City of Memphis Police Division Inspectional Services Bureau Principal Of?cer Statement Of?cer?s Name: Marks, Clement Rank: POLICE OFFICER 11 DOB: DOE: 10/11/2010 IBM: 12482 Assignment: Airways Station Shift: Statement taken at: 2714 Union Ext. Date\Time: 4/13/15, 1026 Typed By: Ketressa Gaines Date\Time: 4/15/15, 151] Questioned By: Sergeant Rosario Sgt. Chatman Relative to File: FD2015-009 Q: Please state your name and IBM for the record? A: Clement Marks, IBM is 12482. Q: Are you aware that this statement is being recorded? A: Yes sir. Q: Have you read and did you understand the Garrity Advisory Form? A: Yes sir. Q: Have you dated and signed the form? A: Yes sir. Q: Do you understand that a refusal to answer questions in this investigation constitutes a violation of policies and procedures? A: Yes sir. Q: Will you now participate in the interview by the InSpectional Service Bureau of this department? A: Yes sir. Q: Were you a??orded an opportunity to read the allegations prior to this statement being taken? A: Yes sir. QM Case D2015-009 Page 1 of 7 Q: Do you understand that you are a principle and if the facts determine that you are in violation of policy, procedures and or directives then appropriate action will be taken? A: Yes sir. Q: Do you wish to have an adviser present? A: Yes sir. Q: Adviser please state your name and IBM for the record. A: Essica Littlejohn IBM 1705. Q: Of?cer Marks how long have you been employed by the Memphis Police Department? A: Ah four and a half years. Q: What is your current duty assignment? A: Airways, Charlie. Q: What car were you assigned to on ah excuse me on ah April 10, 2015 at about 10:00 pm? A: Tango 12. Q: And a Tango car what kind of car is that? A: A GHSO ah traffic. Q: Ok what area were you ah working for your GHSO that night? A: Ah Old Allen. I Q: Ok ah were you a one man or two man car? A: One man. Q: Were you involved in a police related shooting on April 10, 2015 at approximately 23 00 hours? A: Yes sir. Q: Was it a dispatched call? A: Yes sir. Q: Ah A: Ah well it was ah the call put out by an off-duty o??icer. Q: Ok ah what was the nature of that call? A: Ah regarding ah suspicious vehicle from Homicide. Q: Ah you mentioned off-duty of?cers can you explain how the call went out? A: Ah of?cers called for additional cars they had possible suspect ah the possible vehicle that was involved in a homicide. (1N tutti Case D2015-009 Page 2 of 7 Q: Did A: And ah they advised the direction the direction of travel. Q: Did they put out a description of the vehicle? A: Yes sir. Q: Ah were you in the area? A: Yes sir. Q: Ah did you pull down into the area and behind that vehicle? Yes sir. A Q: Where did you ?rst contact that vehicle? A: Ah Airways and South of the interstate 240. Q: Ok ah can you describe that vehicle for me? Ah maroon SUV ah had a, a spare tire on the back, back passenger side dark tinted windows. A Q: 0k did you attempt to stop that vehicle? A: Yes sir. Q: Where did you stop it? Ah it?s in the park ah hotel parking lot there at Airways and Democrat. A Q: Ok ah tell me what happened when you initially stopped the vehiclevehicle ah went to approach the vehicle and the passenger bailed out on foot. Q: 0k did you have any other officers there on the scene with you at this time? A: No sir just the ah the off-duty of?cers. Q: 0k ah what happened after the passenger bailed out? A: Ah I chased him. Q: And what direction did you chase him? A: We chase ah ran westbound through the com through the parking lot and northbound behind a building. Q: 0k and how far did you chase him, approximately? A: Maybe 80 to 100 feet. Q: 0k ah as you chased him what happened next? A: Ah he got when he got to the fence line he turned, he turned towards my way went to the waist the waistline his waistline. Q: When you say he went to his waistline can you explain that a little bit more. CM {2.4 ?52 Case FD2015-009 Page 3 of 7 A: Ah he was reaching for something some object. Q: Ah how far away from him were you when he reached for his waistline? A: Ah maybe 20 to 30 feet. Q: Ah what was your response to him reaching for his waistline? A: I pulled my service weapon and ?red. Q: How many times did you ?re? A: I ?red two. Q: Then what happened next? A: Ah he went through ah the fence a hole in the fence and I (inaudible) continued to chase through the fence and I ah stuck my head through the hole in the fence he was coming up out of the ditch pointing towards my direction. Q: