Shooting of Jocques Clemmons

Shooting of Jocques Clemmons
Date February 10, 2017 (2017-02-10)
Time Before 1 p.m.
Location James A. Cayce Homes parking lot, East Nashville, Tennessee, U.S.
Participants Joshua Lippert (shooter)
Deaths Jocques Clemmons

In the early afternoon of February 10, 2017 in Nashville, Tennessee, United States, Joshua Lippert, a 32-year-old white police officer, fatally shot Jocques Clemmons, a 31-year-old African-American father of two. Clemmons ran a stop sign and stopped in the parking lot of the James A. Cayce Homes, where he was shot once in the hip and twice in the back by Lippert during an altercation between the two.

On May 11, 2017, the district attorney of Davidson County, Glenn Funk, decided not to prosecute Lippert. The decision prompted criticisms from the NAACP, the ACLU and Black Lives Matter, and it led to a protest outside the residence of Nashville Mayor Megan Barry.

Parties involved

Jocques Clemmons

Jocques Clemmons was a 31-year-old African-American man.[1] He was raised by his mother, Sheila Clemmons Lee, and his stepfather, Mark T. Lee.[2] He had two sisters, Aja Tate and Britta Goodner.[2][3] With Tameka Lewis, he had two children, aged 13 and 8.[4][5]

Clemmons was arrested or given citations for driver's license violations 19 times in the past decade.[6] He was also given an eight-year sentence for a cocaine conviction in 2014.[1][3] By 2017, he was on probation,[3] and not allowed to carry a gun.[1]

Joshua Lippert

Joshua Lippert is a 32-year-old white police officer with the Metropolitan Nashville Police Department.[1][5] He has worked for the department for five years.[1] He is the father of a child with special needs.[5]

Lippert was suspended for 20 days over the course of 2012–2017 for "unnecessary use of force."[6] In October 2015, he was suspended for 8 days for using physical force while taking a black driver out of his car during a traffic stop.[7]

Shooting

The shooting occurred minutes before 1 PM in the parking lot of the James A. Cayce Homes, a housing project in East Nashville Tennessee.[1] The brick buildings are home to about 2,000 residents.[5]

From his unmarked police car,[3] Lippert saw Clemmons, who was driving a gray SUV, run a stop sign.[1] When Clemmons parked in the parking lot and got out of his car, he was apprehended by Lippert.[1] Clemmons was carrying a loaded Ruger .357 Magnum gun, which fell to the floor.[1][3][8] Clemmons picked up the gun again and ran away.[1] Within seconds, Lippert shot Clemmons, once in the hip and twice in the back.[1][2] Lippert then picked up Clemmons' gun and put it in his own pocket.[9]

Lippert and fellow officers performed first aid on Clemmons, to no avail.[1] Clemmons was taken to the Vanderbilt University Medical Center, where he died from injuries during surgery.[1][3]

Shooting aftermath

Within a few hours on February 10, the area between Sylvan Street and Summer Place on South Sixth Street was closed, and 30-odd policemen and detectives were on the scene.[1] Meanwhile, Lippert was put on a paid administrative assignment but not suspended.[1] Both the Metropolitan Nashville Police Department and the Tennessee Bureau of Investigation began investigations.[10] The two entities argued over the conduct of the simultaneous investigations, with the TBI suggesting interviewing witnesses twice was problematic.[10] The TBI also threatened to stop their investigation if the MNPD continued theirs.[11]

The Metropolitan Nashville Police Department initially said Clemmons and Lippert had two altercations.[10] Later, video cameras showed there was only one.[10]

Clemmons' family raised $11,000 through GoFundMe for his funeral, which was held on February 18, 2017.[5]

On May 9, 2017, Lippert's attorney asked the Tennessee Bureau of Investigation to release their investigative report to the public.[12] A decision by the TBI is expected for May 22.[12]

