OPELIKA, Ala.- Last week, Lee County District Attorney Robbie Treese released the dash cam video from the officer involved shooting on Halloween night in Opelika.
Monday night, members of the community, including some of Bennie Tignor’s family sat in St. James Baptist Church in Opelika wanting more answers about the dash cam video.
Bennie’s brother, Eddie says Bennie had troubles in the past, but he changed his life after he was released from prison. Since then, he was dedicated to his family and his life. He says the family is going through a very tough time and watching Bennie’s last moments is especially tough for them. “It’s very devastating because one shot took him down,” Bennie’s brother Eddie said. “You shot him until he fell all the way down, and in the end he’s saying hang in there buddy. He’s dead already.”
The family and others in the community feel that what was done was excessive in terms of shooting Tignor multiple times and pulling him away from the house and onto the ground.
Reverend George Bandy is the Pastor of St. James Baptist Church. He and others would like to see the video enhanced to see if the item in Tignor’s hand was a gun. “All I could see was he had something in his hand and we’ve already heard from some other people that he carried a cellphone on his side all the time,” Rev. Bandy said.
Opelika Mayor Gary Fuller says this was a very unfortunate event to happen in the community. His office released a report that details the incident. It says that officers have the right to defend themselves in a perceived imminent attack.
Mayor Fuller’s full report:
The investigation into the death of Bennie Lee Tignor, in which shots were fired by Police Officer Jared Greer, has been completed. When a police officer shoots and wounds or kills a person in Opelika, Alabama, a specific protocol is followed to investigate and review the case. Confrontations between the police and citizens where deadly physical force is used deserve special attention and handling. These cases have potential criminal, administrative and civil consequences. They can have a significant impact on the relationship between law enforcement officers and the community they serve.
THE INVESTIGATION: Immediately after the shooting occurred on October 31, 2015, it was reported to the Alabama Bureau of Investigation (“SBI”) and the Lee County District Attorney. The criminal investigation was conducted by the SBI, which has the best resources for this type of investigation. The SBI investigated the case by thoroughly processing the crime scene and collecting evidence, interviewing all witnesses, and reviewing all relevant audio and video tapes. Throughout the investigation, the SBI received full cooperation from all Opelika police officers. After the investigation was completed, the case was referred to the Lee County District Attorney.
GRAND JURY REVIEW: The case was presented to the Lee County Grand Jury during the week of January 11, 2016. The grand jury is a panel of 18 randomly selected Lee County citizens who are summoned to report for jury duty. Grand jurors are selected from a list of the qualified residents of Lee County. This list is developed so that it reflects a fair cross-section of the citizens of the county. The primary sources for this list are drivers’ license records and voter registrations. The Grand Jury empaneled to review the Tignor case was a racially and gender diverse group reflecting the demographics of Lee County. The foreperson was an African-American citizen.The grand jury plays an important role in the criminal process. A grand jury can issue an indictment charging the officer criminally, or return a “no true bill”. To indict, at least twelve (12) grand jurors must find probable cause that the officer committed the crime charged.The Grand Jury decided that there was insufficient evidence to charge Officer Jared Greer with a crime. Thus, Jared Greer will not face criminal charges in connection with the shooting death of Bennie Lee Tignor. The Grand Jury has spoken and we respect its decision. While we understand that not everyone may agree with the decision of the Grand Jury, we encourage anyone who wishes to express their feelings to do so respectfully.
