FILE stare orwormicarouna |! ED pris cenerat courr or wistice COUNTY OF BUNCOMBE —2ISJU 26 pj. urerron COURT DIVISION 19 CR E7222 COUNTY C6 STATE OF NORTH! na mad Le ZAMAR SCOTT, NOW COMES the City of Asheville (the “City"), through undersigned counsel, and moves the Court to seal « recording and/or transcript of a 911 call received by the Asheville Police ‘Department (“APD”) on July 11, 2019 related to @ homicide investigation involving the above- named defendant, Zamar Seot ‘911 Recordings are public records pursuant to N.C. Gen. Stat. § 132-1.4(0)(4), however, if public Iaw enforcement agency believes that release of such a recordings will jeopardize the right ie tial oF will of the State to prosecute a defendant of the tight of a defendant to receive a ‘undermine an ongoing or future investigation, it may seek an order from a court of competent Jurisdiction to prevent disclosure of the information. The City has a received a request from a "reporter with the Asheville Citizen-Times seeking copies of all 911 recordings relating to the July 11, 2019 murder of Justin Marshall Spry, Mr. Scott, along. with others, has been charged in ‘connection with Me Spry's death (OnJuly 24,2019, the City provided the requesting party with transcripts of fourrecordings responsive tothe request, but withheld releasing transcript of a fifth recording on the basis that the call was made by Justin Spry immediately prior to his death, and contains information that, if ‘made public, would be prejudicial to the state's bility to prosecute, the defendants right to receive ‘fair trial, and could undermine an ongoing or future investigation. Prior to making this motion, ‘the City corresponded withthe reporter making the request, a5 well as senior management al theCitizen-Times, and ake that the request be withdrawn Sos to obviate the need to make this request, however, the Citizen-Times has insisted thatthe City seek an order. ‘The City bas spoken with both the Bencombe County Distet Attomey"s Office, as welt 1s counsel for Defendant, Thomas Amburgey, who agree that public release ofthe recording, st this time, would be prejudicial tothe Sate, the defendant and eould undermine an ongoing or future investigation. The City recognizes the overiding public interest in tensparency and teioves thatthe 917 commniaton should he made publica he appropriate ime, Such release, however, should only occur afer tno longer poses a isk to the sae's abil to prosecute, the defeat’ ability to defend hse andthe APD" bility ofnvestigae violation ofthe law. WHEREFORE, the City respectfilly prays thatthe Court enter an order sealing the 911 recortngresived bythe APD on July 11,2019 from Jostin Marshal Spry uni resolution of ‘any related criminal matters RESPECTFULLY SUBMITTED this the 26th day of July, 2018. CITY OF ASHEVILLE CITY ATTORNEY'S OFFICE By Z Ae fe ade Deputy City Atomey WC. Bas Nu. 41408 P.O, Box 7148, Asheville, NC 28802 Tele: (828) 259-5616 Fax: (828) 259-5475 jmaddux@ashevillenc-g0v 2