On May 11, 2017, the Metropolitan Nashville Police Department released a 20-page Office of Professional Accountability report of their internal investigation.[9] They concluded that Lippert believed he was "in imminent danger" because Clemmons was carrying a gun,[1] and that he acted in self-defense.[9] The conclusion parallels Lippert's statement, who said he thought Clemmons was going to kill him.[13]

The same day, the district attorney of Davidson County, Glenn Funk, decided not to prosecute Lippert,[5] concluding that Lippert had acted in self-defense.[14] He was assisted in his decision by Marcus Floyd, the assistant district attorney general; Amy Hunter, the deputy district attorney general; Roger Moore, the deputy district attorney general; Byron Pugh, the assistant district attorney general; and Ed Ryan, assistant district attorney general.[15] During the conference, Hunter suggested the police report included bias in favor of Lippert.[16] In particular, the MNPD report, which was written only five hours after the shooting, called the incident a "justifiable homicide" and "completed."[11] Nevertheless, both Nashville Mayor Megan Barry and Mark Gwyn, the director of the Tennessee Bureau of Investigation, supported DA Funk's decision not to prosecute Lippert.[5]

Shortly after the decision was made public, a news conference was held by Clemmons' family in the Nashville office of the National Association for the Advancement of Colored People (NAACP).[2] It was broadcast live on television, and #jocquesclemmons began trending on Twitter.[2] They were joined by their lawyer and a grass-roots group called Justice for Jocques Coalition.[2] During the news conference, their lawyer said the family rejected DA Funk's decision.[2] His sister Aja added that they wanted to get Joshua Lippert dismissed from his position at the police department.[2] Meanwhile, protesters began chanting "no justice, no peace.”[2]

Shortly after, the chief of the Metropolitan Nashville Police Department, Steve Anderson, gave another news conference, also broadcast live on television.[2] Anderson rejected any notion of bias in their investigation.[2][4]

The police investigation found that Clemmons' gun had been stolen from the home of a Tennessee Department of Correction employee in Ashland City in 2001; the woman initially thought a family member had taken it.[8][17] Further investigations showed that the gun was sold at a gun show in Smyrna in October 2001.[17]

On May 15, 2017, Clemmons' family declined to rule out filing a civil lawsuit against the city of Nashville.[18]

Also on May 15, police chief Anderson sent a letter to Deputy District Attorney General Amy Hunter in which he said she had misrepresented the MNPD's report; he warned, "Failure to properly acknowledge your error will define your integrity and is likely to attract the attention of any governing or oversight body."[16] On May 16, 2017, District Attorney Funk sent a letter to Mayor Barry responding to Anderson's contentions by saying, "Chief Anderson has responded to our suggestions for improving MNPD policy on terminology with personal attacks."[16] The mayor responded by calling for better communication between the MNPD and the DA's office.[19]

On May 19, 2017, Chancellor Ellen Hobbs Lyle ordered the Tennessee Bureau of Investigation report to be released to the public once it had been redacted.[20] Four days later, she said the report would be posted on the DA's website from June 9, 2017 to July 10, 2017.[21]

On May 31, 2017, Captain Harmon Hunsicker of the MNPD said they were unable to retrieve fingerprints from Clemmons's gun.[22] In response, Clemmons's family suggested once again that they might sue the city of Nashville.[22]

Public response

On May 12, 2017, 70-odd protesters from the Justice for Jocques Coalition and Black Lives Matter dressed in black and carrying a coffin demonstrated in Hillsboro Village, a predominantly white neighborhood.[4] The protesters included Clemmons' family.[23] They walked from Fannie Mae Dees Park near the campus of Vanderbilt University, up Blakemore Avenue and 24th Avenue South, all the way to the residence of Nashville mayor Megan Barry on 20th Avenue South.[4][23] The protesters were also carrying signs accusing Mayor Barry of being complicit in the DA's decision.[4] They left the coffin outside her house.[23]

On May 20, 2017, the Justice for Jocques Coalition, including Clemmons' parents, held a town hall meeting, but neither the mayor nor the DA came, and their representatives were unable to answer their questions.[24] As for the police department, they did not respond to the invitation nor did they send anyone.[24] A spokesperson for the coalition said, "We are asking to be heard because time and time again, we are dismissed, we are told that we are just a small group of loudmouths and that we’ll eventually go away. [...] It does not appear to be politically expedient for them to show up and we want to show them that’s not true, that we are indeed speaking for many people in the community."[25]

An article published in the Nashville Scene suggests Funk could have charged Lippert with second-degree murder.[26]

Alleged race issues

The incident attracted criticisms from leaders of the African-American community in Nashville.

