KNOXVILLE, Tenn. — The family of a man shot and killed by a Knoxville Police officer in August filed for access to records concerning the circumstances surrounding the shooting Wednesday.
In August, Knoxville officer Dylan Williams shot and killed Channara "Philly" Pheap, 33, after a struggle outside an apartment complex off Merchant Drive in Northwest Knoxville. The Knox County Sheriff's Office is investigating the shooting, based on a mutual agreement with KPD.
The Baker Law Firm and attorney Josh Hedrick, who are representing Pheap's family, are now asking a judge to order KPD, KCSO, and the county's emergency communications district to release public records including E-911 recordings, the official autopsy, non-investigative records, and judicial review of the actions taken to deny the access.
In late September, the attorneys threatened the court action after both KPD and KCSO declined to release many details of the circumstances of the shooting. At the time, they cited the open investigation.
Attorneys Lance Baker and Hedrick are conducting their own investigation into the shooting and claim they have sent multiple letters to city and county leaders requesting the documents prior to this petition for access to public records.
In the petition, the attorneys claim the agencies have denied them access to the vast majority of the requested public records, declaring the records are protected from disclosure by various statutory exceptions to pubic disclosure, like an open investigation.
"Respondents have also unreasonably refused to produce a copy of the final autopsy report for Mr. Pheap, a public record, having unilaterally 'sealed' the report, without obtaining the requisite court order to protect it from public disclosure," the petition said.
Baker told 10News on Sept. 25 that he had initially requested those records in a Sept. 9 letter to KPD Chief Eve Thomas and KCSO Sheriff Tom Spangler. He said he was directed to the District Attorney General's office because they had the case file, and was told that DA Charme Allen would meet with them after the office finished reviewing the file. Baker said Pheap's family has been "left in the dark" about the investigation and that they are "entitled to know the facts surrounding his death."
RELATED: Attorneys threaten court action if records related to KPD fatal shooting are not turned over
On Sept 24, according to the petition, attorneys received a letter from Ron Mills, of the city law director's office, in response to the records request. He reportedly provided a redacted version of Officer William's personnel file and eventually produced a partially-redacted version of the hit-and-run accident report. Mills refused to provide the balance of the requested records, citing an "ongoing investigation" by the sheriff's office and KPD Internal Affairs Unit.
A second formal request was made the next day, on Sept. 25, according to the petition. It asked for the 911 calls, police report and witness statements concerning the alleged hit-and-run and shooting, cruiser-video of the alleged hit-and-run and apartment complex with Pheap, dispatch communications with Officer Williams, his use-of-force report, report on firing his weapon, report on his taser being deployed, medical records of Pheap following the shooting and his autopsy, and any recorded audio of Officer Williams regarding the alleged hit-and-run and the encounter with Pheap.
RELATED: Friends and family of man shot and killed by KPD officer demand transparency, 'Justice for Pheap'
Attorneys got a second response on Sept. 27 from Mills that stated the city didn't have autopsy or medical records and he "curiously denied that there were any 'on-the-scene witness statements taken by KPD officers.'"
The city also denied having in-car camera video and recorded audio from Officer Williams interacting with Pheap, the petition said. It said the cards had been given to KCSO and will only be available after the investigation is over.
According to the petition, the county also cited the pending investigation. The Medical Examiner's Office stated the autopsy report had been "sealed". At the time the petition was filed, attorneys had not received a response from the Knox County Emergency Communications District on the E-911 calls.
WBIR has also requested many of the same records and has been unable to obtain them, though both agencies routinely restrict access to some records during the course of an open investigation.