AKRON, Ohio — Nearly a year after Jazmir Tucker, 15, was shot and killed by an Akron police officer, a special grand jury convened in Summit County and, after deliberating, has chosen not to indict the officer who pulled the trigger.
The special grand jury handed down its decision Thursday morning, according to the Summit County Clerk of Courts. Summit County Court of Common Pleas records show the no-bill was issued after the special grand jury considered a murder charge.
The officer, Davon Fields, hired in December 2019, will not be charged with a crime for the teen’s death.
The Cochran Firm, which is representing Jazmir's family, released the following statement about the decision:
"Jazmir Tucker's family is deeply disappointed by the grand jury’s decision to not indict Akron police officer Davon Fields.
Despite the irrefutable medical evidence showing two fatal shots to Jazmir’s back and troubling facts about delayed medical aid and body-camera protocol, the grand jury refused to hold this officer criminally responsible, which could ultimately have a chilling effect on the entire community.
Jazmir's family is left grappling with loss, grief and unanswered questions.
We will pursue every legal avenue possible to ensure Jazmir's family receives the justice they so deserve including filing a wrongful-death lawsuit which will provide another path for accountability, including access to discovery.
Additionally, we will join efforts to mandate more robust grand jury transparency. The current grand jury model—a closed proceeding relying solely on the prosecutor’s presentation—fails to harness the broader insight grand jurors might offer this family and others.
We will also work to reform police protocols around the use of lethal force, weaponization, body-camera activation and emergency medical response.
Jazmir will be remembered by those who knew him as a great kid, full of laughter and kindness. His memory endures and demands that justice be pursued not just in legal filings, but in how our community reforms policing to ensure no parent faces such a tragic loss again."
"It's something I wouldn't even wish on my worst enemy, like, it's a pain that you can't describe," Jazmir's sister, Princess Green, told News 5.
Fields shot and killed Jazmir on Thanksgiving, Nov. 28, 2024.
"It could happen to your niece or nephew. You know what I mean? Kids make mistakes and they don't need to get shot down for it," said Jazmir's aunt, Octavia Green.
According to the Akron Police Department, a pair of patrol officers, parked in their marked cruiser at East Avenue and Vernon Odom Boulevard, heard gunshots nearby and exited their patrol car.
In a Bureau of Criminal Investigation report, Fields said that he and the other officer grabbed their rifles before searching on foot.
Field reportedly explained that the rifle allows for a more precise shot, especially at a greater distance.
"Fields stated that when hearing gunshots, he cannot tell what type of weapon was/is being fired. Fields stated that it was possible that they were going to end up in a gunfight with the suspect. Fields stated that a rifle is a superior to a pistol because it is more accurate at greater distances, and it is easier to control," the BCI report reads.
Fields also told BCI that there had been multiple shots-fired calls and murders in that area.
Fields stated that it was possible that the suspect had a rifle and that there could have been more than one armed suspect.
A short time into the foot search, outside of Miller South School for the Visual and Performing Arts, the officers encountered Jazmir. However, it’s unclear what the officer saw when approaching Tucker based on the body camera footage provided.
According to a BCI report, Fields followed Tucker, and once he was 30-40 feet from him, Fields illuminated Tucker's legs with his rifle-mounted light and told Tucker to put his hands up.
Fields said he didn't make immediate commands because they were surrounded by well-populated neighborhoods, and he feared Tucker would take off.
But even as Fields was close to Tucker and called out those commands, he told investigators Tucker ran.
Per a BCI report, Fields said there was a police cruiser that was passing Tucker and looked like it was going to cut in front of the teen.
Fields said Tucker then reached toward the front of his waistband with a "high 90-degree elbow bend."
Fields described that motion looking like Tucker was reaching for a gun.
"Fields stated that the majority of people in the city that carry illegal firearms carry them in the front waistband position or in a front hoodie or jacket pocket. Fields indicated that kicking the elbow out high allows the person to quickly access the firearm. Fields said that if the subject was going to give up, he would have put his hands in the air. However, after seeing the cruiser about to cut him off, he reached for his waistband," the BCI report reveals.
Fields told BCI investigators that he feared Tucker would shoot at the other officers in the vehicle, "So I stopped, fired several rounds and uh, I stopped firing once (the) suspect fell forward and onto his right arm."
In the body-worn footage, officers stated several times that the alleged reason for shooting Tucker was due to what “looks like a firearm on his right hip.”
The video does not adequately show whether Tucker had drawn the weapon previously, nor does it show a clear visual of the moments that led to him being shot.
"I thought I fired three to four rounds," Fields told investigators. "It appeared to be like somewhere between eight, the reason being, we don’t train to fire a specific number of rounds. We train to end that threat."
According to the body camera footage, it took about seven minutes before officers approached the teen. After roughly another three minutes, officers began providing some aid, which included putting a chest seal on Tucker around the time EMS arrived.
Fields told BCI the reason officers didn't approach Tucker sooner is because, based on his training, even after someone is shot, "they can bait officers in and once the officers close the distance, the subject can start shooting at or fighting with officers."
"At the same time, they were trying to get officers to respond with a ballistic shield. While they waited for a ballistic shield to arrive, the officers pulled back to a nearby cruiser so that they could have cover. Once ballistic shields were on scene, the officers made an arrest team and approached the subject. The subject was secured, and officers began to provide medical aid. Fields was then removed from the immediate area," the BCI report says.
