District Attorney General Neal Pinkston said Wednesday he will not file charges against the six Chattanooga Police Department officers involved in the Dec. 12, 2015, fatal shooting of Javario Eagle.
His office said, "An investigation conducted by the Hamilton County Sheriff’s Office found use of deadly force by officers Lorin Johnston, Allen Griffith, Tim McFarland, Mitchell Moss, Christopher Palmer and Jacques Weary was justified under T.C.A. 39-11-620 and T.C.A. 40-7-108 because Eagle refused repeated commands to surrender to uniformed officers and pointed a pistol at two officers and his young daughter.
"General Pinkston’s review is intended to determine whether Chattanooga Police officers performed their duties in a legally justified manner. It does not address compliance with department policies or any issues related to civil liability."
Timeline established by HCSO
11:51AM(apx) JaVario Eagle called 911
During the call, Eagle appeared to be agitated; was making irrational statements.
11:52AM CPD officer Kevin Cobb dispatched to 5113 Woodland View Circle to check on a mentally disturbed party.
11:54AM Cobb arrived on scene, almost immediately encountered Eagle in the courtyard outside Eagle’s apartment.
Eagle was exhibiting disturbing behavior, had a small child with him and a pistol in his hand.
Officer Cobb radioed for backup and began instructing Eagle to put down the gun.
Eagle ignored Cobb, entered/exited his apartment several times. Officer Cobb heard what he recognized as a gunshot while Eagle was inside his apartment.
Sgt Churchwell was first backup officer to arrive.
Officer Cobb continued to instruct Eagle (in excess of 40 times) to put down the gun.
Eagle twice threw the gun in the courtyard but then retrieved it.
During this time, Officers Griffith, Weary, Johnston, McFarland, Palmer, Moss and Probationary Officers Trumbo and Yates arrived on scene, took cover positions.
Sgt. Churchwell coaxed Eagle’s daughter away from her dad when Eagle momentarily left the child alone outside the apartment.
As Sgt. Churchwell picked up the girl and turned to carry her to safety, Eagle came out of his apartment armed with a pistol and a samurai sword.
Eagle ran towards Sgt. Churchwell with his weapons pointed at the sargeant’s back.
12:06PM (apx) Officer Johnston perceived Eagle’s actions as an immediate threat to Sgt. Churchwell’s life and fired his weapon at Eagle.
Eagle was hit by a bullet and fell to the ground.
Officers began to approach Eagle to secure him and assess his injuries.
As Officer Griffith attempted to secure Eagle’s weapon, Eagle grabbed the pistol and pointed it at Officer Griffith.
Officers then fired eighteen additional rounds at Eagle in Officer Griffith’s defense. Seven rounds hit Eagle causing him to stop attempting to shoot at police.
Officers secured Eagle, called for medical assistance and started rendering first aid.
A Hamilton County EMS Unit arrived and transported Eagle to Erlanger Medical Center.
1:01PM Eagle succumbed to his wounds in the emergency room