The Commercial Appeal

Police shootings could go public

TBI wouldn’t oppose open records

- By Stacey Barchenger The Tennessean

An attorney for the Tennessee Bureau of Investigat­ion told lawmakers this week that agency leaders would not oppose making their investigat­ions of police shootings and other uses of deadly force public records.

The Tennessee Bureau of Investigat­ion handles all inquiries into officerinv­olved deaths for both the Memphis Police Department and the Shelby County Sheriff’s Office, as of this month.

Most rural areas of Tennessee rely on the statewide agency for those investigat­ions. But Nashville, Knoxville and Chattanoog­a conduct their own investigat­ions when police use deadly force. They can choose to bring in TBI for help, but do not have to.

Jimmy Musice, an attorney for TBI, testified during a Senate Judiciary Committee meeting Monday.

According to Tennessee law, TBI’s investigat­ive records are sealed and not releasable to the public. But should lawmakers change that via legislatio­n, TBI would not resist, Musice told the committee.

“The director has made it pretty clear to me, and I’ve mentioned to you before, that if it is the desire for us to go down this path with legislatio­n, if you need to open up the files in these cases and make that a part of the bill, then we would not oppose that and understand why that would be needed,” Musice said.

He said it would be up to the General Assembly to set parameters for how and when those records would be released.

TBI officials raised concern that taking over investigat­ions in three of Tennessee’s four largest cities would require them to bring on additional staff or divert staff time from other duties.

Rep. G.A. Hardaway, DMemphis, is sponsoring a bill that would require TBI to investigat­e all police shootings in the state.

Hardaway said details of the bill are being worked out, with further research needed to determine the cost of a statewide mandate. He said bringing in other agencies on investigat­ions would help increase transparen­cy of the circumstan­ces of police shootings.

“I think we need to keep in mind no matter what happens in government, no matter how trustworth­y you are, it’s the perception we give citizens that shape their realities,” Hardaway said during the hearing. “The best way to do that is have transparen­cies.”

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