Alex Pretti, Mark Capps, and the Extrajudicial Killings of Americans

Alex Pretti (via VA), Mark Capps (via markcapps.com)


The killing of VA nurse Alex Pretti in Minneapolis has done something quite exceptional that we rarely see in the United States these days: bring people towards something resembling a consensus opinion. It’s not just the killing, but the rhetoric that proceeded it that made the matter feel less political, and more personal. It cut less across one’s feelings on policy, and more about a universal fear on the infringement of very fundamental civil rights that all Americans hold dear, and specifically the right to protest and bear arms.

Where in previous eras any officer involved shootings resulted in cautious statements by officials, paid administrative leave for the officers involved, and a thorough investigation, we got propagandized hyperbole not even law enforcement proponents could justify, along with rushes to judgment that appropriately called into question the credibility of everyone involved.

The characterization of commander-at-large of the United States Border Patrol, Greg Bovino that Alex Pretti was “out to do maximum damage, and massacre law enforcement,” and Department of Homeland Security Secretary Kristi Noem’s asserting that Pretti was “brandishing” a firearm feels so buffoonish in the face of the overwhelming video evidence, including that the gun was removed from Pretti’s possession before a dozen or so shots rang out while he was face down on the ground, surrounded by officers.

The rhetoric has been so irresponsible, even the Trump Administration that has been notoriously reluctant to show weakness or regret is now reshuffling and re-assigning the leadership involved in the killing and response, and drawing down the numbers of Federal law enforcement in Minnesota to attempt to de-escalate tensions.

The concern many Americans now hold is when these extrajudicial killings could come for members of their community, or someone they know. But the truth is for the country music community and Nashville, it already did. It just didn’t become the cause célèbre the killing of Renee Good and Alex Pretti did, or George Floyd or Brianna Taylor for that matter.

We’re talking about the killing of four-time Grammy-winning Mark Capps in January of 2023.

Similar to Renee Good and Alex Pretti, the same entities who helped perpetrate the killing of Mark Capps were also the ones assigned to investigating it. Lies and mischaracterizations were fed to the media and public immediately to push them off the scent. And also similar to the Alex Pretti killing, Second Amendment rights we’re very much a part of the issue, with the presence of a gun used to justify the killing, even though the gun was never fired, and there was no evidence it was ever brandished.

In both situations, there was video recording of law enforcement asking, “Where is the gun?” after the shooting, because the answer was not obvious in the immediate aftermath.

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With scores of credits to his name from working with artists such as Dolly Parton, The Oak Ridge Boys, Ronnie Milsap, The Isaacs, and many others, 54-year-old Mark Capps was well-known and beloved throughout the country music community. Mark Capps also came from a prominent country music family. He was the son of Grand Ole Opry legend and Musicians Hall of Fame member Jimmy Capps, also known as “The Man In Back.”

But in the early days of 2023, Mark Capps was going through a difficult time. Mark’s brother Jeffery Allen Capps passed away on January 3rd—just two days before he would be killed by Metro Nashville Police. On December 15th, 2022, Becky Isaacs of the country Gospel band The Isaacs was hit head-on in a two car collision in Hendersonville, Tennessee, and hospitalized with severe injuries. Capps was close to Becky Isaacs. This also resulted in the Isaacs having to cancel numerous tour dates. Mark Capps was the touring engineer for The Isaacs at the time, which put Mark Capps out of work right around the Holidays.

All of this led to January 5th. Still distraught over the death of his brother, Mark Capps was heavily medicated and drinking alcohol. When his wife Tara came home and saw Capps drinking, she took the beer from him, which helped initiate the altercation. Police reports do make it clear that Mark Capps was verbally threatening both his wife and stepdaughter McKenzie, and acting erratically as a fight dragged on into the night.

But the whole time there was a third person in the house with Mark Capps as well. Zachary Noah Silva is an officer for the Tennessee Bureau of Investigation (or TBI), and was staying in the house that night. He was the boyfriend of Mark’s stepdaughter. Not only was Silva in the house, he was there with his sidearm, badge, and uniform.

Despite police later characterizing the incident as Mark Capps kidnapping his family and not allowing them to leave, Noah Silva was able to leave during the incident and after it had de-escalated. And when Noah Silva left, he felt no need to report the incident to either Nashville Metro Police, or to his TBI superiors when he arrived at work.