STATEMENT OF FACTS: On January 19, 2016, the Mayor and members of the City Council met with Lee County District Attorney, Robert Treese. The purpose of the meeting was to obtain information regarding the officer-involved shooting death of Bennie Lee Tignor. Mr. Treese reviewed the dash-cam video and relevant evidence with City officials. The primary sources of information upon which this statement of facts is based are the dash cam video, Officer Jared Greer’s taped interview statement and the preliminary autopsy report. These sources of information provide a remarkable detailed picture of the events resulting in Mr. Tignor’s shooting.On Saturday evening, October 31, 2015, Opelika Police Officer Jared Greer was working a patrol assignment. Officer Greer was driving a fully marked 2010 Crown Victoria police vehicle and wearing a blue Opelika police uniform. Officer Greer was armed with his Sig Sauer .40 caliber semi-automatic service pistol. Officer Greer was carrying a weapon with 12 rounds in the magazine and one round chambered. Officer Greer observed a 2003 Ford Explorer traveling in a easterly direction on Williamson Avenue. Officer Greer followed the Ford Explorer as it traveled along Williamson Avenue. The Ford Explorer was weaving erratically on the roadway which is clearly shown on Greer’s in-car dash camera. The vehicle operator’s manner of driving was a threat to the public. Between Society Hill Road and Poplar Street, the Ford Explorer crossed the centerline six times. Between Poplar Street and Steel Street, the Ford Explorer veered completely into the opposite lane. The Ford Explorer ran the stop light at the intersection of Williamson Avenue and Marvyn Parkway and turned right onto Marvyn Parkway. The Ford Explorer then turned left and went north on Crawford Road. At this point, Officer Greer activated his emergency lights and a few moments later his siren. The subject vehicle did not stop and continued to travel at a slow speed. Whatever the motivation, the driver refused to pull over and made numerous turns. The subject vehicle turned right onto Kingston Street, then turned onto Watkins Avenue, then turned onto Hilton Court and then turned onto Comanchee Drive. The driver finally turned this vehicle onto a private drive and continued to the dead end. Officer Greer pulled his marked police car into the private drive behind the Ford Explorer. Officer Greer saw the driver of the Ford Explorer, later determined to be Bennie Lee Tignor, open the front driver’s door and get out of the vehicle. Officer Greer exited his marked police vehicle and approached Tignor. Officer Greer was dressed in full police uniform so that it was obvious to Tignor that he was a police officer.Officer Greer gave multiple commands, the District Attorney said there were 13 commands, to Tignor to “driver stop right there”, “stop right there driver”, “Let me see your hands now”, and “let me see your hands”. Tignor refused to obey any of the commands, but instead walked around the front of his vehicle and then attempted to enter his residence. Officer Greer stopped Tignor and informed Tignor that he was under arrest for “attempting to elude”. Tignor began to actively resist attempts by the officer to place him under arrest. Officer Greer gave multiple commands to Tignor to “get down here on the ground now”, “get down on the ground “, “put your hands up”, “put your hands behind your back right now”, “you’re under arrest, put your hands behind your back”, “put your hands behind your back”, “hands behind your back”, “turn around and put your hands behind your back now”. Tignor ignored all of Officer Greer’s commands and throughout this encounter Tignor’s conduct was non-compliant and aggressive. At no time did he exhibit cooperation by word or action. On two other occasions, Tignor attempted to enter his residence and was pulled back by Greer. At one point, a woman, later identified as Tignor’s girlfriend, opened the front door of the residence and asked “what is going on?” Officer Greer responded that Tignor was under arrest for “driving under the influence” and for “attempting to elude a police officer”.Greer radioed for dispatch to” step it up 10 – 10″. A second later, Tignor yells to his girlfriend “this [police officer] out here done got in a fight with me, baby”. Greer again instructs Tignor to put his hands behind his back. Tignor appears to have his hands in his waist band area. Moments later, the dash cam video shows Tignor holding an object in his right hand. Because of the lighting conditions, the size of the object and distance from the camera, it is impossible to identify the exact nature of the object from the video. Nevertheless, credible evidence points to said object being a small caliber handgun. Greer yells to Tignor to” drop it right now!” Mr. Tignor does not respond to the command. Greer steps back, draws his weapon, and tells Tignor a second time to “drop it right now”. Tignor ignores the command.Greer shoots Tignor multiple times. Tignor falls to the ground and Officer Greer ceases firing. Officer Greer alerts the police dispatcher that “double zero shots fired. Shots fired double zero shots fired.” Greer tells Tignor “stay down. Stay down. Stay down on the ground now”. A second police officer, John