CAMPBELL COUNTY, Tenn. — The District Attorney General's Office in Jacksboro released the findings of an investigation after officers shot and killed an armed robbery suspect while trying to take him into custody on I-75 in Campbell County on Oct. 21.
On Oct. 21, Assistant District Attorney General Lindsey C. Cadle received a call from Chief Brian Keeton of the Caryville Police Department reporting that there had been a shooting involving an officer in the northbound lanes of traffic on I-75N around mile marker 134. At the time of the call, the shooting was fatal or likely to result in a fatality. The information obtained at the time of the phone call suggested that the shooting involved multiple law enforcement agencies including Campbell County Sheriff's Office, the Caryville Police Department, and Tennessee Highway Patrol. TBI was requested and conducted an investigation.
Around 7:23 pm, Jamie Chapman, the loss prevention officer at the Walmart at 2824 Appalachian Highway in Jacksboro, called 911 requesting that law enforcement officers be sent immediately because he believed there was an individual at the pharmacy trying to "rob" them.
Chapman informed 911 that the individual went in the back of the pharmacy screaming and demanding at the pharmacist, according to reports. The staff of the Walmart Pharmacy confirmed that the individual did pull out a handgun demanding "oxys and money."
Chapman could not tell if the individual had a weapon but told 911 that he was making sure anyone there had eyes on him. He told 911 that the individual was shoving stuff in a bag and that the pharmacist had given the individual a decoy pill bottle. Chapman described the individual as wearing a plaid hoodie, a white face mask and blue jeans. During the call, he was referring to the individual as the "guy".
Chapman told 911 that he believed the individual had spotted him and was making his way to the general merchandise exit of Walmart, according to reports. Chapman followed the individual out of Walmart and tells 911 that the individual was in a silver Subaru.
Police sirens were heard in the background of the phone call from Chapman and 911 operators determined it is a silver Subaru WRX. During that 911 call, an employee at the Walmart Pharmacy in Jacksboro also called 911 reporting that the pharmacy had been robbed.
Sergeant Joseph Weaver with the Campbell County Sheriff's Office received a dispatch from Campbell County 911 regarding the robbery. When Weaver received the dispatch, officers Timothy Powers and Brett Starrett were with him at the Campbell County Sheriff's Office.
Weaver arrived at Walmart with Deputy Powers following and made contact with a silver Subaru WRX that appeared to be fleeing from Walmart, according to reports. The silver Subaru almost "t-boned" Weaver in the parking lot.
Powers saw the silver Subaru almost strike Weaver. Weaver began chasing the Subaru in the Walmart parking lot and continued to pursue after the Subaru turned westbound on Appalachian Highway.
Weaver and Powers reported that the Subaru reached speeds in excess of 120 mph and that the Subaru turned north on I-75. By this time, Detective John Minor with the Caryville Police Department had been informed of the chase stemming from the robbery.
He made his way toward Cove Lake State Park to see if he could assist. Minor did not see the Subaru that had turned onto 1-75N. At this time, Minor saw Weaver and Powers, but they had lost contact with the Subaru.
Weaver then ended the chase due to weather and traffic conditions on I-75N. Weaver and Powers were stuck in traffic on I-75N at a standstill.
Minor, seeing CCSO officers stuck in traffic, passed Weaver and Powers on I-75N by driving through the construction zone, according to reports. Weaver and Powers could not get to Minor due to their placement in traffic.
Minor could see the silver Subaru approximately 150 yards in front of where Weaver and Powers were stuck in traffic, according to reports. At some juncture, while driving northbound on I-75, Minor exited his car towards the silver Subaru, giving commands to the driver identified as, Michael Hilton, to which Weaver and Powers followed suit.
At that time, Minor believed that he saw a firearm in Hilton's right hand on the steering wheel to which he relayed to Weaver.
Weaver and Powers then got back into their patrol cars after observing Minor running back to his patrol car. They all then proceeded in the construction zone to get ahead of the silver Subaru. Minor proceeded to park next to Sergeant Rex Bailey who was parked assisting a disabled 18-wheeler on I- 75N which presumably was the reason for the stopped traffic.
Sergeant Rex Bailey with Tennessee Highway Patrol had been dispatched to I-75N for a motorist assist at the 137-mile marker in the northbound lane where an 18-wheeler truck had lost power in the right lane of I-75N. Bailey activated his emergency lights to assist with the blocked traffic around 7:30 p.m.
