shooting of Jocques Clemmons
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Jocques Clemmons, a 31-year-old, was fatally shot on February 10, 2017 in
Nashville, Tennessee Nashville is the capital city of the U.S. state of Tennessee and the county seat, seat of Davidson County, Tennessee, Davidson County. With a population of 689,447 at the 2020 United States census, 2020 U.S. census, Nashville is the List of muni ...
, United States, after a traffic stop where Clemmons pulled out a gun, leading to a confrontation with Joshua Lippert, a 32-year-old police officer. After an investigation, the Davidson County District Attorney declined to prosecute Lippert on any charges, a decision that was protested by several groups. After reviews at several levels of the Nashville Police and Tennessee Bureau of Investigation's work and reports, the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
closed the case in August 2017.


Events

Clemmons ran a stop sign and stopped in the parking lot of the
James A. Cayce Homes The James A. Cayce Homes is a housing project in East Nashville, Tennessee, U.S.. It was built in 1939-1941 as a white-only community. By the 2000s, it was the lowest-income locality in Nashville. It is the largest housing project in Nashville. Hi ...
. He got out of the car and was armed. His gun fell to the ground during the altercation with Lippert. Clemmons picked up the weapon before Lippert shot him, once in the abdomen, once in the hip and twice in the back as he tried to run away. On May 11, 2017, the
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
of Davidson County, Glenn Funk, decided not to prosecute Lippert. The decision prompted criticisms from the
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
, the
ACLU The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
and
Black Lives Matter Black Lives Matter (abbreviated BLM) is a decentralized political and social movement that seeks to highlight racism, discrimination, and racial inequality experienced by black people. Its primary concerns are incidents of police bruta ...
, and protesters gathered outside the residence of then Nashville Mayor
Megan Barry Megan Christine Barry (née Mueller; born September 22, 1963) is an American businesswoman and politician who served as the seventh mayor of the Metropolitan Government of Nashville and Davidson County from 2015 until March 6, 2018, when she resi ...
. In August 2017, the case was closed by three federal government agencies (the
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
's Office in Nashville, the FBI and the
United States Department of Justice Civil Rights Division The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion Religion is usually d ...
) after they reviewed the investigations carried out by the
Metropolitan Nashville Police Department The Metropolitan Nashville Police Department is the primary provider of law enforcement services for Metropolitan Nashville and Davidson County, Tennessee. The MNPD covers a total area of that encompasses everything from high density urban loca ...
and the
Tennessee Bureau of Investigation The Tennessee Bureau of Investigation (TBI) is the state bureau of investigation of the state of Tennessee. It has statutory authority to conduct criminal investigations and make arrests of crimes occurring throughout the state. The bureau is an ...
. The decision was welcomed by the
Fraternal Order of Police The Fraternal Order of Police (FOP) is a fraternal organization consisting of sworn law enforcement officers in the United States. It reports a membership of over 355,000 members organized in 2,100 local chapters (lodges), state lodges, and the ...
, which prompted protesters to leave banners on interstate overpasses criticizing them on the day of their annual conference in Nashville.


Parties involved


Jocques Clemmons

Jocques Clemmons was a 31-year-old man. He was raised by his mother, Sheila Clemmons Lee, and his stepfather, Mark T. Lee. He had two sisters, Aja Tate and Britta Goodner. With Tameka Lewis, he had two children, aged 13 and 8. Clemmons was arrested or given citations for driver's license violations 19 times in the past decade. Clemmons was sentenced to eight years in prison in 2014 for a
cocaine Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...
conviction. By 2017, he was released on probation, and prohibited from carrying a gun.


Joshua Lippert

Joshua Lippert is a 32-year-old police officer with the
Metropolitan Nashville Police Department The Metropolitan Nashville Police Department is the primary provider of law enforcement services for Metropolitan Nashville and Davidson County, Tennessee. The MNPD covers a total area of that encompasses everything from high density urban loca ...
.


