USALife.info / NEWS / 2023 / 10 / 30 / GRAMMY WINNER'S WIFE SUES NASHVILLE POLICE OVER EXCESSIVE FORCE
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Grammy Winner's Wife Sues Nashville Police Over Excessive Force

22:53 30.10.2023

In a shocking turn of events, the wife of Grammy-winning sound engineer Mark Capps has filed a federal lawsuit against the city of Nashville and police Officer Ashley Coon, claiming excessive and unreasonable force in the fatal shooting of her husband. The lawsuit also accuses the city of allowing a "culture of fear, violence, and impunity" within the Metro Nashville Police Department, placing blame for Capps' death on the city itself.

According to the police report, three officers, including Coon, reported that Capps was killed after pointing a handgun at them. However, Capps' family strongly disputes this account, citing details from body camera footage that allegedly suggest he did not aim a weapon. The lawsuit argues that Officer Coon used excessive and unreasonable force by shooting and killing Capps when he was not posing an active threat of imminent harm.

When approached for comment, Metro Nashville Associate Director of Law-Litigation, Allison Bussell, stated that the city had not yet been served with the lawsuit and had not reviewed or investigated the allegations. Bussell did not provide further details regarding the city's position on the matter.

The lawsuit, seeking a jury trial, leaves the determination of damages to be decided by the jurors. Capps, who had won four Grammys for his work on polka albums over a decade ago, had been struggling with depression and suicidal thoughts in the weeks leading up to his death. Police investigative files revealed that the death of his brother on January 3 had exacerbated these issues.

On the night of the incident, Capps had been drinking and taking pills, and he proceeded to pull out a pair of handguns from a bedside drawer. He then began berating his wife, Tara Capps, in the living room, where he held her, her adult daughter, and the daughter's boyfriend captive at gunpoint. Capps threatened to kill them, as well as their dogs. After several hours, he eventually agreed to put the guns away and returned to his bedroom, where he continued to verbally abuse his wife until he fell asleep.

Recognizing the danger they were in, Tara Capps and McKenzie Acuff, her daughter, sought help at the local police precinct. Officer Patrick Lancaster interviewed the women and, on the advice of the domestic violence unit, proposed going to the Capps' house to take him into custody before a warrant was sworn out. The lawsuit claims that Lancaster did not exhibit any fear that going to the house would put him at risk of harm.

Ultimately, Lancaster was instructed to obtain warrants, and a 13-person SWAT team was dispatched to serve them. Astonishingly, counselors from Nashville Police's mental health program, Partners in Care, were not called to the scene, despite the presence of a potential mental health emergency involving a firearm.

According to the lawsuit, the plan was for the SWAT team to place explosive charges at the front and back doors and then announce their presence by surrounding the home. However, before the plan could be executed, Capps opened the front door, catching the officers off guard. Officer Coon, a member of the SWAT team, fired a fatal shot at Capps.

While the three officers at the scene claimed that Capps was pointing a gun at them, with Officer Coon mentioning that Capps' finger was on the trigger, the lawsuit alleges that the situation unfolded differently. It argues that Capps was not pointing a gun at the officers or taking any other actions that posed an immediate threat of harm.

Although some body camera footage exists, the clarity of the video is not optimal. However, both Officer Coon and another officer can be heard yelling, "Show me your hands!" The lawsuit implies that these commands would not have been issued if Capps' hands had been clearly visible on a gun.

This tragic incident has raised serious questions about the use of force by law enforcement and the role of mental health support in such situations. As the lawsuit moves forward, it remains to be seen how the courts will address these allegations and whether the city of Nashville will be held accountable for its alleged role in fostering a culture of fear, violence, and impunity within its police department.

/ Monday, October 30, 2023, 10:53 PM /

themes:  Shooting  Subway  Tennessee



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