Mark’s wife and stepdaughter were able to leave eventually too, going to a nearby police station, and leaving Mark Capps alone in the house. The two women provided sworn affidavits that Mark had threatened to kill them, and a warrant was issued for his arrest. But as opposed to trying to open a line of communication with Mark to attempt to de-escalate or get Mark to leave the house, the SWAT team was called and ordered to extricate Mark Capps from his home.

Three SWAT Officers were ordered to the front porch of the Mark Capps house to place an explosive device on the front door to blow it off its hinges. When Capps came to the door after hearing a commotion outside—allegedly with a revolver in his hand—SWAT officer Ashley Kendall Coon fired four times at Capps.

As can be seen in body camera footage, after the first shot was fired, the front door of the house closed. Despite not being able to see Capps in order to determine if he remained a threat, Officer Coon kept firing, shooting Capps three times through the closed door, ultimately killing Capps in the front room of his house.

Along with the bullets, fragments of the door were found in Mark during the autopsy. Mark Capps was shot through the closed metal door of his home. Body camera footage from the officers left it inconclusive if Mark had a gun, or if he pointed it toward officers. Whether Capps had a gun or not, he was clearly retreating when he was shot.

In a press conference held on the day of the shooting, Metro Nashville Public Affairs Director Don Aaron stated that Mark Capps had kidnapped his wife and stepdaughter at gunpoint and held them against their will. The media ran with this story and reported it virtually verbatim.

Wife Tara Capps wanted her husband removed from the home since he was clearly experiencing a mental health crisis, but she never wanted him killed. As the Associated Press reported at the time, “Nashville has a project called Partners in Care that teams counselors from the city’s Mental Health Cooperative with officers to respond to mental health emergencies where there is a gun or other danger present. Instead, members of the Metro Nashville Police Special Response Tactical team returned to the Capps’ home around 2 p.m.”

This was the fatal mistake made by Metro Nashville Police, along with ordering SWAT officers to the front door to place the explosive devices so they could blow it off its hinges as opposed to opening a line of communication with Capps. This decision also put the SWAT officers at risk.

Mark Capps had no previous criminal record or history of arrests. According to friends of Mark, he was never violent, and wouldn’t hurt anyone. He was in the midst of a metal health crisis. The wife who Capps allegedly kidnapped and who went to the police filed a wrongful death lawsuit against the Metro Nashville Police Department. The captain in charge of SWAT was reassigned to the Parks Department, and according to sources, strategic changes were made to SWAT protocol due to the Mark Capps killing.

But no disciplinary action was ever taken against the SWAT officer who killed Mark Capps, let alone a criminal investigation, or even a public statement about the mistakes made that lead to Mark Capps being killed.

Though a lot of artists, activists, journalists, and others are demanding that country music artists and entities speak out against the actions of ICE amid the killings of Renee Good and Alex Pretti, mum was the word from all of these individuals when the media and high-profile performers could have raised awareness about what happened to someone in their own community who was killed senselessly.

Nashville-based media outlets and journalists who profess being for social justice and civil rights ignored the killing of Mark Capps or even parroted out the Metro Nashville Police talking points unscrutinized. It took eight months for any outlet to even report out that a TBI officer had been in the home at the time of the supposed “kidnapping” after Saving Country Music had confirmed this information 15 days after the killing.

The death of Mark Capps would have been the perfect time to illustrate how concerns about civil rights should be universal as opposed to polarizing or politically expedient for one’s pet issues, including the right for Americans to bear arms and be secure in their own homes.

Alex Pretti put himself in harm’s way by being aggressive with police. So did Renee Good. Mark Capps had made threatening statements that resulted in police getting involved. But none of these individuals deserved to die, and all three of these instances deserve to to be at least thoroughly investigated by independent parties. This isn’t about playing stupid games, and winning stupid prizes. This is about the right of every American citizen to be secure in their person and have their civil rights respected.

The killing of Mark Caps didn’t result in massive protests, a major public outcry, or even significant press coverage. It was virtually ignored to the great frustration of Mark’s friends and family. A four-time Gammy winner had been gunned down in his own home, and nobody seemed to care.

But hopefully we all now know that if we don’t stand up for the civil rights of one, we don’t stand up for the civil rights of all, including ourselves.

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