Tag: Connor Schilling

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Retirement Granted for Memphis Officer Who Killed Darrius Stewart

Connor Schilling

Connor Schilling, the Memphis Police officer who shot and killed 19-year-old Darrius Stewart last summer during a traffic stop, has been granted a “line of duty retirement” by the city of Memphis pension board.

In November, a Shelby County Grand Jury declined to indict Schilling despite a recommendation by Shelby County District Attorney Amy Weirich to indict the officer for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony. Shortly after the July 17th shooting, the Tennessee Bureau of Investigation (TBI) took up the case. They delivered their report to Weirich’s office last August, and the grand jury decision came down a few months later.

To take advantage of a line of duty retirement, a city employee must have two independent doctors verify the employee is disabled emotionally or physically. Schilling, who served on the force for nearly four years, will receive a pension of $1,138.19 twice each month. His retirement is effective April 1st.

“This retirement was granted by the pension board, because it is required under the city’s pension laws based on the recommendation of two doctors,” said the city’s chief legal officer Bruce McMullen. “Because Connor Schilling was under a doctor’s care, his administrative hearing with the Memphis Police Department was temporarily deferred. His retirement means the hearing cannot continue.”

Schilling was awaiting a Memphis Police Department (MPD) administrative hearing for violating handcuffing and radio procedures in the Stewart incident at the time of his retirement. At a press conference Thursday afternoon, MPD interim director Michael Rallings said the department was still reviewing the 800-page TBI file, in preparation for the hearing, when Schilling announced his retirement. Had the hearing occurred, Rallings said Schilling could have been facing punishment ranging from a written reprimand to termination. 

Stewart was shot on July 17th by Schilling after the car Stewart was a passenger in was pulled over for having a headlight out. Stewart was detained in the back of a squad car after the traffic stop while Schilling checked for warrants. When Schilling discovered Stewart had two outstanding warrants in Illinois and Iowa, he opened the squad car door to place handcuffs on Stewart. Schilling said Stewart then attacked him and struck him with the handcuffs. During the struggle, Schilling fired at Stewart. Stewart died from two gunshot wounds, according to the Shelby County Medical Examiner’s report.

Rallings said that he believed Stewart’s family was preparing for a civil lawsuit.

He said that, after the shooting, he personally went to Stewart’s mother’s home to offer her any help the MPD could give.

“We have been praying for that family since that incident happened,” Rallings said. “I have no idea what it’s like to be Darrius Stewart’s mother, but I know what it’s like to be hurt and experience death first-hand.”

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Darrius Stewart Attorneys Offer Reward for Video Footage of Shooting

Darrius Stewart

Attorney Carlos Moore announced a $2,500 reward for anyone who has video footage capturing the July shooting of Darrius Stewart by Memphis Police officer Connor Schilling.

The video must capture the scene in its entirety, including both gunshots. Schilling shot Stewart twice, but his story differs from several witness accounts. Schilling has said that both shots happened back to back, while some witnesses said there was a break between shots. Schilling also said he fired both shots at Stewart while Stewart was on the ground, claiming he feared for his life. Witnesses said the second shot occurred when Stewart was attempting to flee from Schilling.

Moore’s office will provide any submitted video footage to the Department of Justice and the Tennessee Bureau of Investigation (TBI). There are several videos included in the massive TBI file on the case released to the public on Tuesday, but none capture the entire ordeal.

“As attorneys for this family, we want to leave no stone unturned,” said Moore. “In light of the new information that has been revealed through the TBI file, Darrius’s family is convinced that Connor Schilling should face a jury of his peers for his actions that night. We want to do everything in our power to find the missing pieces to this puzzle.”

Anyone who may have knowledge of a video or may have recorded the incident on a cellphone or other recording device should contact the office of Horne & Wells, PLLC at (901) 507-2520.

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Witnesses Say Darrius Stewart Tried to Run, Schilling Shot Him From Behind

Connor Schilling

After a struggle on the ground, Memphis Police officer Connor Schilling shot Darrius Stewart, who then tried to run away. Schilling shot Stewart a second time as he ran away, according to several witness statements in the TBI investigation into the Stewart case released this morning.

