NEWS

DA Glenn Funk has questions for TBI in deadly Nashville police shooting of Jocques Clemmons

Stacey Barchenger, and Natalie Neysa Alund
The Tennessean

Nashville District Attorney General Glenn Funk wants more information about a deadly Nashville police shooting as he weighs whether the involved officer should face criminal charges.

"The District Attorney’s Office is continuing to work with the TBI and have asked them to do some follow-up to their investigation," spokeswoman Dorinda Carter said in an email. "This process could take at least two weeks."

Last week the Tennessee Bureau of Investigation announced it had completed its investigation into the Feb. 10 shooting that killed Jocques Clemmons in the James A. Cayce Homes in East Nashville. The TBI turned its case file over to Funk, who previously pledged to publicly release the investigation report.

Funk will decide whether Officer Josh Lippert should face any criminal charges in the incident and whether to present the case to a grand jury.

Lippert stopped Clemmons for running a stop sign in the East Nashville public housing complex, police said. Clemmons fled and there was a confrontation after Lippert gave chase, according to police. Authorities said Clemmons, who is black, had a handgun that he refused to drop, leading Lippert, who is white, to open fire. Clemmons was shot three times — twice in the back and once in the hip — and later died during surgery, authorities said.

The NAACP is upset and calls for training.

Jocques Clemmons, left, and Metro Nashville Officer Josh Lippert

While awaiting the release of the TBI investigation, the Nashville branch of the NAACP on Tuesday called for more training for city police officers and questioned diversity in the two-pronged investigation.

"What do we want? Justice. When do we want it? Now," several family members including Clemmons' mother, Shelia Clemmons Lee, and his aunt, Valerie Clemmons, shouted prior to a news conference beginning at the NAACP headquarters on Jefferson Street.

"There is nothing we can do to bring Jocques back, but... we're going to try and march on and make sure these types of incidents don't happen or reduce (the number of times they do)," Nashville NAACP President Ludye N. Wallace said. "The NAACP and other justice seeking organizations stand in solidarity with the Clemmons' family. We will do everything in our power to get justice for Jocques Clemmons and for other citizens."

Wallace then called for a better protocol on police stops.

"Our police department needs additional training... on how to do a more perfect arrest," Wallace said.

In addition Wallace claimed minorities were not involved in the investigation.

"The team did not consist of minorities. There should be minorities that are part of this team," Wallace said. "Minorities and people of color need to be everywhere. We are suspicious of the process."

But Nashville police spokesman Don Aaron said seven detectives in the cold case unit participated in the investigation — one who he said is African American.

TBI would not say how many people were involved in its separate investigation or whether any were minorities, but did release the following statement:

"As with any investigation, the TBI acts as an independent fact-finder. In use-of-force cases, our agents make no determination as to whether an officer’s actions were justified. Such a decision rests solely with the District Attorney General who requests our involvement.”

In addition to the TBI investigation, Funk also has a separate investigative case file that was compiled by Nashville police. The department continued its investigation of the shooting even after Funk called in the TBI. That practice was the focus of behind-the-scenes back-and-forth between law enforcement brass, with TBI saying both agencies conducting investigations would jeopardize its independent investigation.

Earlier this month and about two months after Clemmons' death, law enforcement leaders reached an agreement that allows both to have some investigative role, though only TBI will handle a criminal investigation, and Nashville police must defer their review if asked.

Reach Stacey Barchenger at 615-726-8968 or sbarchenger@tennessean.com or on Twitter @sbarchenger. Reach Natalie Alund at nalund@tennessean.com and follow her on Twitter @nataliealund.