Officials, Community React to DA’s Decision Not to Charge Cop in Clemmons Shooting – Nashville Scene

"We must find a way to make policing more fair, equitable and safe for all Nashville residents."

District Attorney Glenn Funk during a press conference about the Jocques Clemmons shooting on ThursdaySteven Hale

Reaction to the news that Metro Officer Josh Lippert will not face criminal charges for shooting and killing Jocques Clemmons came first from the same podium Davidson County District Attorney Glenn Funk used to announce it.

In a remarkable move, Funk gave a microphone at his press conference to two people who did not hide their disappointment in his decision and frustration with law enforcement in Nashville.

"It's extremely disappointing to have no charges filed against Officer Lippert in this case," said Pastor Jon Faison of Watson Grove Missionary Baptist Church. "This will continue to impact the community's lack of trust in MNPD and the belief that officers are not held to the same level of accountability as citizens, particularly citizens of color. However, I do respect the findings as they were delivered and I do applaud our mayor for the courage to be proactive. I applaud District Attorney Funk and his team for their work in this case. I also concur with their four critiques of the MNPD reporting policy, as I believe these flawed reporting policies give credence to the perception of flawed policing practices executed by MNPD.

"Ladies and gentleman the incident at hand is not of one incident. The issue is one of culture. Peter Drucker once stated that culture eats strategy for breakfast. The culture of MNPD must change."

After Faison spoke, Rasheedat Fetuga of Gideon's Army the group behind last year's "Driving While Black" report was invited to speak. She said she stood in solidarity with the Clemmons family and cited Lippert's disciplinary record with the MNPD, which includes two suspensions for use of force.

"Because of that, it is definitely imperative that we look at firing Officer Lippert and getting him off of the streets," she said. "I also know that there are people who haven't come forward who are afraid because of the way that they have been treated by him and because the system is so big and the people are so small."

Fraternal Order of Police president James Smallwood also spoke. Not surprisingly, he praised Funk's decision.

"The tedious study of evidence that determined the facts led us to the truth that is before us today. Officer Joshua Lippert reasonably feared for his life and acted within the confines of his training, departmental policy and the law," Smallwood said. "We are confident that no stone was left unturned and that the investigation was conducted by all parties in a fair and unbiased manner. The community can rest easy in the fact that Nashville's officers are and will continually be held to the highest of standards. And Nashville's police officers can rest easy knowing that they if they follow their training, they follow their policy and they follow the law that their actions will be found justified."

More reaction and official statements below:

Mayor Megan Barry

To all of the many men and women who have diligently investigated the shooting on February 10th that claimed the life of Jocques Clemmons, I want to thank you for your hard work and your resolve to seek the truth about what happened on that fateful day.

And as Mayor, I know that decisions about justice must be made impartially and based on the facts and on the laws.

I know General Funk has thoroughly reviewed this case through a lens to ensure that if any criminal wrong-doing took place, it would be appropriately punished. General Funk has gone further than any prosecutor before him in ensuring that a shooting death caused by an officer be independently investigated as a way to promote the trust and confidence of the entire community.

Throughout this process, myself, Chief Anderson, and General Funk have been very intentional in not drawing conclusions until the case could be thoroughly investigated and the facts established.

Now that the District Attorney has closed the criminal case, there will be an administrative review of Officer Lipperts actions to determine if the situation was handled appropriately and whether any disciplinary action is warranted, or if there needs to be any changes to policies, training, or procedure as a result of this incident.This has been a challenging time for our city.

Over the last few weeks and months following the shooting, Ive met with members of the community from the family of Jocques Clemmons, to the NAACP, to clergy, to business people and African-American youth. One message has been consistent - a desire for positive actions not just in the area of policing but in equity and inclusion, opportunity and empowerment, in knowing that leaders in our government care - and want to do the right thing.

There are some in our community who are fearful or distrustful of the police, and we still have work to do as a government to promote greater support and trust and transparency which we are seeking to address through accountability initiatives such as body-worn cameras and through community policing initiatives such as foot patrols to promote more familiarity between police officers and citizens.

General Funk has also outlined some suggested initiatives that may or may not be directly related to this case but he feels should be further reviewed going forward - Some of which we have already begun addressing.Weve established an MOU with the TBI, MNDP, and DA so that in the future, police shootings that result in a death will be investigated solely by the TBI.

We have taken action to promote more diversity and inclusive hiring practices within the MNPD so we have a force that better reflects the composition of our city.The mayors office, along with the Police Department, has been working closely with Judge Sheila Calloway on Restorative Diversion programs for our youth.But we can always do more and we can always do better as a government, as a community, as a people - to be a more equitable and to be more inclusive and to make sure that every citizen IS safe, every citizen feels safe, and every citizen has trust in our Police Department and government to serve them and to protect them equally.

Many people, including me, acknowledge that there are systemic issues in our criminal justice system that need to be addressed. Often - interaction with our police is a persons entry point into the criminal justice system, and that is where we should begin to look at reform.

I, however, see a bigger picture. The majority of crime is rooted in poverty, and while we have to begin to reform the criminal justice system, we also have to make bigger and better strides to reduce and eliminate poverty in our most vulnerable communities. Improving policing is part of the solution and is important, but providing access to quality, affordable housing, providing access to better jobs and financial empowerment, providing access to high quality education - can greatly reduce everyones chances of having a law enforcement encounter with a police officer.

And since I came into office 19 months ago, were focused on just that the bigger picture.

General Funks decision not to bring criminal charges against Officer Lippert does not close or end those conversations. We must endeavor to ensure that all voices and opinions are heard regarding the laws and policies that govern us all. There are no easy or quick answers, and the conversations can sometimes be difficult and painful, but I have confidence in our Nashville community that we can move forward in a way that makes us a stronger city for all.

ACLU-TN

"No matter the result of these investigations, Mr. Clemmons' death was a tragedy. Regardless of whether or not the facts should have resulted in criminal charges, at the end of the day Mr. Clemmons should still be alive. Far too many Black people have died at the hands of law enforcement across this country.

The district attorney's decision not to bring charges against the officer who shot and killed Jocques Clemmons leaves behind a cloud of profound and unsettling questions for the city of Nashville. If Officer Lippert did not violate the law, then is anyone responsible for Jocques Clemmons' death? How can we stop the escalation of conflict that brings discretionary stops which happen more frequently to Black people in virtually every patrol zone in the city to tragic endings? How will the city and the police department ensure that a tragedy like this does not happen in the future?

We must find a way to make policing more fair, equitable and safe for all Nashville residents.

We repeat our call to city leaders for basic reforms, including the swift deployment of police body cameras, with policies in place to protect privacy and to ensure public access to footage related to the use of excessive force. We urge the police chief to pursue comprehensive review by an independent body of the department's tactics, training and investigatory protocol, particularly as they relate to racial profiling, implicit bias and de-escalation. We also call once again on the city to establish an independent community oversight board, with robust power to investigate and hold law enforcement accountable.

Additionally, we applaud and support Attorney General Funk's recommendations for reforms, which we believe will help move our city toward justice, fairness and equal treatment for all Nashvillians.We urge the mayor and police chief to support these reforms to stem the erosion of community-police relations and to promote basic accountability and transparency."

NAACP chapter president, Ludye Wallace:

"Its a sad day. Its a bay day today. It was a bad day Feb. 10," he said. "It didnt have to happen, and this city calling itself the 'it' city there are things that this city can be doing and shall do and I think this coalition is here to hold everybody accountable. We cant continue to let these kinds of things happen."

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Officials, Community React to DA's Decision Not to Charge Cop in Clemmons Shooting - Nashville Scene