Officers Justified in Shooting Death of Gunman

May 6, 2021 – Two Memphis police officers were legally justified when they shot and killed a Frayser man who pointed a handgun at one of them from close range and refused their commands to drop the weapon, Shelby County Dist. Atty. Gen. Amy Weirich said Thursday.

The incident involving 35-year-old Antonio Smith Jr. occurred the night of Dec. 26, 2019, in the 3600 block of Hallbrook Street near Corning Avenue. A woman with a baby was outside screaming, “Help. Someone’s trying to kill my baby’s daddy.” 

The two officers, who were investigating an unrelated prowler call next door, were going to the woman’s aid when they saw Smith. He had a pistol in one hand and a board in the other as he chased a man across the yard.

One of the officers stepped in Smith’s path as the man he was chasing ran by. Both officers drew their weapons and held flashlights on Smith, identified themselves as police officers, and ordered him to drop his weapons.

Smith did not respond, but instead raised his arm and pointed his pistol at one of the officers from about 10 feet away. That officer and his partner both fired. Smith, whose blood alcohol level was .12, was struck twice in the chest and was pronounced dead at the scene.

The incident was recorded on both officers’ body-worn cameras.

According to procedure, DA Weirich asked the Tennessee Bureau of Investigation to handle the investigation and compile a report on the incident, including witness interviews, videos, crime scene photos, ballistics, autopsy results, and other details.

The TBI report was reviewed by the Officer Involved Death Review Team, which includes DA Weirich and five senior attorneys.

“Based on the review and legal analysis of the TBI report, the two officers were legally justified in their use of lethal force in this case,” she said. “The armed suspect, who ignored their commands to drop his weapons, clearly posed a threat of serious bodily injury to themselves and to bystanders. The officers had no other reasonable option but to shoot.”

The decision considers only state criminal law.

The TBI report, as well as a PowerPoint summary by DA Weirich, can be viewed here. Redactions have been made in accordance with Tennessee law and privacy standards.