WELLS v. CITY OF CHATTANOOGA

This memorandum is from our representation of Chattanooga Police Officers in Federal Court seeking summary judgment for use of deadly force.

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On July 18, 2009, Our Clients Officers Bacha, Dennison, Moody, Romero, Salyers and Wood were employed with the Chattanooga Police Department as patrol officers and were working third shift within the Fox District. At 4:15 a.m., Officers Dennison, Salyers and Wood were dispatched to a disturbance of a man with a gun in the middle of Rossville Boulevard. Officers Salyers and Wood responded to the scene in different patrol cars along with Officer Romero who came in Officer Dennison’s place.

Upon Officer Salyers arrival, he pulled into the McDonald’s parking lot and saw the deceased, Alonzo Heyward, standing in front of some bushes. Heyward immediately picked up a long rifle that he had thrown in the bushes located in the McDonald’s parking lot. After retrieving the gun, Heyward pointed the barrel of the weapon at his chin and had his finger on the trigger. Officers Romero, Salyers and Wood all parked their vehicles in the McDonald’s parking lot at 4:20 a.m. There were two (2) civilians with Alonzo Heyward, his brother, James Heyward, and a friend, Otis Smartt.

Because Alonzo Heyward was armed with a long rifle, the three (3) officers drew their weapons. All three (3) ordered Heyward to drop his gun. He refused to comply and stated the officers would have to kill him. Even Heyward’s brother, James, and his friend, Otis, were yelling at him to put his gun down. Still Heyward refused to comply.

Alonzo Heyward began walking up a residential street with his loaded rifle. (cont...on document)

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 6th Circuit, Tennessee | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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