Shooting Death of Gunman Justified

Aug. 28, 2020 – A Memphis police officer acted within the law when he shot a man who was walking in the middle of James Road in Raleigh and pointing a gun at passing motorists and police, said Shelby County Dist. Atty. Gen. Amy Weirich.

The incident occurred on a rainy night on Dec. 13, 2018, after police received two separate 911 calls from motorists who said the man, Andre Horton, 42, had pointed a handgun at them as they passed.

When officers arrived in their marked patrol cars, Horton walked toward them and pointed his gun at them as well. One officer said he had to put his vehicle in reverse because he “felt like a sitting duck” in the gunman’s sights.

He said Horton then turned his attention to another officer who arrived from the opposite direction on James Road. That officer said he put his spotlight on Horton and ordered him to drop his gun, but that Horton advanced to within 20 feet with his gun still pointed at the officer.

The officer fired, striking Horton in the chest and grazing his neck and abdomen. Horton was pronounced dead at a hospital. The incident was captured on the officer’s body-worn camera.

Horton’s weapon was a realistic-looking air pistol that the 911 callers described as “a semi-automatic” and “a 45-cal.” handgun.

“These officers were responding to the concerns of panicked motorists about a man pointing a gun at them,” said DA Weirich. “He not only ignored an order to drop the weapon, but he also continued to walk toward the officers while pointing the gun at them. Mr. Horton left the officer with no choice but to discharge his weapon.”

The findings were based on a review of the Tennessee Bureau of Investigation report compiled by its Violent Crimes Response Team. The report and a video summary by DA Weirich can be found here.