Shooting

The shooting occurred minutes before 1 PM in the parking lot of the James A. Cayce Homes, a
housing project Public housing is a form of housing tenure in which the property is usually owned by a government authorities, government authority, either central or local. Although the common goal of public housing is to provide affordable housing, the d ...
in East Nashville, Tennessee. The brick buildings are home to about 2,000 residents. From his unmarked police car, Lippert saw Clemmons, who was driving a gray SUV, ran a stop sign. When Clemmons parked in the parking lot and got out of his car, he was apprehended by Lippert. Clemmons was carrying a loaded
Ruger Sturm, Ruger & Company, Inc., better known by the shortened name Ruger, is an American firearm manufacturing company based in Southport, Connecticut, with production facilities also in Newport, New Hampshire; Mayodan, North Carolina; and Presco ...
.357 Magnum The .357 Smith & Wesson Magnum, .357 S&W Magnum, .357 Magnum, or 9×33mmR as it is known in unofficial metric designation, is a smokeless powder cartridge with a bullet diameter. It was created by Elmer Keith, Phillip B. Sharpe, and Douglas B. ...
gun, which fell to the ground. Lippert tried to keep Clemmons away from the gun but he picked it up and ran away between two parked vehicles; Lippert shot Clemmons once in the hip and twice in the back. Lippert picked up Clemmons' gun and put it in his own pocket. Lippert and fellow officers performed
first aid First aid is the first and immediate assistance given to any person with either a minor or serious illness or injury, with care provided to preserve life, prevent the condition from worsening, or to promote recovery. It includes initial in ...
on Clemmons, to no avail. Clemmons was taken to the
Vanderbilt University Medical Center The Vanderbilt University Medical Center (VUMC) is a medical provider with multiple hospitals in Nashville, Tennessee, as well as clinics and facilities throughout Middle Tennessee. VUMC is an independent non-profit organization, but maintains acad ...
, where he died from injuries during surgery.


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. Meanwhile, Lippert was put on a paid administrative assignment but not suspended. Both the Metropolitan Nashville Police Department and the
Tennessee Bureau of Investigation The Tennessee Bureau of Investigation (TBI) is the state bureau of investigation of the state of Tennessee. It has statutory authority to conduct criminal investigations and make arrests of crimes occurring throughout the state. The bureau is an ...
began investigations. The two entities argued over the conduct of the simultaneous investigations, with the TBI suggesting interviewing witnesses twice was problematic. The TBI also threatened to stop their investigation if the MNPD continued theirs. The Metropolitan Nashville Police Department initially said Clemmons and Lippert had two altercations. Later, video cameras showed there was only one. Clemmons' family raised $11,000 through
GoFundMe GoFundMe is an American for-profit crowdfunding platform that allows people to raise money for events ranging from life events such as celebrations and graduations to challenging circumstances like accidents and illnesses. From 2010 to the b ...
for his funeral, which was held on February 18, 2017. On May 9, 2017, Lippert's attorney asked the Tennessee Bureau of Investigation to release their investigative report to the public. On May 11, 2017, the Metropolitan Nashville Police Department released a 20-page Office of Professional Accountability report of their internal investigation. They concluded that Lippert believed he was "in imminent danger" because Clemmons was carrying a gun, and that he acted in self-defense. The conclusion parallels Lippert's statement, who said he thought Clemmons was going to kill him. The same day, the
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
of Davidson County, Glenn Funk, decided not to prosecute Lippert, concluding that Lippert had acted in self-defense. 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. During the conference, Hunter suggested the police report included bias in favor of Lippert. In particular, the MNPD report, which was written only five hours after the shooting, called the incident a "justifiable homicide" and "completed." Nevertheless, both Nashville Mayor Megan Barry and
Mark Gwyn Mark Gwyn is an American law enforcement officer. He is the former director of the Tennessee Bureau of Investigation (TBI). He is eighth director in the agency's history and the first African American to serve in this capacity. Early life Mark G ...
, the director of the Tennessee Bureau of Investigation, supported DA Funk's decision not to prosecute Lippert. 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 The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. ...
(NAACP). It was broadcast live on television, and #jocquesclemmons began trending on Twitter. They were joined by their lawyer and a grass-roots group called Justice for Jocques Coalition. During the news conference, their lawyer said the family rejected DA Funk's decision. His sister Aja added that they wanted to get Joshua Lippert dismissed from his position at the police department. Meanwhile, protesters began chanting "
no justice, no peace "No justice, no peace" is a political slogan which originated during protests against acts of ethnic violence against African Americans. Its precise meaning is contested. The slogan was used as early as 1986, following the killing of Michael Gri ...
." Shortly after, the chief of the Metropolitan Nashville Police Department, Steve Anderson, gave another news conference, also broadcast live on television. Anderson rejected any notion of bias in their investigation. The police investigation found that Clemmons' gun had been stolen from the home of a
Tennessee Department of Correction The Tennessee Department of Correction (TDOC) is a United States Cabinet, Cabinet-level agency within the Tennessee state government responsible for the oversight of more than 20,000 convicted offenders in Tennessee's fourteen prisons, three of w ...
employee in
Ashland City Ashland City is a town in and the county seat of Cheatham County, Tennessee, United States. The population was 4,767 as of the 2020 census. History Ashland City was created in 1856 as a county seat for the newly established Cheatham County. Th ...
in 2001; the woman initially thought a family member had taken it. Further investigations showed that the gun was sold at a
gun show In the United States, a gun show is an event where promoters generally rent large public venues and then rent tables for display areas for dealers of guns and related items, and charge admission for buyers. The majority of guns for sale at gun s ...
in
Smyrna Smyrna ( ; grc, Σμύρνη, Smýrnē, or , ) was a Greek city located at a strategic point on the Aegean coast of Anatolia. Due to its advantageous port conditions, its ease of defence, and its good inland connections, Smyrna rose to promi ...
in October 2001. On May 15, 2017, Clemmons' family declined to rule out filing a civil lawsuit against the city of Nashville. 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." 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." The mayor responded by calling for better communication between the MNPD and the DA's office. 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. Four days later, she said the report would be posted on the DA's website from June 9, 2017 to July 10, 2017. On May 31, 2017, Captain Harmon Hunsicker of the MNPD said they were unable to retrieve fingerprints from Clemmons's gun. In response, Clemmons's family suggested once again that they might sue the city of Nashville. In August 2017, the investigations carried out by the MNPD and the TBI were reviewed and closed by the
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
's office in Nashville, the FBI and the
United States Department of Justice Civil Rights Division The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion Religion is usually d ...
. In early February, Clemmons's mother sued the MNPD to retrieve his phone with family pictures on it.


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. The protesters included Clemmons' family. They walked from Fannie Mae Dees Park near the campus of
Vanderbilt University Vanderbilt University (informally Vandy or VU) is a private research university in Nashville, Tennessee. Founded in 1873, it was named in honor of shipping and rail magnate Cornelius Vanderbilt, who provided the school its initial $1-million ...
, up Blakemore Avenue and 24th Avenue South, all the way to the residence of Nashville mayor
Megan Barry Megan Christine Barry (née Mueller; born September 22, 1963) is an American businesswoman and politician who served as the seventh mayor of the Metropolitan Government of Nashville and Davidson County from 2015 until March 6, 2018, when she resi ...
on 20th Avenue South. The protesters were also carrying signs accusing Mayor Barry of being complicit in the DA's decision. They left the coffin outside her house. 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. As for the police department, they did not respond to the invitation nor did they send anyone. 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." An article published in the ''
Nashville Scene ''Nashville Scene'' is an alternative newsweekly in Nashville, Tennessee. It was founded in 1989, became a part of Village Voice Media in 1999, and later joined the ranks of sixteen other publications after a merger of Village Voice Media with ...
'' in May 2017 suggested Funk could have charged Lippert with second-degree murder. After the investigation was closed by the US Attorney's office, the FBI and the Justice Department in August 2017, the
Fraternal Order of Police The Fraternal Order of Police (FOP) is a fraternal organization consisting of sworn law enforcement officers in the United States. It reports a membership of over 355,000 members organized in 2,100 local chapters (lodges), state lodges, and the ...
"released a statement in support of Lippert." In November 2017, Clemmons's mother visited the MNPD with community activists to ask for Lippert's dismissal; two reporters, including Steven Hale of the ''
Nashville Scene ''Nashville Scene'' is an alternative newsweekly in Nashville, Tennessee. It was founded in 1989, became a part of Village Voice Media in 1999, and later joined the ranks of sixteen other publications after a merger of Village Voice Media with ...
'', were escorted out of the building for trespassing by the owner. The issue of Lippert's employment was again raised by Clemmons's mother in December 2017. On February 7, 2018, an activist group called Community Oversight Now, including members of the Justice for Jocques Coalition,
Black Lives Matter Black Lives Matter (abbreviated BLM) is a decentralized political and social movement that seeks to highlight racism, discrimination, and racial inequality experienced by black people. Its primary concerns are incidents of police bruta ...
, Democracy Nashville,
Gideon's Army ''Gideon's Army'' is a 2013 American documentary film about three public defenders in the Southern United States. The movie is directed by Dawn Porter. Its title comes from ''Gideon v. Wainwright'', which required that indigent criminal defendants ...
, the Harriet Tubman House, and the No Exceptions Prison Collective, filed an ethics complaint with the Council Board of Ethical Conduct suggesting Mayor Barry's extramarital affair with Sergeant Robert Forrest of the MNPD may have influenced her objection to Lippert's dismissal and the establishment of a "citizen-led police accountability board" after the shooting. They also sent a letter to Vice Mayor
David Briley Clifton David Briley (born January 8, 1964) is an American politician. A Democrat, he was the eighth mayor of Metropolitan Nashville and Davidson County. He was elected in 2015 as vice-mayor and was sworn in as acting mayor after Megan Barry's ...
about it. Barry denied being swayed by the incident in her decisions. The Justice for Jocques Coalition held a rally outside East Police Precinct on February 8, 2018, calling for Lippert to be let go from his job at the MNPD. On February 10, 2018, a ceremony was held in Clemmons's honor in Kirkpatrick Park.


Alleged race issues

The incident attracted criticism from leaders of the African-American community in Nashville. Members of the Justice for Jocques Coalition alleged the incident highlighted
systemic racism Institutional racism, also known as systemic racism, is a form of racism that is embedded in the laws and regulations of a society or an organization. It manifests as discrimination in areas such as criminal justice, employment, housing, healt ...
in the Metropolitan Nashville Police Department. 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."
Gideon's Army ''Gideon's Army'' is a 2013 American documentary film about three public defenders in the Southern United States. The movie is directed by Dawn Porter. Its title comes from ''Gideon v. Wainwright'', which required that indigent criminal defendants ...
said they had collected data suggesting Lippert had a habit of stopping black drivers more often than white drivers. The Nashville chapter of
Black Lives Matter Black Lives Matter (abbreviated BLM) is a decentralized political and social movement that seeks to highlight racism, discrimination, and racial inequality experienced by black people. Its primary concerns are incidents of police bruta ...
called for Lippert's dismissal, 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." They argued that an independent community review board should be established. The
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(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. On May 15, 2017, members of the Minority Caucus of the
Metropolitan Council of Nashville and Davidson County The Metropolitan Council is the legislative body of the consolidated city-county government of Nashville, Tennessee and Davidson County. The Council has 40 members, 35 of which are district council representatives, and five of which are counc ...
said the incident was "reflective of not just how the 'IT' city views and treats its black citizens, but also black elected officials." 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."


References


{{DEFAULTSORT:Clemmons, Jocques 2017 controversies in the United States 2017 in Tennessee 21st century in Nashville, Tennessee African-American history in Nashville, Tennessee African-American-related controversies Law enforcement controversies in the United States Deaths by firearm in Tennessee Race and crime in the United States February 2017 events in the United States African Americans shot dead by law enforcement officers in the United States Law enforcement in Tennessee History of Nashville, Tennessee