‘Not surprising’: Attorney of Martavious Banks disappointed officers were not charged

Investigation into officer-involved shooting unsealed

MEMPHIS, Tenn. (WMC) - Last year Shelby County District Attorney Amy Weirich announced no criminal charges would be filed against the police officer who shot Martavious Banks.

Just Before 6:30 p.m. on September 17, 2018, then 26-year-old Martavious Banks was pulled over.

In a released video from an officer’s body-worn camera, you can hear the officer telling Banks that he was pulled over because when he ran his tags it showed he didn’t have insurance.

The video shows that Banks was also asked to show identification which Banks could be heard telling the officer that he didn’t have one.

TBI releases report on Martavious Banks shooting

The officer then said, “OK Don’t move. Don’t move. Put your hands up.” -- “Watch out! Watch out! He got a gun!”

The police officer’s dashcam video shows Banks taking off at a high rate of speed for nearly five miles. He can be seen weaving in and out of oncoming traffic on Elvis Presley Boulevard and running two red lights. The chase ended at Gill Avenue and Silver Street.

However, that’s where the video stopped, because all three officers involved in the traffic stop and chase turned off their body-worn cameras at this point.

“The defendant Martavious Banks is within that white circle running for the porch holding a handgun,” said Weirich in a released YouTube video of her explaining the evidence.

The officer later told investigators Banks raised the gun towards him.

“Again a quote from the officer. When he produced the weapon I feared that he was going to try to take my life. After Banks was shot, he entered the house and closed the front door,” said Weirich.

That’s where the video presumably picks back up, body-worn camera from the presumed shooter could be heard saying, “I’m OK. I’m the one that fired the shots.”

Video shows officers later entering the house and rendering aid to Banks who was shot five times including in the chest.

“So why were no criminal charges filed against the officer who shot Martavious Banks?,”asked Weirich in the video. “The officer’s account that Banks had turned toward him with a gun was supported by the evidence.”

A 9-millimeter gun was found near the front door of the house with one round in the chamber.

DNA on the gun was linked to Martavious Banks.

Weirich also says evidence showed Banks was not shot in the back which supports evidence he was not running away when shot.

Banks later plead guilty to evading arrest with risk of death or injury and unlawful possession of a weapon.

The officer who shot Banks later resigned.

The other officers were disciplined for turning off their body-worn cameras.

“We’re disappointed these officers weren’t charged however it’s not surprising,” said Banks attorney Art Horne.

“We feel confident Mr. Banks may not be made whole in criminal court but hopefully in civil court,” said Horne.

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