A twenty-five year old Nashville, Tennessee police officer has been charged with felony Criminal Homicide after shooting a twenty-eight year old suspect.
The facts of this case are convoluted as Nashville Police became involved in a vehicle pursuit of a carjacking suspect who was able to elude them. A police radio broadcast was initiated and the officer attempted to stop a vehicle that matched the description of the wanted car. A chase ensued which ended in an apartment complex parking lot. The suspect bailed from the vehicle and a foot chase, captured on surveillance cam, started. The officer was not wearing a body cam. The foot chase lasted twelve seconds and involved two different cameras. The officer stopped and fired three shots killing the suspect, who was armed with a handgun. This suspect was not the carjacking suspect, but had an extensive criminal record.
The investigation of the shooting was conducted by the Tennessee Bureau of Investigation and the results were turned over to the Davidson County, Tn. Prosecutor, who obtained an arrest warrant for the officer. It is reported that the Prosecutor had to “judge shop” to actually get the warrant signed.
The video, like most police videos, really shows nothing other than the tragedy of the loss of life. It is not possible to determine if the weapon the deceased man was carrying was visible to the pursuing officer or what caused him to fire.
The two available defenses available to the officer are both in question without knowing what the officer knew or believed that caused him to utilize deadly force. The video alone does not meet the Graham Standard that a reasonable police officer would use deadly force. The standard set in Tennessee v Garner, ruled Fleeing Felon laws unconstitutional, but the Court carved out an exception which might well apply in this case. The Court ruled that deadly force is justified when the offender is wanted for a violent felony and presents an imminent and immediate threat to the public if allowed to escape. Carjacking is defined by Federal law as a violent felony and, in this case the suspect was armed with a handgun presenting an immediate threat to the public. It does not matter whether the officer had personal knowledge of the firearm because the suspect himself knew he was armed. The officer, based upon information of the broadcast and the actions of the suspect, had a reasonable belief that he was chasing the person wanted in that offense.
No trial date has been set in this case. The officer has been stripped of his police powers, but continues to be employed as the case progresses.