MEMPHIS, Tenn. — Shelby County District Attorney Amy Weirich says no criminal charges will be filed against the U.S. Marshals who shot and killed Brandon Webber in Frayser June of 2019.
Weirich explained during a news conference Friday, the marshals’ actions of responding with lethal force were justified. Local 24 News learned marshals shot Webber 17 times during the encounter June 12.
“Again, they blocked his car, they asked him repeatedly to turn the car and get out, instead he reached for a gun,” Weirich explained.
During the news conference, Weirich said the marshals did comply with TN law.
“It says that a law enforcement officer, after giving notice of being a law enforcement officer, may use or threaten to use force that is reasonably necessary to accomplish an arrest of anyone suspected of a criminal act who either resist that arrest or tried to flee,” Weirich said.
Prior to the shooting, there were active warrants out in Mississippi for Webber’s arrest after authorities say he shot a man during a car sale he arranged online. Days after that incident, Mississippi detectives launched an investigation and tracked Webber at his grandmother’s home.
“Remember the reason this apprehension was taking place the way it was, was because of the violent tendencies he had exhibited a week before in MS, and because of the Facebook post they were aware of from hours before,” Weirich said.
During her review of the TBI’s investigation, she mentioned when marshals arrived to Webber’s grandmother’s home, they spotted Webber in the driveway. He was inside a stolen vehicle from Mississippi and he was armed.
“Two marshals got out and approached the driver side of the Infinity, ordering Webber to surrender,” she said.
Weirich says Webber had a weapon and the force the marshals used was justified.
“It was undetermined whether Webber was able to fire his fully loaded weapon before a bullet struck it and rendered it inoperable. What we do know is the safety was off, there was a round in the chamber and there were two loaded magazine clips also in the car,” she explained.
Local 24 News reached out to Sonny Webber, Brandon Webber’s dad about the DA’s decision. He said he didn’t want to comment about the D.A.’s decision until he spoke with his attorney.
The following news release comes from the Shelby County D.A.:
“Federal marshals acted within the law in the shooting death last year of an armed Memphis man they were trying to arrest on felony assault warrants, said Shelby County Dist. Atty. Gen. Amy Weirich.
The incident involved five members of the U.S. Marshals Gulf Coast Fugitive Task Force and Brandon Webber who was wanted for shooting a Hernando, Miss., man multiple times and stealing his car.
Webber, 20, had later posted online videos of himself driving the stolen car and showing a tactical rifle with a pistol grip with two high-capacity magazines in the front seat. On another video Webber shows a passing police car and says into the camera “F--- 12 (police). If they turn their dumb ass around it’s on. This s--- going to be fun.”
At around 6:30 p.m. on June 12, 2019, the marshals located Webber in the stolen car backed in the driveway at 2075 Durham Ave. and attempted to pin him in with their vehicles. Webber tried to escape by backing up and then going forward. He rammed one of the marshal’s vehicles, but had nowhere to go.
When two marshals attempted to remove him from the vehicle Webber grabbed his tactical rifle and pointed it at them. The two marshals immediately retreated, shouted “Gun, gun, gun” and fired at Webber. Three other marshals providing cover fired as well.
“Under the law in Tennessee, officers are not required to wait until they are fired upon,” Gen. Weirich said. “They may use deadly force when they have probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended.”
She said her decision is based solely on Tennessee criminal law and does not consider policies, procedures or training requirements of the U.S. Marshals Service or of any state or local law enforcement agencies. The decision also does not consider disciplinary policies of the agencies or civil liability.”
RELATED: Local religious leaders call for greater police, community relations at vigil after Frayser violence