NASHVILLE, Tenn. - The wife of Grammy-winning sound engineer Mark Capps, who was fatally shot by a police officer in January, has filed a federal lawsuit against the city of Nashville and Officer Ashley Coon. The lawsuit alleges the use of excessive and unreasonable force, claiming that Capps did not pose an immediate threat at the time of the incident.

According to the three police officers involved, including Officer Coon, Capps was killed after pointing a handgun at them. However, Capps' family disputes this account, pointing to the body camera footage that suggests he did not aim a weapon. The lawsuit argues that Officer Coon employed excessive force by shooting and killing Capps when he was not actively threatening imminent harm. Furthermore, the suit holds the city responsible for Capps' death, alleging that it allowed the Metro Nashville Police Department to operate with a "culture of fear, violence, and impunity."

When contacted for a comment on the lawsuit, Metro Nashville Associate Director of Law-Litigation Allison Bussell stated, "We have not been served with the Capps lawsuit and have not reviewed or investigated the allegations."

Police investigative files reveal that Capps, who had won four Grammys for his work on polka albums over a decade ago, was struggling with depression and suicidal thoughts leading up to his death. The situation was exacerbated by the recent loss of his brother on January 3. After a night of drinking and taking pills, Capps allegedly pulled out two pistols from a bedside drawer and verbally confronted his wife, Tara Capps, in the living room. He held Tara, her adult daughter, McKenzie Acuff, and Acuff's boyfriend captive at gunpoint, threatening their lives as well as the lives of their dogs. Capps finally agreed to put the guns away around 5 a.m. before continuing to verbally abuse Tara for several hours until he fell asleep. Tara Capps and her daughter sought help by going to their local police precinct.

The lawsuit claims that Officer Patrick Lancaster, who interviewed Tara and McKenzie, proposed going to the Capps' residence to take Mark Capps into custody without a warrant, based on advice from the domestic violence unit. It argues that Lancaster did not display any fear of harm in his statements or tone. Eventually, warrants were obtained and a SWAT team consisting of 13 members was deployed to serve them. Despite the existence of a program called Partners in Care, which pairs mental health counselors with police officers in responding to mental health emergencies involving firearms or dangerous situations, no counselors were called to the scene.

Initially, the plan was for the SWAT team to announce their presence using explosive charges at the front and back doors. However, as the charges were being placed at the front door, Capps opened it, and Officer Coon, a member of the SWAT team, shot and killed him. The three officers present claimed that Capps was pointing a gun at them, with Officer Coon stating that Capps' finger was on the trigger. However, the body camera footage is not clear, though officers can be heard shouting, "Show me your hands!" The lawsuit implies that this command would not have been uttered if Capps' hands had been visibly unarmed.

The investigation into the incident deemed the shooting justified, resulting in no charges being filed against the officers. However, the lawsuit alleges that Capps was not actively threatening the officers or demonstrating actions that posed an imminent harm.

The case has now entered federal court in the Middle District of Tennessee, where the family seeks justice for their loved one's untimely death and aims to shed light on the alleged excessive use of force by Officer Ashley Coon.