Ah when you say pointing as he was facing your directionmotioning with his hands? A: He was motioning with his hand in my direction?re arm? A: I saw an object. Q: 0k ah did-did you believe that to be a ?rearm at the time you saw it? A: Yes sir. Q: Were you in fear for your safety? A: Yes sir. Q: Ah were you ah did you have the opportunity or did you have suf?cient time ah to issue any verbal commands? A: No sir. Q: Ah when you went through the fence and he pointed an object at you what was your response then? A: I ?red another shot. Q: Do you know if the suspect was struck? A: I believe he yes sir he was. Q: 0k ah were you able to take him into custody then? A: Yes sir. Q: Did you get on the air and advise that shots were ?red at that point? cm Case FD2015-009 Page 4 of 7 A: Yes sir. Q: Ah what were the lighting conditions? A: Ah dark no light. Q: Now is that both ah in the area you ?red shots before going through the fence and alter or? A: Before, before the ah going through the fence it was a little light. Q: Ok. A: But when I went through the fence it was no light. Q: 0k what was your background when you ?red the ?rst two shots? A: Ah fence and wooded area. Q: 0k and on the third shot when you were on the other side of the fence what was your background over there? A: Mostly ground and a ditch. Q: 0k was it anybody else present in the area while, when you ?red shots? A: No sir. Q: How close were you to the suspect when you ah when you made-made it to the other side of the fence when you ?red that third shot? A: Maybe 10 feet. Q: What was the ah suspects actions immediately after you ?red your last shot? A: Ah he stated, ?you shot me? and climbed out the ditch and tried to run again. Q: Did you have to use any other subsequent force to take him into custody after he continued to run? A: No sir. Q: Ah did he just give up at that point and go to the ground or? A: He went he went to the ground. Q: Do you have any idea what happened to the object that the suspect was holdingditch a ditch of water. Q: Ah how-how well were you able to see or not see the objects in his hand? A: Ah you could see like a shadow ?gure ah based up on the background you could like see his ?gure. Q: Ah at that moment in time during the foot pursuit ah and-and your-you?re ?ring at him was there any doubt in your mind that he was reaching for a gun? A: Yes sir. cm mu Case D2015-009 Page 5 of 7 Q: There was doubt or was not doubt. A: Ah no sir no doubt. Q: No doubt. Q: When he said you shot me was that the only communication he gave to you during the entire incident? A: Yes sir he just ah, what was the word, continued saying repeating it. Q: During any of the foot pursuit did you give any verbal instructions or announce yourself? A: Police, stop. Q: Just once, many times? A: Just once. Q: Ah you were working a Tango car that night. A: Yes sir. Q: Ah was it a marked car? A: Yes sir. Q: Ah blue lights and sirens activated? A: Blue lights and sirens. Q: What was your uniform that night? A: Ah it was a class uniform. Q: So standard police issued uniform. A: Standard issue. Q: There?s no doubt that he would have known you were a police of?cer? A: Yes sir. Q: Did the ah member of the Inspectional Services do a check and count of your weapon after the incident was over? A: Yes sir. Q: Do you normally carry, how many rounds do you normally carry? A: Ah it?s just three-three mags of twelve so that?s 38 rounds. Q: 12 in each mag and in the chamber? A: 12, 33, 34 that?s the three mags and 12 and one in the chamber. Q: So 37 total. A: 37. QM Case FD2015-009 Page 6 of 7 Q: Do you know what the count was when-when ah the count was conducted? A: I don?t remember. Q: 0k. Q: But you normally carry your weapon fully? A: Fully, fully issued. Q: One more question you said initially when-when he went around the comer ah came to a fence line and turned. A: Uh huh. Q: You said he turned and went for his waistband. A: Yes sir. Q: When you say he turned did he turn away from you toward you? A: Towards me. Q: So he turned to face you? A: Yes sir. Q: 0k. Q: Is there anything else that you?d like to add to your statement? A: No sir. 0k show this statement ending at 10:36 am. I will ask you to read the preceding pages of this typewritten statement and if you ?nd the same to be true and correct as a statement given by you, I ask you to initial the bottom of the preceding pages and sign your name on the line below. (1 Witt ighature Date Case D2015-009 Page 7 of 7