Calmas, arrives on the scene within seconds after the shooting. Calmas asked Greer “where is the gun?” Greer walks toward Tignor and replies “right over here”. The handgun Mr. Tignor possessed was found on the ground within inches of his body. Officer Calmas recovered the handgun and it was subsequently turned over to the SBI. The handgun is a Raven Arms .25 caliber. It was loaded with six hollow point bullets. Officer Greer requested rescue to respond to the scene. Approximately six minutes later, paramedics arrive. Tignor is loaded onto a stretcher as transported to the East Alabama Medical Center where he was pronounced dead at 12:32 AM on November 1, 2015. The Opelika Police Department immediately turned the case over to the SBI, which conducted an independent investigation.Much of the confrontation between Officer Greer and Tignor occurs off camera because Greer and Tignor are situated behind the Ford Explorer for significant periods of time and the camera does not capture their actions. However, Officer Greer had the opportunity to observe Tignor’s actions and behavior at all relevant times. On November 1, 2015, SBI investigators obtained a taped interview from Officer Greer. The statement of Officer Greer is largely corroborated by the dash cam video. In his taped interview, Officer Greer recounted the events at the scene of the shooting as follows:“Officer GREER followed the Explorer to Comanchee Drive where the driver turned onto a private drive and continued to the dead end. Officer Greer stated that the driver exited the Explorer at which time he attempted to stop the subject. Officer GREER stated that he directed the driver to show his hands and to stop in front of the Explorer. The subject appeared to have his hands in his waistband area as he rounded the front of the Explorer at which time the subject attempted to enter the front door of a trailer. The driver failed to respond to Officer GREER’S commands and walked to the front door of the trailer. Officer GREER stated that he pulled the subject down from the front door steps in order to stop the individual from entering the residence. Officer GREER pulled the individual to the front of the Explorer where he attempted to arrest him, advising him that he was being charged with DUI and attempting to elude. The subject pulled away from Officer GREER and attempted to enter the trailer a second time when he was pulled away again by Officer GREER. Officer Greer then contacted Opelika dispatch of the situation and requested assistance.Officer GREER stated that during the confrontation with the black male, a black female opened the front door to the trailer and began questioning him as to what was happening. Officer GREER stated that he advised the black female that the driver of the Explorer was under arrest and that she needed to go back inside the residence.During the confrontation with the individual, a firearm (Raven Arms .25 caliber) was dropped on the ground in front of the Explorer. Officer GREER stated that the individual bent down and retrieved the firearm as he was directing the subject to step away from the weapon. The subject failed to follow his directives at which time Officer GREER advised that he backed away and retrieved his service weapon (Sig Sauer .40 caliber semi-automatic). Officer GREER instructed the subject to drop the weapon. Officer GREER stated that the subject moved toward his direction with the firearm in both hands. Officer GREER stated that he told the subject several times to drop the weapon, but the subject would not relinquish possession of the handgun at which time Officer GREER stated he discharged his service weapon four (4) times. After the subject was shot, he contacted Opelika Dispatch and advised them of shots fire.Officer GREER stated that Officer JOHN CALMAS was the first officer to arrive to the incident scene. Officer CALMAS cuffed the subject and then retrieved the firearm from the ground and maintained possession of weapon until it was released to SBI. EMS was requested to respond to assist the driver.Officer GREER stated that a second black female arrived on the scene, but he believed she did not arrive until after the shooting. Officer CALMAS took the second female into custody.Officer GREER stated that he was not wearing a body camera and that the only camera in use was the in-car dash camera which was actively recording during the incident. Officer GREER advised that during the struggle with the driver, he could smell an odor of alcoholic beverages on the subject.”It should be noted that the audio from the dash cam video helps to provide a narrative of what happened on the night of the shooting.
On November 2, 2015, Dr. Stephen F Boudreau, Senior Medical Examiner with the Alabama Department of Forensic Sciences, performed an autopsy on Mr. Tignor’s body. The cause of death is “multiple gunshot wounds”. The examiner observed seven entry wounds. The toxicology report found ethanol present in the blood, chest, urine, and vitreous humor. Mr. Tignor’s blood alcohol content was 0.193 g/100 mL. The statutory presumption of intoxication in Alabama is 0.08. Mr. Tignor was intoxicated approximately 2 1/2 times the legal limit. This means that Mr. Tignor was extremely intoxicated at the time of his death.
