NASHVILLE, Tenn. — (MNPD) — Chief Steve Anderson on Monday fired probationary police officer Matthew Nelms for violation of the police department’s policy on the use of deadly force.
Nelms, 26, who graduated from the MNPD Academy in June after 5½ months of training, fired on a Chevrolet Tahoe being driven by convicted felon and suspected burglar David Lauderdale on November 30th as the Tahoe began quickly backing out of a yard on Nesbitt Lane. At the time, Nelms reported that he fired in self-defense because, he said, the moving Tahoe put him in imminent danger.
However, a detailed examination of the Tahoe by police department crime scene experts and a review of Nelms’ statements does not corroborate that. The department’s review led to the finding that Nelms fired his service pistol as many as five times while, at one point, on the driver side of the SUV, and then on the passenger side. The shots were fired in a residential area as the Tahoe was in reverse and backing away from Nelms.
On Friday, Nelms was informed in writing that his assertion of firing in self-defense did not seem credible or plausible, and appeared to be in violation of MNPD use of force policy. He was directed to appear before Chief Anderson on Monday to present any additional information. At the conclusion of the meeting, Chief Anderson determined that Nelms’ performance during his probationary work test period was not acceptable due to his use of deadly force, which was found to be inconsistent with policy and his extensive academy training.
MNPD use of force policy states, in pertinent part:
Employees shall not discharge their firearm at or from a moving vehicle unless absolutely necessary to protect the life of the employee or others.
Employees shall not knowingly place themselves in a position where they would be in jeopardy of being struck by a suspect vehicle or knowingly stand and/or step into the path of a vehicle, creating circumstances where the use of deadly force may be necessary.
Nelms’ Field Training Officer, Joe Pennington, a 15-year police department veteran, also fired at the Tahoe after Nelms began shooting. Pennington said he did so after hearing gunfire and not seeing Nelms, who was obstructed from his view by the SUV. Pennington said he surmised that the burglary suspect was firing at Nelms. Pennington was decommissioned late Monday and assigned to desk duty pending the continuing administrative investigation.
Burglary suspect Lauderdale was not hit by gunfire. He fled the scene in the Tahoe and was apprehended a short time later by police dog Echo after bailing and running from the vehicle on N. Graycroft Avenue.
