ACLU Press Release; Notice of Intent to Take Deposition

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THE ATKRICAN CIVIL LIBERTIES UNION 
In West Tennessee 
3625 Midland Avenue 
Mamphis, Tennessee 38111 
323-8606

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FOR IMMEDI/.TE RKLFASF. 
October 11, 1974

The Board of Directors of the American Civil Liberties Union in West Tennessee 
has today authorized the release of the following statement in connection with recent 
incidents involving the use of deadly force by Memphis law enforcement officers:

On September 15, 1974, twenty-four yea:^ old Jesse James was shot ten times by 
Memphis policemen, James had been stopped for allegedly driving a car with its head­
lights off about 5:30 a,ra. According to police, James attempted to pull a pistol out 
of his pocket, and they fired on him in self-defense,

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Young James' family alleges that James owned a gun, but that it was at hone and in 
their possession the night of the shooting. They say they can see no logic for him to 
pull a gun when surrounded by police officers and when being stopped for a minor traf­
fic violation. In addition, they allege that his body was bruised and there was a 
knot on his head. They feel he was beaten in addition to being shot.

Four days after this incident, the police department announced that the two offi­
cers involved in the shooting, J,T, Odom and T, D, Rogers, had been cleared of any 
charges of misconduct and had been returned to regular duty.

On October 3, fifteen year old Edward Eugene Gatner was shot once in the back of 
the head by patrolman E,R, Hyman, according to police reports. Garner was allegedly 
burglarizing a house and had attempted to escape by trying to climb over a fence in 
the back yard. No warning shot was fired. Garner was unarmed.

Gamer was shot in a small back yard, surrounded by fencing. He was about five 
feet in height and a little over 100 pounds in weight. It appears he could have be.cn 
easily apprehended with no use of deadly force. The patrolman was approxlmatelj^^^5 feet 
from young Gamer when he pulled the trigger. The police department has t e r m e d ^ '
shooting "justifiable." Patrolman Hyman is now back on the Job in a "non-enforcement" 
status.

On the basis of police and press reports, and our ovm preliminary investigations 
of the Jesse James and the Edward Gamer cases, it is obvious on the face of it that 
Improper, unwarranted police use of deadly force was employed. In the first case, 
the circumstances in which James was killed are highly suspicious; and under any cir­
cumstances, there can be no justification for shooting a person ten times. In the 
second case, there is not even the appearance of any excuse on the part of the police 
for the use of deadly force, (MORE)



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The Board of Directors of the American Civil Liberties Union in West Tcnncsee 
views these cases as the most serious encroachment on civil libctties possible; both 
instances constitute the unwarranted taking of human life. We have long stood against 
police use of deadly force except in situations where such force is necessary to pre­
vent loss of life or serious bodily injury to either an officer or another person, and 
where no other means of apprehension and control are available. We have taken the po­
sition that the action of any law enforcement officer who uses deadly force except to 
protect human life cannot be justified. We have supported legislation which would 
make such unjustified police use of deadly force a crime.

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Therefore, we call upon Attorney General Hugh Stanton to launch a new invistiga*
tioh of these incidents and bring indictments against the officers involved if the*
facts warrant this action. ■ ■ ■

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We further resolve that we will take whatever action possible to bring to light 

the true facts in these cases and other similar cases involving unwarranted police use 
of deadly force, and we will press for the prosecution of all guilty parties.

We’call upon Police Director Jay Hubbard to dismissftom'the police force officers 
who make use of deadly force for purposes other than the protection of human life and 
when other means of enforcing the Law are not possible.

We call upon the Mayor and the City Council to take immediate steps'to-make-^' 
overall change in the application and formulation of‘guidelines on police use of deadly 
force. We will take whatever steps we can to bring this about.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE

CLEAMTEE GARNER, 
vs.

MEMPHIS POLICE DEPARTMENT, et al.

CIVIL ACTION 
No. C-75-145

NOTICE OF INTENT TO TAKE DEPOSITION

PLEASE TAKE NOTICE that plaintiff will take the 
deposition upon oral examination pursuant to Rule 30 of the 
Federal Rules of Civil Procedure of E. R. Hymon # 3441 and 
L. B. Wright # 9273 of the Memphis Police Department, Memphis, 
Tennessee at the offices of Bailey, Higgs & Bailey, Suite 901, 
Tenoke Building, 151 Jefferson Avenue, Memphis, Tennessee, at 
9:00 A.M. on Monday, April 26, 1975, before a Notary Public or 
other qualified officer and deposition shall continue until 
completed as taking thereof may be from time to time adjourned.

Drew S. Days, III 
10 Columbus Circle 
New York, New York 10019

CERTIFICATE OF SERVICE

I hereby certify that I mailed a copy of the foregoing 
Notice of Intent to Take Deposition to Henry L. Klein, Esq., 
Staff Attorney, City of Memphis, Suite 3500, 100 North Main 
Building, Memphis, Tennessee 38103, on this day of April,
1976 by United States mail, postage prepaid.

Drew S. Days, III 
Attorney for Plaintiff