NASHVILLE, Tenn. (WTVF) — After months of deliberation, it is still unclear whether the Covenant shooter's personal documents should be considered a public record. Despite that, we did learn some new information about the mass shooting investigation in court Tuesday.
Right now, five different parties want The Covenant School shooter's writings, particularly what was left in the car the day of the mass shooting that left six dead — including three 9-year-olds.
A public records lawsuit emerged after Metro initially refused to release the shooter's writings in April 2023. Metro claimed the documents were part of an active investigation and could not be released at that time. Once the open records lawsuit was filed, Metro Legal said the documents would not be released because they were the subject of a lawsuit.
During the last year, those from The Covenant School campus — the school, church and families — argued they should get to have a say in whether the documents are released. They finally won that argument in court and were allowed to have a say on whether the documents should be released.
This is what we learned on Tuesday.
A reminder of who is who
Judge I'Ashea L. Myles is presiding.
There have been three separate groups of people arguing about what are public records and what are not.
Here is who wants the records to be public.
- The Tennessean newspapers
- Star Digital Media - The Tennessee Star
- Sen. Todd Gardenhire, R-Chattanooga
- National Police Association
- Tennessee Firearms Association
Metro Legal is representing the Metro Nashville Police Department, who has created a case file and collected the documents as evidence.
The Covenant School, the Covenant families and the Covenant Presbyterian Church said the shooter's documents — either narrative or visual — shouldn't go public because it threatens security and traumatizes families affected by the mass shooting.
There is still an active investigation
The Metro Nashville Police Department has filed motions they are still investigating The Covenant School shooting.
Police have talked little publicly about the fact they were doing so. This back-and-forth has primarily been communicated through court documents on this public records case.
Attorney Lora Fox, who represented the police department, said the investigation could close by July. However, the police had been looking for co-conspirators or accomplices since the shooting took place.
"Here were voluminous other writings and information about weapons. Those materials — those are in the investigative process. It was very important to talk to witnesses and was there any evidence of an accessory to these murders?" Fox said. "We have a horrible crime that's already happened. That's what we are investigating. We already have hundreds of people who were subject to attempted murder and aggravated assault."
Judge Myles asked point blank.
"Are police looking at anyone who is not (the shooter)? she asked.
Fox replied: yes.
When the investigation concludes, the case will be a matter of public record, Fox said. Obtaining those documents from the time of filing an open records request could take between four to six weeks.
Metro says some documents could go public
Fox said the documents found in the shooter's car could be released.
However, Fox noted that multiple pieces of documentation were found outside of the shooter's car. Those documents are still evidence.
"There's one document the petitioners want and much of this litigation will go away. Can those documents come out? Myles asked.
"If we are referring to the writings in the car, those could be released. And some of those redactions could be removed," Fox said.
Fox said some of those documents included how the shooter purchased records and the shooter's search history on the internet.
Fox said that Metro couldn't immediately close the case just because the shooter died at the scene that day.
"Can you imagine the outcry that they would've said at, 'The shooter is dead. The case is closed,'" Fox said. "That would be outrageous and unprofessional. That is not what MNPD does. A professional investigation takes months. Even in a murder-suicide, it usually takes eight months."
How does school safety work with this?
The Covenant School and The Covenant Presbyterian Church said the shooter's documents and records shouldn't go public because of both copycat killings and events.
State law does provide an exception for school security records under the Tennessee Public Records Act. However, that exception is spelled out to ELAs, or public schools. It doesn't specify that of private schools.
Those wanting the documents said they don't want diagrams or architectural renderings of The Covenant School and church.
However, Covenant attorneys said they fall in the exception for the TPRA — all of the shooter's records. They especially expressed their fear of a copycat shooter and that the safety of the students going back to The Covenant School off Burton Hills would be compromised.
"It's our position that all of the writings of the shooter," attorney Peter Klett said. He represents The Covenant School. "It's all of the writings that would promote her with the notoriety she was seeking with respect to the shooting and will provide the justification in other people's minds for a copycat shooting. Without seeing the records, we have to say the records in their entirety. We believe that providing an opportunity for this particular shooter's notoriety is a mistake."
What is left in the hearing?
On Wednesday morning, the Covenant families' attorney will speak before the court.
Rebuttal will also be heard between those wanting the records, Metro and those with Covenant.
Court will resume at 10 a.m. on April 17.
