DA releases recording of man's 911 call before he was fatally shot by police

No charges will be filed against the Chattanooga officers who shot and killed Javario Eagle

A Hamilton County Sheriff's Office investigator records video of the scene of a Chattanooga police officer-involved shooting at Emma Wheeler Homes on Dec. 12, 2015.
A Hamilton County Sheriff's Office investigator records video of the scene of a Chattanooga police officer-involved shooting at Emma Wheeler Homes on Dec. 12, 2015.

During a call with a 911 dispatcher on Dec. 12, Javario Eagle asked her to get his money for the secret society.

"What do you mean now?" the dispatcher asked. "What's going on there?"

"There's the secret society," the 24-year-old father responded. "Y'all know what's up. Why y'all doing our children like that? That's crazy. All you got to do is come to the school.

photo A Hamilton County Sheriff's Office investigator records video of the scene of a Chattanooga police officer-involved shooting at Emma Wheeler Homes on Dec. 12, 2015.Staff File Photo by John RawlstonDistrict Attorney General Neal Pinkston

"School," Eagle continued, his voice rising to a shout, his words drawn out. "Schoooool, schooool, school! Y'all got to quit doing our people like that.

"Pray for my family," he said, starting to sob.

"Pray for my people, please."

Shortly after the nearly nine-minute phone call, Eagle was shot by Chattanooga police outside his apartment on Woodland View Circle. He died later that day at Erlanger hospital.

On Wednesday, District Attorney General Neal Pinkston announced he would not file criminal charges against the six officers involved because their use of force was justified. Pinkston did, however, release new details about what investigators say happened that day.

It started with the 911 call, a recording of which the Times Free Press received Wednesday.

After mentioning the "secret society," Eagle talked about going to work. Then he launched into a rant about how "they're killing out kids."

"You're about to go to work?" the dispatcher asked.

Eagle screamed: "They're killing our kids, man! They killing our kids! They're killing our kids!"

"Who is 'they'?" the dispatcher asked.

Eagle never answered the question.

At another point, the dispatcher asked if Eagle had weapons in the house.

"Yeah, of course," he replied.

When the dispatcher asked what kind of weapons, Eagle fell silent for a couple of minutes.

"Hello?" the dispatcher said. "Javario?"

After the 11:51 a.m. call, police were dispatched "on a report of a mental health consumer who was speaking irrationally and in a highly agitated state," and they arrived at the scene three minutes later, records show.

The first officer to arrive, Kevin Cobb, said he saw Eagle on the front porch while his 4-year-old girl played outside. Unarmed, Eagle kept repeating his message about children being killed.

The officer said he called Eagle over, but the man turned away and walked back inside, the 4-year-old close behind. Cobb retreated to his patrol car, watching as Eagle wandered in and out of the apartment. Cobb called a Crisis Response Team officer at 11:56 a.m.

Then, the officer heard a gunshot "pop" inside the apartment, records show.

After walking in and out of the apartment and ignoring more than 40 requests to drop the weapon, Eagle emerged with a gun in his hand, a bayonet tucked between his chest and arm, and the child.

Cobb said Eagle set the 4-year-old down on the ground. Then he vanished inside again. Seeing an opportunity, another officer ducked out from behind a tree, scooped the girl up, and began running to safety.

At that moment, records show, the front door swung open. Eagle came sprinting out of the house - gun in one hand, samurai sword in the other, and the bayonet still under his arm.

He charged after the officer, stopped midway, and aimed at the officer's back. Officers held off from firing because there wasn't a clear shot. Then, at 12:06 p.m., a gunshot rang out.

Eagle fell on his side.

Then, as officers swarmed, he reached for his gun. The officers opened fire - all told, 19 times.

After the shooting, six officers were placed on paid leave: Allen Griffith, Lorin Johnston, Tim McFarland, Mitchell Moss, Christopher Palmer and Jacques Weary.

The Hamilton County Sheriff's Office took over the criminal investigation of Eagle's death immediately and turned its finding over to Pinkston's office for a decision on whether the shooting was justified.

Pinkston said Wednesday he reviewed timelines, statements from officers and witnesses, and the police department's incident report throughout the investigation. He said two to three witnesses videotaped the shooting, which could offer a different perspective on how it happened. But they never came forward.

Police Chief Fred Fletcher said Wednesday he had not seen a copy of the sheriff's investigative report. He wasn't aware of Pinkston's decision until Wednesday's announcement, which included the names of his officers.

"The Chief of Police has not received a copy of this investigative report following the completion of General Pinkston's review," spokesman Kyle Miller said in a statement. "The Chief was notified via media reports [Wednesday] morning concerning the General's decision and spoke directly to the General moments ago to request a copy of the report."

The police department will conduct an internal administrative review to check whether officers followed department policy during the shooting, Miller added.

Eagle's family members attended Pinkston's news conference Thursday, led by Ash-Lee Henderson, an organizer with Concerned Citizens for Justice, who said she was helping them achieve justice through the legal process.

"When people ask why there's mistrust in the community, it's because of these behaviors," Henderson said of the shooting, adding that people who had a different version of the shooting were afraid to come forward.

Family members declined comment. But they did schedule a sitdown this morning with Pinkston, the first face-to-face meeting since the shooting.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347 with story ideas or tips. Follow @zackpeterson918.

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