Bailey assisted the disabled truck to contact a wrecker service to move the truck. During that time, Trooper Isaac Phillips radioed Bailey to inform him about the robbery and that the involved party's vehicle may be stuck in traffic in the I-75 northbound lanes, south of Bailey.
Phillips told Bailey that it was a silver Subaru. Bailey started looking for the vehicle. Phillips then radioed Bailey again, informing him that they were in a foot chase of the suspect and that he may be headed that way. Bailey knew no other information at that point other than there had been a robbery and the vehicle involved was being driven northbound.
Bailey said that the right lane of I-75N was shut down and traffic was proceeding slowly in the left lane. Multiple witnesses driving northbound on I-75 saw a small gray/silver vehicle passing on the shoulder including a Senior Special Agent with the U.S. Secret Service.
It was at this point that Minor pulled up to Bailey and parked in the left lane of I-75N. The stopped traffic headed north on I-75. Minor had his window down and informed Bailey that the driver of the car had a gun and that he was coming right behind him in a silver Subaru.
Weaver and Powers were close behind and both parked behind Minor. Bailey then began walking toward the stopped traffic when he saw a vehicle accelerating between two vehicles headed toward him.
After Minor arrived, the vehicle rammed at least one vehicle in the stopped traffic in the northbound lane of I-75. Hearing the crash, Bailey and Minor both drew their service weapons. Bailey began giving verbal commands to the vehicle.
Once through the stopped traffic, the driver of the Subaru accelerated again. Bailey had then walked over toward the guardrail of I-75 as he continued to give verbal commands for the vehicle to stop. The vehicle did not stop and Bailey fired his service weapon into the windshield of the vehicle due to fear of the vehicle striking him or one of the other officers at the scene.
Minor, service weapon unholstered at this point, was standing on the dotted lane divider of the northbound lanes. After Bailey fired first, Minor began firing his service weapon at the silver Subaru.
Minor said he believed from his vantage point the Subaru was headed toward Bailey and feared that the driver was going to kill Bailey or himself.
Powers also unholstered his firearm and took cover behind Minor's patrol car but did not discharge his firearm.
It is unclear when Weaver unholstered his firearm, but he began firing his service weapon shortly after Bailey began firing his service weapon.
Weaver fired multiple rounds and conducted a tactical reload. He also believed that the Subaru was going to strike Bailey.
Bailey said he believed that he had no other option nor the ability to retreat due to the drop-off on the other side of the guardrail and that the driver was driving directly toward him. He did not know another individual was in the vehicle.
Bailey continued to fire his service weapon as the Subaru passed him whereby the Subaru crashed into the back of Bailey's patrol car. He fired an additional three rounds after the crash because he heard the car and believed the driver may be attempting to put the car in reverse.
Weaver also continued firing his service weapon after the car came to a stop because he could not see Bailey after the car passed and believed the threat of harm was not concluded.
Bailey approached the car and then noticed the female passenger. She was detained by Detective Minor.
Bailey noticed the driver's agonal breathing and what appeared to be impending death, according to reports. Bailey and Powers requested Emergency Services at that time.
While waiting on EMS to arrive, Bailey ensured the scene was secured and further went to every non-patrol vehicle and asked each and every driver and passenger if they were okay.
EMS arrived sometime later and determined that the driver would not survive; thus, medical intervention would be ineffective, according to reports.
It was later determined that the driver was Michael Hilton, and the female passenger was Emily Hilton. A handgun was found in the rear right pocket of the driver, according to reports.
An investigation revealed that Michael and Emily Hilton, who had been living in North Carolina prior to October 21, left North Carolina to go to a rehabilitation facility. It is unclear the exact time frame of when Michael and Emily Hilton left North Carolina as well as when they arrived in Campbell County, Tennessee.
Emily Hilton could not provide specific details of how the pair ended up outside of Walmart in Jacksboro, according to reports. The medical examiner found receipts in Michael Hilton's pocket including one from Rigg's Pharmacy in Jacksboro on October 21.
On that same date, a clerk from Rigg's Pharmacy saw a man come in and purchase stomach medicine. He was wearing a gray shirt, jeans, and a blue mask. The man asked for prescription medication and money.
The clerk saw a black and green handle of a handgun in the man's pocket and refused to give the man anything and he left the store, according to reports. The Jacksboro Police Department was able to confirm it was Michael Hilton due to him getting into a silver car matching the silver Subaru.
