NEWS

Officer who threatened to shoot ex-Vol decommissioned

Jordan Buie
USA TODAY NETWORK - Tennessee
From left, Walter Fisher, Brian Birch

A Metro Nashville police officer has been decommissioned after threatening to shoot a former Tennessee Vols football player in the face during a traffic stop on Sunday.

Police said the traffic stop took place on Bell Road near Interstate 24 in Antioch.

Police said officers stopped 30-year-old Walter Fisher after receiving reports about a man carrying what appeared to be an AK-47 near a restaurant.

On Sunday, and throughout the day Monday, video taken by a bystander circulated on social media that showed officers approaching Fisher's car, pointing guns in the direction of the car and demanding that Fisher get out.

One officer, later identified as Officer Brian Birch, approached the car with a shotgun, demanded that Fisher get out and shouted, "I'm gonna shoot you in the f------ face!"

Police spokesperson Don Aaron said Birch was decommissioned Monday for the language he used — the profanity as well as the threats to harm to Fisher. But he said the actions by officers to take Fisher into custody were appropriate, given the information police received from a 911 call describing Fisher as threatening people with a gun.

Aaron said police later learned that a lot of the information from the 911 call was inaccurate and that Fisher was actually the victim of a crime.

Birch is one of 48 officers to be decommissioned this year. Decommissioning, or removal of police authority, is an administrative restriction, not a disciplinary action, Aaron said.

The police department decommissioned 165 officers in 2014 and 137 officers in 2013, Aaron said.

WARNING: Video includes profanity.

In the video, Fisher is seen eventually getting out of the car.

Police ordered him to get out, put his hands up and walk backward, get on his knees and put his hands out in front of him.

On Fisher's Facebook page, where he shared the video of his arrest, he said that he did not want to get out of the car because he feared for his life after the officer threatened to shoot him.

Fisher also wrote that he wanted to defend his name on social media.

"First off let me clear something up for everyone who seems to know what went on more than the actual person involved," Fisher wrote. "#1, I am not a criminal what so ever, never been to jail or arrested #2. I am a valid HANDGUN CARRY PERMIT HOLDER DONT THINK THEY WOULD GIVE A criminal THAT. #3. The Main Reason I Didn't Get Out The Car Was Because The Officer Jumped Out Stating He Was Gonna Shoot Me."

Fisher was a standout football player at Hillsboro High School, winning the Class 4A Mr. Football Lineman award after leading the Burros to the 2003 state championship. He was named MVP of the 2003 BlueCross Bowl win over Morristown West.

He later played junior college football and then at Tennessee, where he started four games on the defensive line in 2008.

"I refuse to let simple minded people slander my name when you all probably would ask for my autograph if u really know who I was , let me clear it up .." Fisher wrote and then described his work and football achievements.

Birch graduated from the police academy in March 2014.

"There was a call to Casa Fiesta restaurant at 2:18 Sunday afternoon in regard to a man carrying what the citizen thought to be an AK-47 and a pistol," Aaron said. "According to a report to a dispatcher, people were being threatened."

Birch was one of the South Precinct patrol officers who responded to the call, Aaron said. The caller reported that a man armed with what was described as an AK-47 and a handgun was present with a woman in what the caller thought to be a "domestic" situation. At one point, the caller reported that the man walked inside.

The caller also said the gunman was threatening others and explained that the man was leaving in a white Chevrolet Impala and provided the license plate.

Aaron said it turned out that Fisher had been the victim of a car burglary and confronted the burglars and that he showed a shotgun that resembled an AK-47.

"During the ensuing investigation, it was determined that Fisher was at Casa Fiesta eating when he saw two persons burglarizing his car," police said Monday afternoon. "Fisher, who was wearing the pistol on his waistband, went outside to confront the burglars. One of them fled; he caught the other. Fisher then removed his shotgun from the car and was preparing to escort the burglar he caught to the adjoining motel in an attempt to retrieve items taken from his car. In the process, the second burglar broke free and ran away. Fisher did not pursue him, nor did he notify police of the auto burglary."

Police said the incident is still under investigation.

"The language used by Officer Birch was not appropriate and he has been decommissioned while that is sorted out," Aaron said.

"This was a very intense situation for all involved. The officers were extremely concerned based on the information they received. Domestic situations can be volatile and unpredictable. No doubt, adrenaline was pumping on both sides, but still that doesn't negate the error in language by Officer Birch."

Reporter Jordan Buie can be contacted at 615-726-5970 or on Twitter @ jordanbuie . Contributing: Cecil Joyce.