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Fishing outing turns into a life-threatening situation
A routine fishing trip at a local pond on Dobbinsville Road in Ellenboro escalated into a terrifying ordeal for 17-year-old Lane McGinnis and his friend, culminating in the arrest of Gregory McCabe, 38, who has been charged with assault with a deadly weapon.
According to Lane’s mother, Galen McGinnis, her son initially called his father to pick them up from the pond. Moments later, he called back in a panic, reporting that he and his friend were fleeing through the woods from a man who had allegedly begun shooting at them. The man, later identified as McCabe, was reportedly mowing the lawn when the incident occurred.
Gunfire and panic at the pond
The two teenagers initially mistook the sound of gunfire for a lawnmower backfiring but quickly realized the danger when bullets reportedly struck the ground near them. According to McGinnis, McCabe fired the shots without any warning or provocation.
The pond, where the incident took place, straddles two properties. Public records indicate that McCabe is not the owner of either property. The other property owner, Jerry “Cosmos” Pannell, had verbally given Lane permission to fish at the pond, according to McGinnis.
Gun rights, property rights, and legal complexities
This incident raises important questions about the boundaries of gun rights and property rights in North Carolina. While state law generally permits property owners to use firearms to protect their property, the situation is complicated by the fact that McCabe is not the property owner. The legal boundaries regarding the use of firearms in such situations are complex, often hinging on specific details, such as whether the person perceives a legitimate threat.
Efforts to gather McCabe’s perspective on the incident were unsuccessful, he did not respond to a request for comment.
Frustration with Law Enforcement’s Response
Despite McGinnis’s immediate call to the sheriff’s office on the day of the incident, Wednesday, Aug. 14, she expressed frustration with what she described as law enforcement’s inadequate response. A deputy visited her home to hear her son’s account but, according to McGinnis, did not follow through on visiting the location or contacting the suspect. Days passed without any action, even after the family identified McCabe and obtained a magistrate’s warrant, she said.
Late Saturday, McGinnis turned to social media to share her frustration, stating that her son was deeply traumatized and unable to go outside without breaking down unless accompanied by his parents. Her dissatisfaction with the sheriff’s department led her to consider taking matters into her own hands, despite potential legal repercussions, she stated on social media.
Sheriff’s Response
On Sunday, Sheriff James Aaron Ellenburg exclusively told me he would “get to the bottom of it.” As of press time, the Sheriff’s Office has not released further details, which is not uncommon in cases involving misdemeanor charges.
Below is Lane McGinnis’ statement to the magistrate, shared by his mother to Cops & Congress:
“Myself and Ayla Smith were fishing when a man started shooting a gun in our direction and we were hearing the bullets hit the ground so we started running and he is still shooting and hitting the trees around us. My dad arrived and was able to hear the man still shooting. I called my friend who lives at the residence and he confirmed that it was his Uncle Greg shooting his gun. Greg claims he did not see us, but from the sound of the bullets and the direction they were coming, there is no way he did not see us fishing down there. The Sheriff’s Dept. was called but no action has been taken on the matter at hand. My mother was told by Sgt. Chapman to get a warrant as soon as possible.”
Arrest and legal proceedings
McCabe was arrested on Monday and charged with assault with a deadly weapon, a misdemeanor. Public records requests related to the case remain unfulfilled as of press time. According to the NC courts database, McCabe is scheduled to appear in court on September 13.
Opinion & Analysis
Cops & Congress commentary: The need for situational awareness in a world of uncertainty
Even in places where we feel most secure, danger can strike without warning. This incident serves as a sobering reminder that situational awareness is critical—even when you think you’re safe. This event raises important questions about the intersection of gun rights, property rights, and public safety in our communities.
Gun laws in NC
North Carolina has some of the most permissive gun laws in the country, emphasizing the rights of individuals to bear arms, particularly on their property. It allows for full reciprocity from all other states, meaning if someone moves to NC they can legally carry while using another state’s permit, according to the NC Department of Justice. Many states are now permitless carry, which has not fully formed here, yet. The state’s stand-your-ground law allows individuals to use deadly force to protect themselves, their family, and their property from perceived threats. This law extends beyond the home to vehicles and workplaces, granting property owners broad authority to defend their domain.
However, the law also stipulates that the use of deadly force must be reasonable and proportional to the threat posed. The key issue often lies in whether the perceived threat was genuine or if other, non-lethal means could have been used to resolve the situation. In the case of the alleged shooting at the pond, these distinctions will likely be central to any legal proceedings.
Situational awareness: A crucial skill for everyone
The tragic reality is that we live in a world where gunfire can erupt in places we least expect it. Whether you’re enjoying a peaceful afternoon at a park, shopping in a mall, or even sitting in your own home, the need for situational awareness has never been greater. I learned that firsthand earlier this year at the Marion Citizens’ Police Academy. Understanding your surroundings and being prepared to react can be the difference between life and death.
Three things you can do today to protect yourself from gunfire (compiled from my citizen police academy notes and other credible sources)
Know your environment: Whether you’re at a public event, a park, or even your neighborhood, take a few moments to familiarize yourself with your surroundings. Identify exits, potential cover, and anything unusual that might raise concern. Awareness of your environment is the first step to staying safe.
Trust your instincts: If something feels off, it probably is. Don’t ignore your gut feelings. If you hear something that doesn’t sound right—like gunshots or unusual noises—act quickly to move to a safer location, even if others around you seem unfazed. Better to be safe than sorry.
Stay informed on local laws: Understanding your state’s gun laws can empower you to make informed decisions. Knowing when and how you can legally protect yourself—and what others might legally do—can help you navigate potential dangers more effectively.
Final thoughts
Situational awareness and knowledge of the law are vital in today’s world. Whether you’re out in public or the comfort of your home, it’s crucial to remain vigilant and prepared. While we hope that we never find ourselves in such dire situations, being aware and ready can make all the difference. This incident serves as a stark reminder that safety is never guaranteed, and staying alert is key to protecting ourselves and our loved ones.
🏛️ All those mentioned are presumed innocent until proven guilty.
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Our county, our state and it’s non-existent or loose laws around so many situations- from freely roaming animals that attack people, pets and livestock to the daily sound of gunfire which could be target practice, protection of property or something more serious needs review.
There’s been a population explosion in Rutherford County. It’s still a beautiful, rural place to live, but as our numbers increase and incidents like this rise, as a community we have some tough decisions about handling them.
I can recall several decades ago having beer parties in cow pastures as a teen and having an irritated farmer shooting at us with rock salt. Scary as it was, it wasn’t real bullets and children were not dying in schools in the tragic and horrific circumstances our children face in current times.
In my opinion, the shooter in this instance really read this situation poorly. An adult asking the kids, or the actual property owner why they were there, would have settled this so easily.
It’s unfortunate for all involved because now, due to a neighbor’s incredibly poor judgment, this situation will most likely lead to changes. And all I see on social media is how unhappy the old time residents of this county are with change. This incident may be the catalyst.