Circumstances of Wayne Mills’ Death Leave Many Questions
Yesterday morning, Outlaw country music artist Wayne Mills was shot and killed at a bar in Nashville by the bar’s owner Chris Ferrell at 5 AM in an incident reportedly started when Wayne was smoking in a non-smoking portion of the bar. Since then the sadness and shock for some Wayne Mills fans and friends has turned to anger, and understandably so.
No matter what the circumstances were that surrounded, or led up to the shooting, whether Wayne Mills was drunk, Chris Ferrell was drunk, whether Wayne was smoking a cigarette somewhere where he shouldn’t have been, regardless, this was a colossal, colossal tragedy that resulted in the loss of a father and a husband. And no specifics on the scenario that led to his death as they trickle out from authorities or get by speculated upon by friends and fans will change that whatsoever. Whether it was an aggressive altercation, and misunderstanding between friends, or simply an accident—a man is dead, and for what? Because he was smoking in a non-smoking section 2 hours after closing time? That is what makes the death of Wayne Mills so hard to swallow.
I’ve seen many people full of vitriol for Chris Ferrell. The first thing you have to understand about the circumstances surrounding the shooting is that Chris Ferrell and Wayne Mills were friends. They were at the bar at 5 AM, together, as part of an after-hours gathering. That doesn’t mean either man or both did not act inappropriately at some point, but they weren’t strangers in a bar brawl that went too far. They were buds.
The second thing to note is that no charges have been filed, and no arrests have been made up to this point, and the investigation is ongoing. Now that Wayne Mills has passed away, it will be an imperative by investigators to dig even deeper into this case to try and determine if the shooting was truly in self-defense, or if something else was involved.
I’ve seen a lot of chatter about how Wayne Mills was shot in the back of the head, and how this would be impossible for anyone to do acting in self-defense. Let’s let the facts come out before we jump to any conclusions. It could very well be that Chris Ferrell is a monster and deserves to be sentenced for Wayne’s death, but the police didn’t feel they had the probable cause to even detain him after their initial investigation.
As we very well know though, the police make mistakes all the time. The initial misidentification of Wayne speaks to that. We don’t know a lot about this case, but we do know that with a proper ID on his person, and a cooperative shooter, the police still misidentified Wayne for many hours after the investigation started. This brings many questions up about the thoroughness and accuracy of the investigation. But Ferrell made no attempt to flee, was cooperative with authorities, and deserves the presumed innocence until guilt is proven that we all would wish to be dealt with if we were ever found ourselves in a similar scenario.
At the same time, the innocence of Wayne Mills should also be assumed. If Wayne was killed in self-defense, what did he do to provoke a life-threatening scenario beyond lighting up a smoke in a smoke-free zone? Was Wayne Mills armed? Would a shot to a non-lethal part of the body have been more appropriate? Despite having a concealed license, did Chris Ferrell still have the right to carry that gun in bar, or while potentially inebriated? There’s a reason why many bars are labeled gun-free zones where fines and charges are higher, and it’s for similar reasons why bars have government-mandated closing times. The worst part about this case as it stands at the moment is that Wayne Mills is not only the victim, he’s also the perpetrator that Chris Ferrell was defending himself from.
In the end, the facts will come out and speculation will fall to the side, and people should be careful about appointing blame too quickly, or floating Facebook conspiracy theories. At the same time, it is an imperative on all of us to demand the facts and solid explanations to assure that if justice needs to be served, that it is, and in a swift, equitable manner. But fans can’t let their music preferences perforate their clarity of judgement. This isn’t about music, this is about a man who we lost way too soon, regardless of the circumstances.
This story has just begun. Let it be told before we rush to give our conclusions. We owe this to Wayne Mills, Chris Ferrell, and their families.
November 24, 2013 @ 10:13 am
You talk a few days ago about Lynyrd Skynyrd free bird maybe it’s time now to listen and understand Saturday night special.
A sad day for famillies and friends.
November 24, 2013 @ 10:26 am
Trigger, very well said.
