Elton Hymon Garner Research Paper

On October 3, 1974, at around 10:45 pm, Elton Hymon and Leslie Wright of the Memphis Police Department were responding to a “prowler on the inside” call. They made the scene and observed a woman in the house next to the intended home of the call. She was standing on her front porch pointing at the house. She advised that she had heard glass breaking and someone was breaking into the house next door. As Wright showed both officers on the scene on his radio to dispatch, Hymon went to the rear of the house. Hymon heard what sounded like a door slamming shut. He then saw someone run across the backyard. The person running was later identified as Edward Garner. Garner was moving towards a 6-foot high chain at the end of the yard. Hymon shined his flashlight in Garner’s direction so that he could see his face and hands. Hymon was “reasonably sure” that he did not see a weapon in Garner’s hands. To Hymon Garner appeared to be 17 or 18 years old and about 5’5 to 5’7 feet tall. Hymon began to give verbal commands of “Police,” “halt” as he walked towards Garner because it appeared that he about climbed the fence. Garner disregarded the command and started to rise to elude police. With the belief that Garner would get away if he made it to the other side of the fence, Hymon shot him. Hymon shot Garner in the back of the head. He was taken in the ambulance to the hospital where he later died on the operating table.

The Tennessee statute (T.C.A. 40-17-108) state that “after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.” The Memphis Police Department’s policy had similar limits, however still allowed the use of deadly force in burglary situations. There was no action taken by the Memphis Police Firearm’s Review Board or the grand jury (Tennessee v. Garner,