Report: No weapon found at Kroger following police shooting

Published: December 26, 2012 

shooting

Paramedics attend to a man Macon police said was shot by an officer Dec. 21, 2012, at the Kroger on Pio Nono Avenue.

BEAU CABELL — bcabell@macon.comBuy Photo

A Macon man who was shot to death Friday afternoon by a Macon police officer in the parking lot of the Pio Nono Avenue Kroger was handcuffed before he was medically treated, even though police found no weapon on the scene, according to a Macon police report.

The report about the shooting of 49-year-old Sammie Davis Jr., released Wednesday, sheds little light on what caused officer Clayton Sutton to shoot Davis three times in the chest.

According to the report written by police Sgt. Steve Draper, Draper arrived to provide backup to Sutton, who had called in the shooting. When Draper arrived, he saw Sutton holding his weapon on Davis, who was wounded and sitting behind Sutton’s vehicle.

The report said Draper saw blood coming from Sutton’s neck and asked if he had been shot. Sutton said he had been cut, the report said. Sutton said he didn’t know if Davis still had a weapon.

Draper told other officers on the scene to cover him as he checked for weapons.

The report said Draper checked Davis’ hands for a weapon. Officers then rolled Davis over and Draper told Sutton to handcuff him, the report said. Officers searched for a weapon but didn’t find one.

Officers then rendered first aid to Davis until paramedics arrived.

Deputy Police Chief Mike Carswell said via e-mail Wednesday that the department’s Criminal Investigation Division is still in the fact-finding phase of the investigation. Once that phase is complete, the results will be sent to the Bibb County District Attorney’s Office for review.

Carswell also said an initial police statement that Sutton was serving a warrant on Davis was incorrect. Carswell said Davis had no outstanding warrants and that Sutton was responding to a call for service involving Davis. Neither Carswell nor the department provided additional information about the call for service.

Davis’ family said he had never been in trouble with the law and went to Kroger almost daily to people watch. His sister, Cheryl Davis, said Kroger managers never had any issues with Sammie Davis being outside the store.

Sutton, 29, who has worked with the department for more than six years, is still on administrative leave while the shooting is being investigated, which is standard procedure for an officer-involved shooting. Earlier this month, he was one of seven Macon officers presented with an award of merit.

According to court records, Sutton is a defendant in a lawsuit after he allegedly struck a man that he and other officers were arresting.

Sutton, two other police officers, the city, Police Chief Mike Burns and Bibb County Sheriff Jerry Modena all were named defendants in a civil lawsuit filed in July in Bibb County Superior Court.

The lawsuit, which hasn’t been resolved, alleges that Sutton hit plaintiff Jimmy Brewster two to four times with his flashlight while officers were searching a house on Columbus Road. The lawsuit claims Sutton pointed a gun at Brewster, telling him to get off the porch and walk toward him. Brewster refused, entering the house instead, the lawsuit said. A fellow officer prevented Brewster from entering the house, and that’s when Sutton allegedly struck Brewster, according to the lawsuit.

Brewster’s lawsuit said he declined medical treatment at the time of his arrest, but later developed a brain bleed. The officers’ attorneys filed a response to the lawsuit, denying most of the allegations, including that Sutton struck Brewster.

Staff writer Linda S. Morris contributed to this report. To contact writer Phillip Ramati, call 744-4334.

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