One witness, whose name was redacted from the report, said they were driving down Winchester when he or she noticed Schilling and Stewart “wrestling in a grassy area.” The witness was talking to another person when they heard the first gunshot, so they didn’t see that happen. The witness turned back to the scene and saw Stewart, who had been shot, attempting to flee. The witness said “the officer shot him again” as he tried to run.

Another witness, whose name was also redacted, was pulling into his or her apartment when they noticed Schilling and Stewart wrestling.

Here’s part of that witness’ statement:
“Darius [sic] was trying to get up, and the officer was trying to hold him down. I turned to get my phone to video it because, at that time, I felt the officer was doing his job. As I turned to get my phone, I heard a gunshot. I did not see what caused the officer to shoot. When I turned back around, they were both still on the ground, and I saw the officer getting up. I then saw Darius [sic] start getting up. He turned to run, and I saw the officer shot him in the back [sic]. I was only able to get video of them after Darius [sic] ran over by a bush in the dark area.”

Another witness was pulling out of his or her apartment onto Winchester. The witness saw another witness pulled over, watching the scene and that witness’ truck was blocking the apartment exit.

“Before I said anything to the man in the truck about moving his truck, I heard the boy that was stopped by the cop hollering ‘I can’t breathe. I can’t fucking breathe.’ The officer was standing beside the boy, and it looked like the boy was trying to get up off the ground with his legs without using his arms. The boy kept hollering on loud. … When the boy got up, I saw the officer extend his arm, and then I heard ‘pow.’,” the witnesses’ account said.

According to Stewart’s autopsy, he was shot twice, but one shot went into his right upper chest and the other his left upper arm. The second shot exited and entered his lateral chest wall, it says.

On July 17th, Schilling stopped the vehicle Stewart was a passenger in. Stewart was placed inside Schilling’s patrol car while he checked for warrants. Stewart had warrants, and when Schilling attempted to handcuff Stewart, the officer says the 19-year-old then tried to assault Schilling with his cuffs. Schilling fired his service weapon and struck Stewart, who died later at Regional One Health.

The case was investigated by the TBI, and by law, TBI investigatory files are sealed unless ordered open by a court. Based on the TBI investigation, District Attorney General Amy Weirich recommended to a grand jury that Schilling be indicted for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony, but the jury chose not to indict. Weirich then filed a petition in Chancery Court to have the TBI files opened to the public. Those files were posted on the DA website this morning.

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VIDEOS: Darrius Stewart File Available For Public Viewing

Darrius Stewart

The Tennessee Bureau of Investigation (TBI) file on the Darrius Stewart case is now open for public viewing on the Shelby County District Attorney’s website. The file was ordered open by the Shelby County Chancery Court, despite attempts by Memphis Police officer Connor Schilling to prevent the file from being unsealed.

On July 17th, Schilling stopped the vehicle Stewart was a passenger in. Stewart was placed inside Schilling’s patrol car while he checked for warrants. Stewart had warrants, and when Schilling attempted to handcuff Stewart, the officer says the 19-year-old then tried to assault Schilling with his cuffs. Schilling fired his service weapon and struck Stewart, who died later at Regional One Health.

The case was investigated by the TBI, and by law, TBI investigatory files are sealed unless ordered open by a court. Based on the TBI investigation, District Attorney General Amy Weirich recommended to a grand jury that Schilling be indicted for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony, but the jury chose not to indict. Weirich then filed a petition in Chancery Court to have the TBI files opened to the public. Those files were posted on the DA website this morning.

The Flyer is reviewing the large document, which contains police reports and supplements, witness interviews, the medical examiner’s report, forensic results, photographs, and cell phone videos. We’ll post an update on our findings soon. For now, here’s a link to the report.

Here are the videos released with the case files today:

Stewart and Schilling struggle on the ground:

VIDEOS: Darrius Stewart File Available For Public Viewing

Stewart and Schilling continue to struggle on the ground:

VIDEOS: Darrius Stewart File Available For Public Viewing (2)

Witness points camera to (presumably) where Darrius Stewart lies on the ground. “(The) police just shot him twice,” the witness says:

VIDEOS: Darrius Stewart File Available For Public Viewing (3)

Female witness points camera to where (presumably) Stewart lies on the ground. She describes what she saw (strong language):

VIDEOS: Darrius Stewart File Available For Public Viewing (4)

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Courts Says TBI File in Darrius Stewart Case Should Be Released

Connor Schilling

The Tennessee Bureau of Investigation (TBI) file on the Darrius Stewart case should be released for public viewing, according to a ruling made Shelby County Chancellor James R. Newsom III on Tuesday.