Emily Hilton told TBI that on October 21 the pair were outside the Walmart in Jacksboro and that Michael Hilton walked inside of the store and came back out telling Emily Hilton that he was going to rob the Walmart Pharmacy.
He told Emily Hilton that she was to call the pharmacy, give them his description, and that if they did not give him what he wanted then he would start shooting, according to reports. Emily Hilton called as instructed.
Michael Hilton then reentered Walmart for a second time and returned shortly thereafter according to Emily Hilton. Officials said that Michael Hilton possessed a firearm owned by Emily Hilton.
Emily Hilton said that Michael Hilton shoved pills in her mouth and that the only thing she remembered was a wreck and hearing loud bangs. She admitted that the gun was hers and that she knew he had it with him when he entered Walmart, according to reports.
Seventeen rounds of unfired ammunition were found on Michael Hilton's person during the autopsy.
TBI collected cartridge cases from the scene on I-75N including (15) 9 mm Luger caliber cartridge cases and (12) 40 S&W caliber cartridge cases. TBI also collected two bullets and one bullet fragment retrieved from Michael's body of Michael Hilton.
As standard procedure, the service weapons of Bailey, Weaver, and Minor were taken into evidence for comparison with the bullets and/or cases.
After comparison of the items, TBI concluded that the two bullets retrieved from the body of Michael Hilton had been fired from a Glock model 45, 9mmLuger caliber pistol, Bailey's service weapon. The one bullet fragment retrieved from the body of Michael Hilton was damaged; however, it bore similar class characteristics and was similar in type and design as test-fired bullets from Bailey's service weapon.
Further comparison of the cartridge cases revealed that five cartridge cases matched Bailey's service weapon, 10 matched Weaver's service weapon, and 11 matched Minor's service weapon.
TBI discovered two Mountain Dew cans with a green powdery substance in them that was found to be 1.6 grams of methamphetamine and syringes in the Subaru, according to reports.
The Knoxville Regional Forensic Center performed the autopsy on Michael Hilton. As of the date of the report, the final autopsy report had not been completed.
A provisional autopsy report was completed stating that there were two gunshot wounds to Michael Hilton's head. The provision report also noted an "abraded laceration to the right mid ventral forearm, consistent with a graze wound." A toxicology screen was submitted, but the results were incorporated into a final autopsy report.
Officials said that it is clear that Michael Hilton died as a result of one or two gunshot wounds. Three officers shot at him, and only one officer, Bailey, inflicted the two fatal gunshot wounds, officials further mentioned.
The Campbell County Sheriffs Office, the CaryviIIe Police Department, and the Tennessee Highway Patrol adopted use of force guidelines during the incident.
The use of deadly force was examined separately. Bailey gave many verbal commands for the Subaru to stop. A uniform officer's presence, verbal commands, and patrol car lighting are recognized as efforts to assert control short of the use of force.
The Subaru, however, did not stop after the verbal commands, and the driver pressed the accelerator/gas pedal all the way to the floorboard as confirmed by the Tennessee Highway Patrol's Event Data Recorder. Based upon video as well as the EDR, the Subaru was headed toward Bailey.
From Bailey, Weaver, and Minor's vantage point, the Subaru appeared to be headed at a high rate of speed toward Bailey.
It is at that point that officials determine there is no reasonable dispute that Michael Hilton posed an imminent threat of death or serious bodily injury to Bailey under these circumstances, according to reports. The use of the Subaru in proximity and direction of Bailey did not safely allow Bailey, Minor, and Weaver any other option but to either discharge their firearms or Bailey be hit by the Subaru. All three officers were legally justified in their use of lethal force against Michael Hilton.
Officials do not know with any certainty the total number of shots fired, though 27 bullet cases were recovered. The Subaru sustained multiple bullet holes, and a determination of how many projectiles went through the windshield could not occur due to the damage.
It appears that there is a high likelihood that the fatal shot to Michael Hilton came before either Weaver or Minor discharged their service weapons.
Given that early fatal gunshot, it is legally irrelevant that the other officers discharged their weapons as none of those projectiles did any further harm to Michael Hilton.
It should be noted that Weaver conducted an improper magazine change. In other words, he prematurely changed his magazine prior to the firing of all rounds in his service weapon. This can be attributed to the adrenaline of the situation and hopefully can be remedied with experience, time, and training, according to reports.
In this particular investigation, the officers' use of deadly force does not rise to grounds for a criminal charge against any of the three officers.
TBI said that no officers were injured during the incident.