Mr. Tignor was a convicted felon with multiple arrests. Therefore, he was prohibited from possessing a firearm, and it was a felony criminal act to do so.
LEGAL ANALYSIS: Alabama statutes and case law provide the legal framework for determining whether a police officer’s use of force. §13-3-27(b), Code of Alabama, defines the circumstances under which a person can use deadly force in Alabama. In pertinent part, the statute reads as follows:
(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:
(2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
The great majority of officer-involved shootings throughout the country, ultimately result from what is commonly called the split-second decision to shoot. It is often the culmination of a string of decisions by the officer and the citizen that ultimately creates the need for a split-second decision to shoot. The split-second decision generally is made to stop a real or perceived threat or aggressive behavior by the citizen. When a police-citizen counter reaches the split-second window, and the citizen is armed with a deadly weapon, the circumstances generally make the shooting justified. The question presented in this case is whether, at the instant Officer Greer fired the shots, he reasonably believed that he was being subjected to the use or imminent use of deadly physical force and that he used a degree of force to be necessary to protect himself or another person.
CONCLUSION: This encounter began as a routine traffic stop to issue a traffic citation. Mr. Tignor first refused to stop his vehicle in response to Officer Greer’s lawful attempt to stop him for the traffic violations. When confronted by Officer Greer at his residence, Mr. Tignor continued his non-compliant behavior.
There is no justification to attack a police officer who is performing his lawful duty. Officers have the right to defend themselves from a perceived imminent attack. Armed assailants should expect to be shot if they draw a handgun on an armed police officer under the circumstances of this case. Had Mr. Tignor simply complied with Officer Greer’s lawful commands, the confrontation would have ended peacefully at that time. Based on Tignor’s aggressive actions and his brandishing of the handgun, it was entirely reasonable for Officer Greer to fear that Tignor was about to fire at him. It was reasonable for Officer Greer to fear that he was about to be shot by Tignor. The facts in this case support the conclusion that there is only one person responsible for the death of Bennie Lee Tignor—Bennie Lee Tignor. We have no doubt that Officer Greer would have preferred to have had an uneventful shift and not to have his life threatened by Tignor’s armed criminal conduct. Mr. Tignor represented an armed and imminent threat to Officer Greer and a potential threat to everyone in the area when he was shot.
Perhaps some in the community may question why Officer Greer did not attempt to shoot the gun out of Tignor’s hand or shoot Tignor in the legs, arms or hand. Officers are trained, as they should be, to shoot for the center body mass to neutralize the threat. The objective is to remove the threat. The most effective way to do that is to shoot at a person’s torso because it is the largest part of the body and where a shot is most likely to incapacitate someone who poses a potential threat.
Some in the community may question why Officer Greer fired so many shots at Tignor. The evidence is that Officer Greer fired nine shots in rapid succession from a relatively close range. Seven of the shots struck Tignor. Officers are taught to shoot at the suspect until the threat is eliminated. Officer Greer continued to shoot at Tignor until he was incapacitated. After Tignor fell to the ground, Greer ceased firing.
Finally, some in the community may question why several shots struck Tignor in the back. It appears from the dash cam video that the first shots struck Tignor in the area of his right arm. Tignor’s body was twisting and turning at the time of the shooting. As his body turned, Tignor was shot several times in the back.
The law requires citizens to not threaten or use unlawful force against officers and the law requires citizens to comply with lawful police authority and commands. This shooting is yet another example of a justified officer-involved shooting where the primary contributing factors were non-compliance and the unlawful actions of a citizen who threatened the use of deadly force.
After the shooting incident, Officer Greer was placed on administrative leave with pay. No evidence of misconduct on the part of Officer Greer was uncovered. Accordingly, no disciplinary action against him is appropriate. Officer Greer will return to work on February 3, 2016.