Members of the Justice for Jocques Coalition alleged the incident highlighted systemic racism in the Metropolitan Nashville Police Department.[2] The president of Nashville's NAACP chapter, Ludye Wallace, said it was "sad day for Nashville," adding "It’s more likely you going to get sent to jail for kicking a dog than shooting a black man down in his back while he’s running."[2] Gideon's Army said they had collected data suggesting Lippert had a habit of stopping black drivers more often than white drivers.[4][13]

The Nashville chapter of Black Lives Matter called for Lippert's dismissal,[2] adding "Today Nashville, the liberal stronghold of Tennessee, joins the other numerous localities that fail to find fault or even recognize criminality in police officers when their violence and brutality takes the lives of black people."[5] They argued that an independent community review board should be established.[2] The American Civil Liberties Union (ACLU) of Tennessee agreed that the city of Nashville should establish an independent review board, and called for Nashville police officers to wear body cameras.[2]

On May 15, 2017, members of the Minority Caucus of the Metropolitan Council of Nashville and Davidson County said the incident was "reflective of not just how the ‘IT’ city views and treats its black citizens, but also black elected officials."[27] They added, "The black community is owed this courtesy. The Clemmons family is owed this courtesy. A black man was slain and no black member of the Council was contacted in advance of the announcement exonerating the officer."[27]