But Newsom stayed the order until December 15th, giving Memphis Police officer Connor Schilling, who shot and killed the unarmed Stewart on July 17th, time to file an appeal.

Schilling’s attorney had been fighting to keep the report closed to the public, citing a concern that he might be facing a federal indictment and opening the record would jeopardize his right to an impartial jury.

Once available, the report could be viewed until February 8th on the Shelby County District Attorney website, and following that, the judge would have to rule if that period should be extended.

On November, a Shelby County Grand Jury declined to indict Schilling on state charges despite a recommendation by Shelby County District Attorney Amy Weirich to indict the officer for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony. 

Stewart was shot on July 17th by Schilling after the car Stewart was a passenger in was pulled over for having a headlight out. Stewart was detained in the back of a squad car after the traffic stop while Schilling checked for warrants. When Schilling discovered Stewart had two outstanding warrants in Illinois and Iowa, he opened the squad car door to place handcuffs on Stewart. Schilling said Stewart then attacked him and struck him with the handcuffs. During the struggle, Schilling fired at Stewart. Stewart died from two gunshot wounds, according to the Shelby County Medical Examiner’s report.

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Grand Jury Secrecy Questioned in Wake of Stewart Case

A secret group got secret information about a very public matter. They formed a secret opinion, which was made public, but all of their other secrets will remain secret. Public officials herald this secrecy, noting that it shows the system works.

The shooting death of Darrius Stewart remains a mystery to most in Memphis. Few know what really happened. But members of a Memphis grand jury know. This secret group recently heard secret details of Stewart’s shooting death by Memphis Police officer Connor Schilling.

Shelby County District Attorney General Amy Weirich very publicly asked the grand jury to indict Schilling on charges of voluntary manslaughter — the intentional killing of another under adequate provocation or “in the heat of passion” — and of firing his weapon during a “dangerous felony.” The grand jury indictment would have given Weirich permission to put Schilling on public trial for the charges.

But in an instance that experts call “rare,” the grand jury denied the D.A.’s request altogether, apparently unconvinced that Schilling had done anything wrong. That was that for Schilling, as far as the Shelby County criminal justice system is concerned.

This left many in Memphis scratching their heads. Weirich must have known it would. She spent a chunk of a news conference last week explaining the basics of the grand jury system to reporters and handed out a fact sheet that called the system “one of the most important, yet least understood aspects of the criminal justice system.”

When pressed by reporters, Weirich stressed the fact that she wanted the indictment but that the grand jury is an independent body: “They don’t work for me. They don’t work for the D.A.’s office. They are selected from the community.”

But her statement isn’t enough to convince some in Memphis. Josh Spickler, the executive director of Just City, a group advocating for criminal justice reform in Memphis, said it is rare that such a case wouldn’t get an indictment, “especially when it’s a case that’s strong enough for the top elected law enforcement official in the county to ask for a particular charge.”

“It’s a whole lot to ask of us to accept that a white police officer, who [Weirich] wanted to indict, was not indicted and that you’ve done the best you can do,” Spickler said.

He called getting a grand jury indictment “routine,” and even Weirich’s handout noted grand jurors return more than 10,000 indictments a year “ranging from shoplifting to first-degree murder.”

For years, legal groups, including the American Bar Association (ABA) and the National Association of Criminal Defense Lawyers, have pushed for reform of the grand jury system.

The ABA notes that grand juries are closely guided by prosecutors, though Weirich has said case officers, not prosecutors in her office, work with grand juries. No judge oversees the proceedings, and lawyers for those under investigation play no role in the hearings, according to the ABA, “meaning that the grand jury makes its findings without hearing both sides of the case.”

“Today some legal observers fear that grand juries have become simply a tool of prosecutors and that grand jurors have lost their independence,” reads an ABA statement.

Spickler said the Shelby County grand jury system indicts a “disproportionately high percentage” of African-American men and that “99.9 percent” of the people grand juries do indict here are not police officers.

“It’s just too much,” he said. “It’s just too much to accept that the grand jury system worked [in the Stewart case].”

