Federal jury clears two Metro officers in killing

Kim Smith

Monday, Feb. 11, 2002 | 8:53 a.m.

A federal jury took about three hours Friday to decide that two Metro Police officers acted appropriately when they shot and killed a domestic violence suspect in February 1998.

"The bottom line is we had a straight-up credibility issue between the plaintiffs and the officers and the jurors believed the officers, as they did during the coroner's inquest," in March 1998, Metro attorney Walter Cannon said.

The weeklong trial, involving Officers Mark Dwiggins and Jeffrey Tabor, stemmed from Tammie Payton's allegation that the officers unjustifiably beat and shot her husband, Eric, to death, then tried to cover it up.

Tammie Payton's attorney, Robert Kossack, did not return calls seeking comment.

Dwiggins and Tabor were called to the Payton house Feb. 27, 1998, just hours after other officers received a domestic violence report from Tammie Payton. Eric Payton was named as a suspect.

Dwiggins and Tabor testified that Eric Payton struggled fiercely with them when they tried to arrest him, and Tabor was forced to shoot Payton in the back when he continually tried to take the officers' guns.

Dwiggins told jurors he was shot in the wrist by his own gun during the struggle. Kossack alleged Tabor shot Dwiggins.

Tammie Payton further alleged Tabor shot her husband while he was on the ground.

Cannon said Metro does not hesitate to settle lawsuits when it appears officers acted inappropriately. In this case it was clear the officers were justified in their actions, he said.