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Alund, Natalie Neysa; Sawyer, Ariana Maia (February 10, 2017). "How the Cayce Homes fatal officer-involved shooting unfolded". The Tennessean. Retrieved May 14, 2017.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Sawyer, Ariana; Tamburin, Adam; Wadhwani, Anita (May 11, 2017). "Jocques Clemmons' family, community leaders call for officer's firing". The Tennessean. Retrieved May 14, 2017.
  3. 1 2 3 4 5 6 "Suspect Killed After Incident At Housing Complex". WTVF. February 10, 2017. Retrieved May 14, 2017.
  4. 1 2 3 4 5 6 Sawyer, Ariana Maia (May 12, 2017). "Justice for Jocques Coalition demonstrates outside Nashville mayor's home". The Tennessean. Retrieved May 14, 2017.
  5. 1 2 3 4 5 6 7 8 Barchenger, Stacey; Boucher, Dave (May 11, 2017). "DA decides not to prosecute officer, but blasts bias and calls for work to be done". The Tennessean. Retrieved May 14, 2017.
  6. 1 2 Hale, Steven (February 15, 2017). "Don't Think 'It Can't Happen Here'". Nashville Scene. Retrieved May 15, 2017. Clemmons’ criminal record includes 19 arrests or citations for driver’s license violations in less than 10 years, a fact that makes him seem like he walked right out the Gideon’s Army’s “Driving While Black” report released last year, which highlighted the disproportionate attention African-American drivers receive from Nashville police. As for Lippert, his record with the MNPD includes 20 days of disciplinary suspension over five years, some for infractions involving poor judgment leading to unnecessary use of force.
  7. ↑ Burke, Sheila; Mattise, Jonathan (May 12, 2017). "No charges for white Nashville officer in black man’s death". The Seattle Times. Retrieved May 15, 2017. Lippert used physical force to take a black driver out of a car during an October 2015 traffic stop, earning him an eight-day suspension, records show. Lippert’s decision to use force “unnecessarily escalated the encounter when the motorist had indicated he was willing to voluntarily step from the car if a supervisor was present,” a disciplinary report states.
  8. 1 2 Pleasant, Joseph (May 12, 2017). "Gun recovered from Jocques Clemmons shooting was stolen in 2001". WKRN. Retrieved May 14, 2017. The .357 magnum revolver recovered from the scene of the Jocques Clemmons shooting in East Nashville earlier this year was stolen from a TDOC employee, according to what the registered owner told Metro police.
  9. 1 2 3 Barchenger, Stacey; Boucher, Dave (May 11, 2017). "Nashville police: Officer justified in shooting death of Jocques Clemmons". The Tennessean. Retrieved May 14, 2017.
  10. 1 2 3 4 Barchenger, Stacey (March 30, 2017). "Nashville police, TBI, DA spar over police shooting investigations". The Tennessean. Retrieved May 14, 2017.
  11. 1 2 Barchenger, Stacey; Boucher, Dave (May 25, 2017). "Why Glenn Funk raised concern over bias in Jocques Clemmons investigation". The Tennessean. Retrieved May 26, 2017.
  12. 1 2 "Attorney: Officer Wants Report Released on Fatal Shooting". The New York Times. May 9, 2017. Retrieved May 15, 2017.
  13. 1 2 Boucher, Dave (May 12, 2017). "Watch: Nashville police officer says Jocques Clemmons was 'fixing to kill me'". The Tennessean. Retrieved May 14, 2017.
  14. ↑ "No charges for white officer in Nashville who shot and killed black man". The Los Angeles Times. May 11, 2017. Retrieved May 15, 2017.
  15. ↑ Barchenger, Stacey (May 14, 2017). "Who helps decide whether Nashville officers face charges for deadly force? Meet the team that works with District Attorney Glenn Funk.". The Tennessean. Retrieved May 15, 2017.
  16. 1 2 3 Barchenger, Stacey (May 16, 2017). "Police chief, DA exchange barbs over language in Jocques Clemmons investigation". The Tennessean. Retrieved May 19, 2017.
  17. 1 2 Boucher, Dave (May 15, 2017). "Nashville police: Gun found on Jocques Clemmons stolen 15 years ago". The Tennessean. Retrieved May 16, 2017. A report from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives states the revolver was purchased in October 2001 at a gun show in Smyrna.
  18. ↑ Beres, Nick (May 15, 2017). "Jocques Clemmons' Mom Speaks Out After Investigation Completed". WTVF. Retrieved May 16, 2017.
  19. ↑ Davis, Kimberly (May 19, 2017). "Mayor Addresses Ongoing Battle Between D.A. And MNPD". WTVF. Retrieved May 20, 2017.
  20. ↑ Barchenger, Stacey (May 19, 2017). "Nashville judge to order release of TBI file in deadly officer-involved shooting of Jocques Clemmons". The Tennessean. Retrieved May 20, 2017.
  21. ↑ Barchenger, Stacey (May 23, 2017). "Judge sets a date for release of TBI file in Jocques Clemmons' death". The Tennessean. Retrieved May 24, 2017.
  22. 1 2 Bachenger, Stacey (May 31, 2017). "Whose fingerprints are on the gun police say Jocques Clemmons carried?". The Tennessean. Retrieved May 31, 2017.
  23. 1 2 3 "Silent march for Jocques Clemmons ends at Nashville mayor’s home". WKRN-TV. May 12, 2017. Retrieved May 14, 2017.
  24. 1 2 Davis, Kimberly (May 20, 2017). "Justice For Jocques Coalition Holds Town Hall Meeting". WTVF. Retrieved May 20, 2017.
  25. ↑ "‘Justice for Jocques’ wants officials to enhance safety in minority communities". WKRN-TV. May 20, 2017. Retrieved May 20, 2017.
  26. ↑ Hale, Steven (May 11, 2017). "Why DA Glenn Funk Didn't Press Charges in Jocques Clemmons Shooting". Nashville Scene. Retrieved May 14, 2017. In the end, Funk had one option if he was going to charge Lippert — second degree murder.
  27. 1 2 "Metro Minority Caucus addresses shooting of Jocques Clemmons". WKRN. May 15, 2017. Retrieved May 16, 2017.
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