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Officer Who Shot Darrius Stewart Will Not Face Criminal Charges

Darrius Stewart

Connor Schilling, the Memphis Police officer who shot and killed 19-year-old Darrius Stewart during a traffic stop this summer, will not face criminal prosecution.

On Tuesday, a Shelby County Grand Jury declined to indict Schilling despite a recommendation by Shelby County District Attorney Amy Weirich to indict the officer for voluntary manslaughter and employment of a firearm during the commission of a dangerous felony. 

“I was confident in asking the grand jury to indict, but this is not a jurisdiction where we present cases to the grand jury for possible indictment when we don’t think an indictment is the proper result. In some jurisdictions, everything is presented to the grand jury, but that is not how this office functions,” Weirich said.

Memphis Police Director Toney Armstrong said later on Tuesday that Schilling will face an administrative hearing, possibly next week. He is still relieved of duty with pay, and that hearing could determine if Schilling should be suspended with pay or possibly terminated.

Stewart was shot on July 17th by Schilling after the car Stewart was a passenger in was pulled over for having a headlight out. Stewart was detained in the back of a squad car after the traffic stop while Schilling checked for warrants. When Schilling discovered Stewart had two outstanding warrants in Illinois and Iowa, he opened the squad car door to place handcuffs on Stewart. Schilling said Stewart then attacked him and struck him with the handcuffs. During the struggle, Schilling fired at Stewart. Stewart died from two gunshot wounds, according to the Shelby County Medical Examiner’s report.

The Tennessee Bureau of Investigation conducted an independent investigation into the case, and their report of 800 pages was submitted to Weirich’s office in August. She reviewed the report and made the recommendation to indict Schilling. But the grand jury declined to do so.

Connor Schilling

“The grand jury is an independent body. They don’t work for me. They don’t work for the DA’s office. They work for the community. It’s just like any of you who have sat on jury duty,” Weirich said.

Grand juries are made up of 12 members, selected by the administrative judge of criminal court, and they’re tasked with determining if there is probable cause to bring someone to trial. They do not decide guilt or innocence. Twelve votes are needed for an indictment.

Weirich said she has filed a petition in chancery court that would allow her office to release the TBI’s report. TBI records are not open to the public with the exception of a subpoena or an order of the court. If granted, she said she has requested that she be allowed to post the report on her office’s website.

Weirich said she has spoken with Stewart’s mother, but she declined to divulge the details of that conversation. 

“As difficult as this news will be for the community to receive, I think what has to be stressed is the process worked,” Weirich said. “The system worked. Our criminal justice system worked the way it was designed. There was an independent investigation. There was an independent review of that investigation by me and others in this office. And there was an independent presentation and decision on that work as to what it meant and what the results should be. The grand jury has spoken under its statutory authority”

U.S. Congressman Steve Cohen released a statement Tuesday night calling for the Department of Justice to open a federal civil rights investigation.

“I respectfully urge the Department of Justice to open an investigation immediately,” said Cohen. “We need to know whether any federal civil rights laws have been violated, and only the federal government has the resources, expertise and independence to give this matter the full, fair and public review it deserves.”

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TBI Delivers Report on Darrius Stewart Shooting

Darrius Stewart

Shelby County District Attorney General Amy Weirich is now in possession of the Tennessee Bureau of Investigation’s (TBI) 800-page report on the Darrius Stewart investigation. But Weirich said at a press conference on Thursday morning that she had not yet read the report or determined if charges would be filed against Memphis Police officer Connor Schilling.

Stewart was shot on July 17th by Schilling after the car Stewart was a passenger in was pulled over for having a headlight out. Stewart was placed in the back of a squad car after the traffic stop while Schilling checked for warrants. The police account of what happened says that, when Schilling opened the squad car to handcuff Stewart, the man kicked the door and tried to attack the officer. Shortly after the warrant check, police reported that Stewart had been shot and an ambulance was called for. Stewart later died at the Regional Medical Center. 

Shortly after the incident, Weirich asked the TBI to investigate, and the results of that nearly month-long investigation were delivered to Weirich this morning.

Weirich said she would begin reading through the report today and will eventually make a determination as to whether or not criminal charges against the officer “are warranted under the state of Tennessee.” She would not give a timeline as to when she might be ready to make that decision, but she asked the public for patience during the process.

“At the appropriate time, some, if not all, of the report will be made available to the public,” Weirich said.