According to the Summit County Medical Examiner’s autopsy report, Tucker was shot twice in the back and once in the arm.
RELATED: Akron community left with concerns following Jazmir Tucker’s autopsy report
It’s terrible that someone lost their life. I mean, he was somebody’s relative, somebody’s son, and especially on a holiday. I feel terrible about it.
Body camera footage revealed a gun was found in Tucker’s right-side pocket. However, the pocket was zipped, and other items appeared to bury the gun in his pocket.
RELATED: Body camera footage released in deadly police shooting of Akron teen
Akron police said in a statement that the National Integrated Ballistic Information Network matched two shell casings found near the school to the weapon Tucker had on him.
RELATED: Bullet casings found by Akron police match gun found in Jazmir Tucker's jacket
The teen, who was a freshman at North High School in Akron, left behind a large family, including his identical twin brother, Amir.
The shooting prompted Tucker’s family and their attorneys to call for change and accountability in the Akron Police Department and its “culture of violence.”
"I feel like this is something that I don't feel should be swept under the rug. Jazmir was a 15-year-old boy," said Bettina Gibson, a friend of the Tucker family.
Akron Mayor Shammas Malik and Police Chief Brian Harding issued a joint statement regarding the special grand jury's decision:
“We want to again send our deepest condolences to the family and friends of Jazmir Tucker as they continue to mourn his loss. We want to thank the Ohio Bureau of Criminal Investigation for investigating this case and the Mahoning County Prosecutor’s office for accepting the investigation to present to a grand jury. We’d also like to thank the members of the Summit County grand jury for honorably performing their civic duty.
We want to reiterate that this investigation was handled independently from the City of Akron. The Ohio Bureau of Criminal Investigation undertook the investigation of Jazmir’s death from beginning to end. From that point, they turned the investigative materials over to another outside agency, the Mahoning County Prosecutor’s Office to review the evidence. The Mahoning County Prosecutor's Office then convened a special grand jury made up of Summit County residents, who were presented with the evidence accumulated from the state’s investigation. The members of that grand jury made the collective decision not to bring criminal charges in this matter.”
“There will undoubtedly be many reactions to today’s news. For those who wish to speak out – your speech and advocacy are constitutionally-protected, and the City of Akron will safeguard those rights. Violence and property damage are unacceptable and will not be tolerated.
To our officers, we recognize the challenges you face as you work to protect and serve our city. The call to public service is an honorable one and the calling of a police officer is especially challenging. There will continue to be difficult days ahead, but we have confidence in the men and women of the Akron Police Department to meet this moment, and we will continue to support you as you protect and serve the Akron community.
Separate and apart from the criminal and disciplinary processes, we believe that fatal encounters should be examined for lessons learned. As we have previously shared, the City of Akron is undertaking a review of our use of force policy with a nationally recognized organization, the Police Executive Research Forum. In the coming months, the PERF team will work with our community, with law enforcement and the public, to review the City of Akron’s use of force policy, practices, and procedures – to delve into community expectations, training, best practices and more. With their help, Akron will collectively seek the best outcomes possible in dangerous situations.”
Akron FOP Lodge #7 issued the following statement after the special grand jury's decision came out:
A Summit County Grand Jury has cleared an Akron Police Officer who was forced to use deadly force to defend their life in November of 2024. After an independent investigation by the Ohio Bureau of Criminal Investigation (BCI) and a comprehensive review by the grand jury, the evidence showed that our officer acted appropriately in a life-threatening situation.
“The grand jury confirmed today that our officer followed his training and acted lawfully,” Brian Lucey, President of Akron FOP Lodge #7 said. “While the loss of life is a tragedy, the rush to judgment by some elected officials in this case was reckless and irresponsible.”
The BCI investigation showed that officers were finishing reports late at night when they heard gunshots nearby. Not knowing whether the shots were fired at them or someone else, they rushed towards the sound of the gunfire. Officers came face to face with Jazmir Tucker, a teenager who was carrying a recently-fired and loaded semi-automatic handgun with an extended magazine.
“The cause of this terrible tragedy was a teenager carrying and firing a loaded semi-automatic handgun with an extended magazine, that he was not permitted to carry” Lucey continued. “Akron police are dedicated to keeping our community safe, but we urgently need stronger support from juvenile courts, parents, and community leaders to prevent tragedies like this.”
Rev. Ray Green Jr., executive director of The Freedom BLOC, a community activist organization, pushed back against the special grand jury's decision:
“This is the most glaring flaw in our so-called system of justice. When the friends of the police(the Prosecutor’s Office) investigate the police and then present those findings to a grand jury, justice for Black communities will never be the outcome. God calls us to forgiveness, but God also demands accountability. What happened today is not accountability, it is complicity. Every time a grand jury refuses to hold an officer responsible, the system tells us loud and clear that Black life in Akron is disposable.
We will not accept silence or political double-speak. Our community deserves leaders with the courage to act. The Police Oversight Board must launch a full investigation and recommend immediate termination of Davon Field. Anything less is an insult to the people who live, work, and raise families in this city.
Akron will not be a city where our children live in fear of the very people sworn to protect them. We will not stop until there is accountability, until there is justice, until there is safety for every single one of us. Power is with the people and we will use it.”