I’d just add a few points to clarify the legal issues as an attorney who has done some pro-bono work on gun rights (though not in TN, I just took a quick look at the statutes, so I may be missing something)
Handguns are allowed in bars (they changed this law a few years ago), but not if you drink in the bar, and regardless of whether you have a permit, you are not allowed to be under the influence in possession. (Google Tenn. Code Ann. § 39-17-1321 if you want to see the statute). This is a misdemeanor offense and you can lose your Concealed Carry Permit if you violate it. That being said, because it is not a felony, I don’t think it would invalidate Ferrell’s claim of self defense. (This is assuming he was drunk, which we don’t know). I’m not 100% sure of this though, as the TN self defense statute does restrict the Castle Doctrine and Stand your Ground to those people who are “not engaged in unlawful activity” http://law.justia.com/codes/tennessee/2010/title-39/chapter-11/part-6/39-11-611 but I don’t think either of these would apply to the case.
Secondly, at least from a legal perspective, Wayne Mills is not presumed innocent, because he’s not going to charged with any crime. According to Tennessee law, when someone claims self-defense the state has to prove beyond a reasonable doubt that he did not have the right to self defense.
In practice, this means that Mills is presumed guilty in the sense that unless the state can prove beyond a reasonable doubt that he was not putting Ferrell in imminent harm, then Ferrell should be acquitted. Anyway, this may be a bad standard (not all states have it), but it’s the law in TN.
November 24, 2013 @ 10:59 am
Thanks for the information Mike.
I know each state is different, but in the Billy Joe Shaver trial in Texas where he shot a man in the face, he was found to be acting in self-defense by a jury, but still faced charges for bringing the weapon to the bar. The two incidents we dealt with completely separately, and did not influence each other. But Billy Joe Shaver wasn’t drunk either.
I totally understand what you’re saying about the presumed innocence and/or guilt of Wayne Mills as far as the legal aspects. I was speaking more from principle, and how it should be handled in the court of public opinion, in my opinion.
What is completely blowing my mind right now is that a man is dead, no charges have been filed, the investigation has not been concluded, but nothing further will be done with this case until Monday. This is what I’m being told by the Nashville Police Department. All the investigators are off today, and they will resume the investigation Monday morning. It’s especially concerning after they had the name of the victim wrong for several hours.
November 24, 2013 @ 11:28 am
The autopsy will take awhile, and its possible the police interviewed everyone they needed to yesterday. (Assuming they told you this today. If not, it’s outrageous, because even if they interviewed everyone the night of the shooting, they should want to follow up with people when they are sober)
The screw up with the name was pretty bad, especially given that he had an ID on him. To their credit, they admitted this was their fault and inexcusable (something the police usually don’t do) http://fox17.com/news/features/top-stories/stories/only-fox-misidentified-shooting-victim-dies-manager-talks-fox-17mikayla-lewis-17878.shtml
November 24, 2013 @ 11:58 am
Ironically, if this Spike TV Bar Rescue episode airs, it will probably be for similar reasons: because the people that make those decisions at Spike TV are probably partaking in the NFL today and not working.
November 24, 2013 @ 4:51 pm
As a resident of TN, I came in to say what Mike has already said, the only thing I can add is that TN is very slow with both toxicology tests, which we can safely assume was done on Chris Ferrell. The second point is that this will go to a Grand Jury, which will take even more time. I live in Eastern TN, and even in cut and dry shootings it can take 6 months to a year, or longer for an incitement.
November 25, 2013 @ 11:54 am
Trigger — there should be no Court of Public Opinion. That’s where things get all screwed up because the alleged Court of Public Opinion does not have the facts and, therefore, bases its opinion on supposition, assumptions, and made up theories. Let the folks handling the investigation do their job and the Courts, likewise, will do theirs — with the facts of the investigation before them.
November 25, 2013 @ 3:20 pm
I agree, and I think that was the theme of this entire article. At the same time, the court of public opinion is always inevitable, and so it has to be accounted for. I think that is what I was trying to say.
November 24, 2013 @ 10:30 am
I always track with your taste/opinions in music but am also routinely impressed with how fair you are. such a tragedy. thank you for being a calm voice in the wake of it. RIP Wayne Mills
November 24, 2013 @ 10:30 am
Well said. It’s easy to rush to judgment and assign blame. In any case, Wayne’s death was sad and unnecessary.
