In a heart-wrenching turn of events, the wife of a Grammy-winning sound engineer, Mark Capps, who tragically lost his life in January, has initiated a lawsuit against the city of Nashville and a police officer. The incident has raised questions about the use of excessive and unreasonable force, ultimately pushing Capps’ family to seek justice in the courts.
The Tragic Incident
Mark Capps, celebrated for his work on multiple Grammy-winning polka albums, was enduring a tumultuous period in his life leading up to his death. Police investigative files revealed that Capps, plagued by depression and suicidal thoughts, had been deeply affected by the recent loss of his brother.
On the fateful night of January 5, after a night of drinking and taking pills, Capps retrieved two pistols from a bedside drawer and began to verbally assault his wife, Tara Capps. The terrifying situation escalated as he held Tara, her adult daughter, and the daughter’s boyfriend at gunpoint, threatening their lives, even those of their dogs.
Around 5 a.m., Capps finally agreed to put the firearms away. However, the emotional turmoil persisted as he continued to berate his wife for hours until he eventually fell asleep. Fearing for their safety, Tara Capps and her daughter, McKenzie Acuff, decided to seek assistance from their local police precinct.
Filing of Lawsuit
The lawsuit, filed in federal court in the Middle District of Tennessee, claims that Officer Patrick Lancaster interviewed the women and, following the advice of the domestic violence unit, suggested going to the Capps’ residence to take Mark Capps into custody even before obtaining a warrant. Importantly, the lawsuit argues that Officer Lancaster displayed no signs of fear or apprehension about potential danger when proposing this course of action.
In a different scenario, Lancaster was instructed to acquire warrants, and a 13-person SWAT team was dispatched to execute them. Notably, the city of Nashville has a program known as “Partners in Care,” which partners mental health counselors with police officers to handle mental health crises involving firearms or potential dangers. However, these counselors were not summoned to the scene.
The Allegations
The crux of the lawsuit centers around the events that unfolded at the Capps’ front door. The lawsuit asserts that Mark Capps was not brandishing a weapon or taking any actions that posed an immediate threat of harm to the officers. While there exists some body camera footage, it is not entirely clear. Nevertheless, the lawsuit suggests that Officers Ashley Coon and another unnamed officer can both be heard shouting, “Show me your hands!” – a directive that seems inconsistent with a scenario where Capps’ hands were visible on a firearm.
City’s Response
In response to the lawsuit, Metro Nashville Associate Director of Law-Litigation, Allison Bussell, stated that the city had no comment at that time. She pointed out that the city had not yet received the lawsuit and had not reviewed or investigated the allegations.
Police Actions
The lawsuit highlights the initial plan of the police officers, which involved placing explosive charges at the front and back doors of the Capps’ residence and subsequently announcing their presence. However, the situation took an unexpected turn when Mark Capps opened the front door as the officers were in the process of placing a charge.
In the ensuing confrontation, Officer Ashley Coon, a member of the SWAT team, fired a fatal shot, resulting in the loss of Mark Capps’ life. The three officers who were in close proximity to the door all conveyed that Capps had pointed a firearm at them, with Coon specifically mentioning that Capps’ finger was on the trigger. The subsequent investigation, conducted by authorities, concluded that the shooting was justified, and no charges were filed against the officers involved.
Legal Implications
The lawsuit raises critical questions about the use of force by law enforcement in the face of individuals experiencing mental health crises. It contends that Coon employed excessive and unreasonable force when she shot Mark Capps, who, according to the suit, did not pose an immediate threat to the officers at the scene. Furthermore, it asserts that the city of Nashville bears responsibility for Capps’ untimely demise due to fostering a “culture of fear, violence, and impunity” within the Metro Nashville Police Department.
The tragic death of Grammy-winning sound engineer Mark Capps has ignited a legal battle that could shed light on the complexities of using force during mental health crises. As the lawsuit progresses, it remains to be seen how the court will weigh the evidence and determine the fate of the case. Meanwhile, Mark Capps’ family seeks answers and justice for the loss of their loved one, in the hope that such incidents can be prevented in the future.