Johnson City withholds police reports related to Gray shooting investigation

More than a month after a man was shot dead at a parking lot in Gray, Johnson City legal staff said they will not release police reports associated with the deadly shooting until the case is settled in court. On Monday, the city denied a public records request from the Johnson City Press for police reports for the Aug. 14 shooting in Gray. In their denial, legal staff cited an exemption under state public records law that allows law enforcement to withhold materials related to ongoing criminal investigations or proceedings. "There are no records to be released at this time, in accordance with the Tennessee Public Records Act, due to ongoing investigation. Both cases are still pending in court. No records will be released until there is a disposition in the respective case," the denial states.In the same request, the Press asked for police reports for a Sept. 5 incident where a youth was shot in the arm in the Cherry Street parking lot.While the police department has not released any information on whether a suspect was identified in the Gray shooting, JCPD spokesperson Shira Evans previously said the case was turned over to the district attorney's office for review. When asked whether JCPD had identified a suspect in the shooting, Evans wouldn't confirm or deny. "The Johnson City Police Department is not releasing any additional information about the investigation at this time," Evans wrote in an email to the Press Wednesday afternoon.Police identified 24-year-old Dalton Spaulding, of Jonesborough as the man killed in the Gray shooting. It took place in the parking lot at 401 Roy Martin Road, in front of the Dunkin' and A1 Smoke and Vape. An investigator said later the day of the shooting that the incident stemmed from an argument between Spaulding and another over a handicap parking space, during which the 24-year-old was shot.The day of the shooting, officers detained a person of interest for questioning when they arrived at the scene, but no arrests were made. When asked why they are choosing to wait until after the case is finished in court to release records, the city's legal staff provided the following statement:"The City's response to the requested records is consistent with previously provided responses for similar records. When evaluating requests for public records, the City consults applicable Tennessee law, i.e., statutes, the Tennessee Constitution, case and common law, rules of court, and administrative rules and regulations."Deborah Fisher, executive director of Tennessee Coalition for Open Government, said while the investigative exemption for public records is valid, police departments are still at liberty to share any information they want. TCOG is a nonpartisan nonprofit that advocates for transparency in government across the state."Police departments are selective about what they release. They know that they can release anything they want to release and they do it all the time," Fisher said. "Sometimes, police will hide behind the so-called investigative exemption to hold back information that for some reason, they just don't want public," she said. "But I think that's a mistake when what they're withholding is basic information. And in this case, for example, basic information would be the name of the person that is believed to have shot a young man."Fisher said there are legitimate reasons law enforcement agencies may not release information, such as whether there's a question of who committed a particular crime, or if there's a question of self-defense. But JCPD hasn't explained specifically why it won't release any more details on a potential suspect or why it won't release police reports."I think there are legitimate reasons. They just need to do a better job explaining what they are in this situation," Fisher said.In recent years, Fisher said, she's noticed that law enforcement agencies across the state tend to withhold more information from the public than they used to."It used to be routine for police departments to either release offense reports or incident reports that would show the basics of what they observe," Fisher said. "And sometimes they would at least release the name of someone they are considering charging.""Police departments and sheriff's departments are keeping more crime information away from the public," she said. "Too often they're withholding routine information that the public, I think, has an interest in knowing."Transparency about why some information is released and why other details aren't, Fisher explained, can help community members feel safer."At the end of the day, if there's a crime that has occurred — and let's just say it's in your neighborhood or your area — you're interested in public safety and you want to make sure that government is doing all that they can to ensure public safety," she said. "Sometimes information helps calm things down."Friends of the 24-year-old have started an online petition calling on local officials for a transparent investigation and to prosecute the person who shot Spaulding. It's garnered 600 signatures over the past two weeks.