Lawsuit filed in deadly 2023 Chattanooga police shooting
CHATTANOOGA, Tenn. (WDEF)- A year ago on Sunday, Roger Heard Jr. was shot and killed by undercover Chattanooga police officers during an attempted arrest.
Now, his family is suing one of the officers involved and CPD.
Attorneys on behalf of Roger Heard’s family have filed a lawsuit against Officer Celtain Batterson and the Chattanooga Police Department after he was shot during an operation on August 11, 20-23, at a gas station on East Third Street.
Officer Batterson was one of three officers who were undercover that night, attempting to arrest Heard on outstanding warrants from Knoxville.
However, their attempt to arrest him resulted in a gun fight, leading to Heard’s death.
None of the officers faced criminal charges after Hamilton County District Attorney Coty Wamp ruled that their actions were justifiable.
District Attorney Wamp remarked after the incident, “That is what happens when you shoot a law enforcement officer, and (to) the community that didn’t know that, I’m glad they now do.”
However, attorneys for the Heard family argue this case is not so simple.
Attorney Mark Begnaud said, “We’re alleging that this is an unconstitutional use of deadly force where the officers were not justified in using the amount of force that they did. Specifically here the core claim is that Officer Batterson when he shot Mr. Heard nine times after Mr. Heard was not armed and on the ground and didn’t pose a threat that was a serious Constitutional violation.”
Begnaud argues that the Batterson being plain clothed contributed to the outcome, causing Heard in the attorney’s view to act in self-defense based on evidence from a CPD Internal Affairs Investigation.
“It was found by the Chattanooga Police Department these officers were not readily identifiable as law enforcement officers when they approached they approached Mr. Heard’s car,” said Begnaud.
We reached out to the Chattanooga Police Department for comment on this lawsuit.
They referred us to the Chattanooga city attorney’s office.
City Attorney Phil Nolbett told us they have not yet been served with the lawsuit, but are aware of its existence and are planning a response for when it is served.
