In a tragically unfolding story from Memphis, Tennessee, Luis Philipe Soto, a 29-year-old Hispanic man, lost his life on the evening of April 10, 2016. The fatal encounter took place at a Shell gas station on Getwell Road, a location that became the backdrop for a heated child custody exchange. Soto was meeting his ex-wife to return their four-year-old daughter.
Accompanying his ex-wife was her fiancé, who was later identified as 36-year-old off-duty Memphis police officer Marshall Smith.
The custody exchange, which family members described as unusually located away from the family home, escalated into a violent altercation. During the dispute, Officer Smith drew his weapon and fired, striking Soto. Emergency services were called to the scene, but Soto succumbed to his injuries. Investigators from the Tennessee Bureau of Investigation recovered a weapon near Soto's body, though it was not immediately clear if the weapon belonged to him or if it had been fired.
Following the shooting, the TBI conducted a thorough investigation into the circumstances surrounding Soto's death, a standard procedure for all officer-involved shootings in Shelby County. The case file, identified as TBI-ME-5U-000003, was handed over to the Shelby County District Attorney's Office for review. In February 2017, the District Attorney announced that no criminal charges would be filed against Officer Marshall Smith. The decision was based on the finding that Soto had drawn a gun without warning, and therefore, Officer Smith was justified in his use of deadly force.
In the aftermath of the criminal investigation, the parents of Luis Soto filed a civil lawsuit against the City of Memphis, Police Director Michael Rawlings, and Officer Marshall Smith. The lawsuit alleged wrongdoing in the death of their son. However, the case was ultimately dismissed by the court. Officer Smith was temporarily relieved of duty following the incident, a standard procedure in such cases.