She said the TBI report contains all manner of witness statements, interviews, an autopsy report, and forensics reports.

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MPD Does Not Have Passenger Policy For Traffic Stops

Darrius Stewart

Darrius Stewart, the 19-year-old Memphis man who was shot and killed by Memphis Police officer Connor Schilling, was a passenger in a car pulled over for having a headlight out.

The driver of the vehicle reportedly got off with a ticket, but police on the scene put Stewart in the back of a squad car while running a check for active warrants. The police account of what happened says that, when Schilling opened the squad car to handcuff Stewart, the man kicked the door and tried to attack the officer. Shortly after the warrant check, police reported that Stewart had been shot and an ambulance was called for. Stewart later died at The Med. Some have questioned whether or not the police should have even been checking on warrants for a passenger.

When asked if the Memphis Police Department (MPD) had a policy in place on dealing with passengers during traffic stops, MPD spokesperson Karen Rudolph said no set policy exists.

“There is no policy in place that says to or not to check passengers in a vehicle; however, it is common practice for officers to identify those they come in contact with during a traffic stop or while on the scene of any other type of call. The person may be requested but not compelled to provide identification or other information,” Rudolph wrote in an email to the Flyer.

In a press conference Wednesday morning, Memphis chapter NAACP president Keith Norman said they were looking into the rights of passengers in traffic stops.

“We have questions about what are the rights of a passenger under the rule of law during a mere traffic violation,” Norman said. “Should officers have the right to question everyone in the car? This can lead to inappropriate contact with citizens who have not committed a crime.”

On Wednesday afternoon, Mayor A C Wharton released a statement on the need for a clear policy on questioning, searching, and detaining passengers in cars at traffic stops.

“I’ve not gotten a clear answer,” said Wharton. “I have asked Director [Toney] Armstrong to do a thorough review and make sure we immediately get a clearly understood policy as to when it is standard operating procedure or permissible to question, detain and search a passenger. Police stops are made every day and officers need to know this.”

“This not just about the Stewart case. We have heard assertions about ‘driving while Black’, now we hear questions about ‘riding while Black’. The public wants to know what the courts say about their rights as passengers, what MPD policy is, and what’s being taught in the police academy. These are the questions I’m being asked and that we need answers to,” Wharton said.

The Tennessee Bureau of Investigation is currently looking into the case. Schilling has been relieved of duty pending the outcome of the investigation.

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NAACP Expresses Support for TBI Investigating Police Shooting

Darrius Stewart

In a press conference at First Baptist-Broad on Wednesday morning, Keith Norman, president of the Memphis chapter of the NAACP, said the organization supports the Tennessee Bureau of Investigation (TBI) looking into the police shooting death of Darrius Stewart.

Norman said the organization helped state Representative G.A. Hardaway in crafting a bill to mandate that all police-involved shootings in the state be investigated by the TBI rather than by police departments in their own jurisdictions.

“No local body should should do an investigation of a police shooting. An independent body should investigate,” Norman said. 

On Monday, the Memphis Police Department and Shelby County District Attorney Amy Weirch announced that Stewart’s Friday night shooting death by Memphis Police officer Connor Schilling would be investigated by the TBI rather than by the MPD. The decision has been criticized by some because TBI files are sealed from the public. Many are calling for more transparency in the investigation.

Norman said he supported that transparency, and he urged citizens to push for a change in the law that would require TBI documents to be made public.

“I would encourage all citizens to get involved in petitioning for a change in the law so that findings could be made public,” Norman said.

Norman said the NAACP will also be looking into protocol for dealing with passengers in cars during traffic stops. Stewart was riding in a car that was pulled over for having a headlight out. 

Norman said that people should remain calm while the investigation is underway. Stewart was placed in the back of a squad car during the traffic stop while Schilling checked for warrants. The police account of what happened says that, when Schilling opened the squad car to handcuff Stewart, the man kicked the door and tried to attack the officer. Shortly after the warrant check, police reported that Stewart had been shot and an ambulance was called for. Stewart later died at The Med. Some have questioned whether or not the police should have even been checking on warrants for a passenger.

“We have questions about what are the rights of a passenger under the rule of law during a mere traffic violation,” Norman said. “Should officers have the right to question everyone in the car? This can lead to inappropriate contact with citizens who have not committed a crime.”