opinion letter here: