James L. Marine doesn't understand how the district attorney could find "no criminal culpability" in the death of his son, whose body had 43 gunshot wounds from bullets fired by six Chattanooga police officers.
Hamilton County District Attorney Bill Cox said Thursday that his office would not pursue criminal charges against the officers after he had reviewed a report by the Tennessee Bureau of Investigation on the July 18, 2009, shooting.
In a response letter to the TBI, Mr. Cox said the report showed no criminal culpability. He confirmed in a telephone interview that evidence showed Alonzo Heyward, 32, fired a shot at police.
Sitting in his East Ridge apartment Thursday afternoon, Mr. Marine said he isn't satisfied with the TBI's investigation. He said he knows four witnesses who told him they were never contacted by the agency.
"I thought they were going to deal fairly, investigate thoroughly, but I see that they didn't," he said.
Mr. Marine and his family filed a civil lawsuit against the officers, the police department and the city of Chattanooga in September 2009.
That trial is scheduled for Jan. 18, 2011.
The complaint shows that Mr. Heyward was depressed about family matters and had threatened suicide. When police arrived to the emergency call, Mr. Heyward repeatedly pointed a rifle at his own head.
The complaint states that a police officer used a Taser on Mr. Heyward and that officers fired their weapons at him as he fell to the ground. According to the complaint, the six officers fired at Mr. Heyward 59 times in three volleys.
The complaint alleges that the officers "failed to exhaust other reasonable means of apprehension or prevention prior to resorting to deadly force" and that the fatal shooting was unjustified.
One of the officers, William Salyers, was also involved in the June 29 shooting death of Andrew Carr. According to police reports, Mr. Carr rushed at officers from his Graysville Road home, pointing a pistol at them screaming, "Suicide by cop."
That shooting is still under investigation by the TBI.
Bryan Hoss, an attorney representing the officers in the civil case, said that he expected the district attorney's decision. He noted that the Chattanooga Police Department investigation already had cleared the officers of wrongdoing.
"Our position is that these officers fired at a man who was pointing a gun at them," he said.
The finding from the TBI that Mr. Heyward fired a shot "was a big piece of evidence that came to light during this investigation," he said.
The TBI report is not a public document under Tennessee law unless subpoenaed, an agency spokesman said.
The attorney for Mr. Heyward's family said he has not seen the report but he will review the findings for the lawsuit.
"Now that we apparently have an opportunity to see the report I anticipate it will speed up discovery," said Archie Sanders III, of Memphis.
Shortly after the shooting of Mr. Heyward and the July 1, 2009, police shooting of 15-year-old Alonzo O'Kelley, the local chapter of the NAACP held a meeting of residents and police. It escalated into angry accusations of police cover-ups, passionate cries of racism, hostile questions and outright skepticism of police statements.
Valoria Armstrong, local NAACP chapter president, said she had not read the report but she urged the TBI to release it to dispel confusion and suspicion.
A year after his son's death, Mr. Marine said he wants to know what happened and he wants to see the TBI report.
"We're not asking for them to go after the Chattanooga Police Department," he said. "We're looking for justice for that night."