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City of Memphis

Police Division

Inspectional Services Bureau

LCase Statement of Charges 7
Officer?s Name: Marks, Clement IBM 12482

Rank: POLICE OFFICER II

Assignment: Airways Station - Date: April 24, 2015

 

 

Notice is hereby given that you are being charged with violation(s) of policy, law or
regulations as shown below:

DR 101 Compliance With Regulations: to wit Use of Deadly Force i 
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Date of Occurrence: A ril 10, 2015 
Him is? Mm?j

Statement of Particulars:

On April 10, 2015, at approximately 2300 hours, you responded to a call from an off-duty
o??icer regarding a possible suspect vehicle from an earlier homicide on Durby Circle where
a 7 year old female was shot and killed. You stopped the vehicle at 2745 Airways. Eric
Williams, a passenger in the vehicle, bailed out and a foot chase ensued, ending when you
shot him and took him into custody. At no time before ?ring shots, did you articulate that
you saw a weapon or anything resembling a weapon. Although you clearly perceived a
threat, absent any physical description of a weapon, and having only the belief that Williams
may be armed, you cannot justify that Williams posed an immediate threat of death or serious
bodily injury, which is required by policy before deadly force is authorized.

DR 101 COMPLIANCE WITH REGULATIONS
Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules,

regulations, orders, or directives of the Department.

The Memphis Police Department Policies and Procedures Manual, Chapter 2, Section
8, Response to Resistance, pages 1-11, states in part:

IV. Use of Deadly Force Authorized

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Of?cers shall use only the NECESSARY amount of force that is consistent with the
accomplishment of their duties, and must exhaust every other reasonable means of

A. Use of Deadly Force in Defense of Self or Others

Officers are authorized to use deadly force:

1. In self defense where the of?cer has been attacked with deadly force, is being threatened
with the use of deadly force, or where the of?cer has probable cause and reasonably
perceives an immediate threat of deadly force; or

2. In defense of others where a third party has been attacked with deadly force, is being
threatened with the use of deadly force, is in danger of serious bodily injury or death; or
where the of?cer has probable cause and reasonably perceives an immediate threat of deadly

force to a third party.
B. Use of Deadly Force to Affect an Arrest

Of?cers are authorized to use deadly force to effect the arrest of a ?eeing felon only when:

l. The of?cer has probable cause to believe the individual to be arrested has committed a
felony involving the in?iction or threatened in?iction of serious bodily injury; AND

2. The officer has probable cause to believe that the individual to be arrested poses a threat
of death or serious bodily injury, either to the of?cer or to others unless immediater

apprehended; AND

3. Where feasible, the of?cer has identi?ed himsel?herself as a police of?cer and given
warning such as, that deadly force is about to be used

unless ?ight ceases; AND

4. If all other means of apprehension available to the of?cer under the attendant
circumstances have been exhausted.

V. Use of Deadly Force Prohibited
The use of DEADLY FORCE is prohibited in the following circumstances:
A. To apprehend or arrest a person for a misdemeanor offense; or

B. To effect the arrest of any person for escape from the commission of any misdemeanor
o?'ense; or

C. As warning shots [Wamng shots will not be utilized under any circumstance or

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D. To apprehend or arrest a person known to be or believed to be a juvenile, unless the use
of deadly force is immediately necessary in the defense of the of?cer's life or of another
person?s life after all other reasonable means have been exhausted [The of?cer?s knowledge
or belief of a person's age may be based upon factors such as the of?cer?s previous
knowledge of the person, his observations of the person's appearance, or upon reliable

information given to him by other persons]; or

E. To apprehend or arrest a person ?eeing from a felony which is not a violent felony [This
includes, but is not limited to, felonies such as auto theft, larceny, embezzlement, ?aud,
burglary of an auto, or any other felony, which does not involve the use of deadly force,
attempted use of deadly force, or threatened use of deadly force]; or

moving vehicle, except in a case where an of?cer has probable cause to
believe that the suSpect committed a violent felony and the poses a direct threat of serious
bodily injury or death to other persons if not immediately apprehended [If the of?cer is in the
path of the vehicle, the of?cer?s ?rst responsibility, if possible, is to move from the path of
the oncoming vehicle, as shooting the driver of a moving vehicle raises the danger from an

uncontrolled vehicle]; or

F. From or at any

G. In any case, where the of?cer does not have a clear ?eld of ?re and cannot be reasonably
certain that only the suspect will be hit and that the potential for harm to innocent persons is
minimum.

ill be reviewed and become a part of this ?le)

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Issuing Of?cer

9% 

arging Of?c

(The officer?s disciplinary resume