MEMPHIS, Tenn. — On Friday, the attorney representing the family of a man shot and killed last weekend in downtown Memphis blamed what he deemed was a lack of security on Beale Street and questioned why the TBI isn't leading the investigation.
With loved ones of Tacquan Smith by his side and fighting their emotions, attorney Howard Manis said his firm is launching its own investigation after last weekend's deadly shooting on Beale Street outside the Green Room.
“I have a duty to my clients to independently determine who is at fault here," Manis told reporters Friday morning.
Smith was an aspiring musician and a father of four, with a fifth on the way.
He died after 2 a.m. Sunday after Memphis police said two groups shot at each other. Two others were hurt.
"He is loved by his family and will be greatly missed," Manis added.
Manis questioned why security stopped wanding people to get on Beale Street, even though establishments were still open at the time of the shootout.
“Why is it necessary to have security from 9 to 1 (a.m.) but not from 1 to 3 (a.m.)?" Manis said.
In response to the deadly shooting, the Downtown Memphis Commission, which oversees security on Beale Street, said starting this weekend, it would expand the wanding hours to get on the street and bring back a $5 security fee.
Still, Manis argued security measures weren't strong enough last weekend before the adjustments.
"Why did Tacquan Smith die?" Manis said. "There’s one thing I know — if a gun is not allowed on Beale Street and if someone had done their job and kept the gun off Beale Street, we wouldn’t be here today."
Manis also questioned why the Shelby County District Attorney's office didn't call in the Tennessee Bureau of Investigation, since Memphis police said three officers also returned fire and are now on standard administrative leave.
“We got a shooting, it’s undisputed that they fired their weapon, at a minimum, an independent investigation by the TBI should have been conducted and should be ongoing now," Manis said.
According to a 2018 Memorandum of Understanding, the Shelby County DA only calls in the TBI if local law enforcement kills someone in the line of duty.
District Attorney Amy Weirch told ABC24: “We just got off the phone with Mr. Manis. He recognizes our office has no file on this case as no one has been arrested and the investigation is ongoing. If anyone has any information about this murder they need to call CrimeStoppers. TBI is not investigating because this is not an officer-involved fatal shooting.”
Also, MPD said Smith's death was not a result of any of the officers who opened fire.
A Downtown Memphis Commission spokesperson declined to comment Friday afternoon.