November 24, 2013 @ 11:21 am
What Ann awful tragedy………. God’s Speed to Wayne’s family & friends…..
November 24, 2013 @ 3:28 pm
Truely a sad day for all
November 24, 2013 @ 4:41 pm
ok so befor the drugs get out of his body they need to run a drug screen on this guy bet they find coke or meth he is a tweeker you can see he is high in the pic posted online
do your job NVPD and seek the truth what happen to our friend
was not over a smoke dig deeper RIP Wayne
we will find out what really happen
November 24, 2013 @ 7:17 pm
I’ve never met a bar owner that was not a piece of shit.
November 25, 2013 @ 3:40 am
After six years as a working musician, I quit because of the problems with bar owners. They’re all a bunch of greedheads who will spend a dollar to cheat you out of ten cents.
November 24, 2013 @ 7:34 pm
I am really wanting to see more evidence of this story. I can’t imagine what would make it go this far. -The following is not necessarily my opinion. Just another way of looking at things.- If there IS any proof of the whole ‘smoking’ thing, then this case may just be cut and dry. If Mills was smoking in a non-smoking part of the bar, then he was wrong. That is a fact. The owner may even lose his license over something like that. Whether the bar was closed or not doesn’t matter. A bar is a bar all day long. The law is the law about smoking in public places. So, if that was the scenario then I can see how an argument would ensue. Now, how it got so far out of hand that someone felt threatened enough to defend themselves to this extent is another story. It could be looked at in this light: Smoking kills. Even second-hand smoke. Very few people will say otherwise. If Ferrell was in a ‘safe zone’ to protect his health, then Mills threatened his life with a known killing agent. Is that enough reason to defend oneself once it was stated that smoking was not allowed there? Some might say, ‘Yes’. Those very types of people (that might say it is a valid reason to defend yourself) may be the very same people in the jury box. If Mills was told to put out the cigarette and he refused, and maybe was angry with his friend for suggesting it, that could have truly been what started this whole thing. Sad that things turn out in unforeseeable ways and so drastic. “And, yes, stories like these do keep me on my toes because one never knows who’s rights will be protected when all hell breaks loose.”
November 25, 2013 @ 9:15 am
The bar closes before 5am. What is everyone doing there still drinking? Isn”™t that a risk to the bars license too? Going to be pretty hard to use the enforcing “No Smoking” to protect your bar when you are serving drinks past closing and no doubt over serving plenty of people.
November 25, 2013 @ 10:47 pm
Seriously? Did you just equate lighting up inside a no smoking zone to pointing a loaded weapon at someone’s head? Last I checked you don’t need a background check or a carry permit for a pack of Marlboro reds and a lighter.
November 25, 2013 @ 11:34 pm
Well, yes, I reckon I did. One threat is no better than another. I do personally know of a child that has died because she had horrible asthma and her aunt refused to not light up in her presence. The child DIED! People do not take lightly to that. However, all this is not a personal opinion altogether. It is how many people do think, though. My point was that any and everything can get turned around these days. I was just making a turning point for the conversation. This is the world we live in. Slight of hand, smoke and mirrors.
November 26, 2013 @ 9:24 am
Ok….well, though it might have a made a lovely way to highjack the discussion about a man being shot and killed in a night club to pay a personal statement about smoking, I can tell you that Chris was in no way concerned that he was going to die immediately from second hand smoke, that he was in immediate grave danger. Glad you think it’s al smoke and mirrors hoss, I have friend, Jack has a dad and Carol has a husband who are dead. That’s not smoke and mirrors….that’s reality.
November 24, 2013 @ 9:40 pm
R.I.P.Wayne Wills.prayers to his family and friends.a terriable thing that happened.prayer’s to all.
November 24, 2013 @ 11:57 pm
Spike Tv did air that episode tonight about the Pit & Barrel. Bad form award to spike TV.
November 25, 2013 @ 3:37 am
Another stupid coward with a gun decides to settle an argument from a distance rather than dealing with it like a man. It’s the same thing you see with the gangs. Frightened little boys running to the first thing that makes them feel manly instead of being a real man. I guess if you’re going to run with cowards, you get what you get.
November 25, 2013 @ 10:15 am
I am afraid all of these people calling for the “truth” may not be able to handle the “truth”….
