NASHVILLE, Tenn. (WTVF) — A Hermitage wife is suing the Metro Nashville government and one of its police officers directly after a domestic violence report resulted in the death of her husband, who she claims never had a gun pointed at police.
Police officials said officers fired on Mark Capps — a 54-year-old armed man — who was wanted on two counts of aggravated assault and aggravated kidnapping warrants involving his wife and stepdaughter. They fled the home this morning, police said. Capps was a well-known music engineer. Capps worked with Alabama, Ronnie Milsap, Shenandoah, Amy Grant, Brooks & Dunn, Blake Shelton, Big & Rich, and other big names according to his discography.
Watch the coverage of the shooting in the player above.
Capps' wife, Tara, is suing the Metro government and officer Ashley Coon, with MNPD.
The lawsuit described Capps as having an "acute mental health and substance abuse episode" in his home. Capps' behavior affected
three members of his family: his wife Tara, Tara's daughter and her daughter's boyfriend, who worked for the Tennessee Bureau of Investigation.
In the video, officers shot through the screen-glassed door at Capps after they ask him to show his hands. It took less than a handful of seconds for officers to shoot Capps and kill him.
How police found out about the situation
Capps started threatening his wife and stepdaughter at 3 a.m. The two were awakened and brought to the family room at gunpoint, according to police.
Capps was throwing things about their home, threatened the two with the gun and would not let them leave. After sunrise, Capps fell asleep. The two victims fled the residence and went to the Hermitage precinct. Officers took statements in detail and placed warrants against Capps. The warrants were issued around 1:55 p.m. when the police SWAT team was alerted of the situation and his access to firearms.
"Mrs. Capps asked if MNPD would shoot Capps if he were to pull a gun when they came to the house," the lawsuit stated. (MNPD) responded: 'It doesn’t happen like that... in the last couple months I’ve had at least two people want to commit suicide by cop and both of them lived and both of them went to jail.'"
The suit continues that 13 SWAT officers were called to the home. The suit said the team started setting up a breaching situation, without trying to contact Capps by phone prior to knocking on his.
"Ostensibly, MNPD’s plan was for the two SWAT teams to withdraw to cover after setting the breaching charges and then attempt to talk to Capps. However, the SWAT team would end up killing Capps without ever attempting dialogue," the lawsuit stated. "The SWAT officers did not find a gun Capps’s hands, in his clothing, or on his body, and said absolutely nothing about a gun while they were restraining and moving him. The only gun found near Capps, a pistol, was tucked halfway under a rug on the other side of the entryway from him, several feet away."
What's happened since
All the officers in this case were cleared to go back to duty, according to Metro Nashville Police Department officials in early October.
The officer who shot him Coon's personnel file, obtained by NewsChannel 5, shows a history of use of force and eight suspensions.
In one case in 2012, Coon was attempting to do a knock and talk with a neighbor. No one was answering the door, but eventually, a man came outside pointing a gun at officers. He was told to drop the weapon, and he did so. Officer Coon then grabbed the man and pulled him out of his home and handcuffed him. He then conducted a protective sweep inside the home without meeting the requirements for one.
He was suspended for two days for demonstrating inefficiency, negligence, or incompetence in the performance of duties.
What the family wants
The family wants a jury trial and for the estate to be awarded nominal, compensatory and punitive damages.
NewsChannel 5 is reaching out MNPD for its response to the lawsuit.