November 25, 2013 @ 11:30 am
Not long after Chris opened Boondoxxx, which he apparently changed to The Pit and Barrel, Wayne asked me to come play a writers round he was hosting there. Attendance was very low. Maybe 8 people there. I knew of Chris but had never met him. Around 11 or so I was standing outside the bar, smoking, and because it was still nice out, the front door was open. Chris showed up and wasn’t particularly nice to anyone, which I thought was odd given that he had free entertainment for his new place. There was a customer, a girl recently moved to Nashville from Key West who was just inside the door at the bar and she lit up a smoke and Chris went ballistic. Not only did he go off on her he proceeded to go outside and go on a rant on everyone else as well. I guess everybody has different comfort levels with aggression but, I thought his reaction was way over the top. As a club owner, with paying customers, in a town where you can smoke in some and can’t in others, it seem if you’d like to keep your paying customers happy and telling others about the place, you simply ask the customer to go outside. You don’t make a scene and you don’t behave like an ass. I played there one other time Wayne invited me because it was Wayne, and he was a friend. I have been around Wayne when he was drinking and even had too much and I can only say this, I never saw Wayne get cross or sideways with anyone. He was a big dude. He didn’t have anything to prove. I saw Chris one time and he seemed wound tighter than dick’s hat band and not the kind of guy I would ever wanna be around. If you play music professionally, if you play in and out of bars on a regular basis, you’re gonna have friends with “issues”. But violent tendencies is the one issue I can’t tolerate so I don’t have friends with that issue. I just hope the NVPD does a thorough investigation and doesn’t chalk this up as a “bar shooting”. They may uncover more that suggests Wayne was threatening Chris, but being drunk, being a big dude and arguing about whether or not he could smoke in the place doesn’t warrant a shot to the head. And, lastly, the fact that as his “friend” Wayne lay dying in a Vanderbilt hospital, Chris was at his club that very day, open for business when the media came by to interview him, I think that speaks volumes about the mental state of the man who shot Wayne.
November 25, 2013 @ 6:07 pm
I agree with everything you have said. I cannot believe Chris, (with that smug look on his face all the time) would shoot WAYNE?! Why?! I never saw Wayne act aggressive while drinking, in any of the many times I hung around him.
November 25, 2013 @ 1:11 pm
I predict something bad happening to Chris Ferrell. Just sayin’
November 25, 2013 @ 7:44 pm
Do friends…really shoot friends?
November 26, 2013 @ 11:00 am
As a country music writer for Angry Country and The Bama, I interviewed Wayne Mills on several occasions. I found the singer to be one of the nicest artists that I ever met; he was more than willing to stop and speak with a fellow Alabamian and talk about his music and the band.
I really do not care what scenario this Chris Ferell guy gives; he shot a man for no good reason. No matter how angry you get, over a stupid cigarette, this is NOT just cause for shooting a “friend” in the head. If he was a true friend; wouldn’t he have been at Wayne’s side the entire time? Stating how sorry he was? NOT returning to his bar like nothing happened… disgusting!
With that said, guns should not be in a bar at all – period! Alcohol and guns do not mix; people do stupid things under the influence. Clearly; Ferell is not a person who should ever have had a gun! If you cannot control your temper or be responsible with a gun; you should not own one!
November 26, 2013 @ 11:18 am
I just want to clarify here, because I see that some people are getting hung up on the “friend” word used in this article. What is meant by “friend” is that the two men knew each other, and were hanging out with each other before the incident as has been corroborated during the investigation. Obviously “friends” don’t usually shoot each other in the head, and that goes without saying. But the point is these weren’t two random people at a bar that got into an altercation, or two people who had just met that night, etc. These two men WERE friends, they knew each other, even if they weren’t close, or best buds, etc. This is a very important dynamic to the story and the investigation that is worth noting.
December 4, 2013 @ 7:54 pm
How can a GSW to the back of the head be in self defense? If Wayne had cleaned Ferrell’s clock and was walking off, that’s not self defense-it’s revenge.
December 5, 2013 @ 2:50 am
Sounds similar to pro wrestling. I did that for 18 years and can count the good owners on one hand.