Nightclub slaying: Security guard ‘not guilty’ on all charges
CLARKSVILLE, Tenn. August 22 2020 Tony Carl Bristol, 33, admitted to a Montgomery County jury that he shot two men, killing one, after being confronted and threatened at a nightclub, and the jury acquitted him based on his testimony of self-defense.
Bristol, 33, was charged with one count of first-degree murder, one count of attempted first-degree murder, two counts of aggravated assault, one count of convicted felon going armed, and two counts of possession of a firearm in commission of a dangerous felony for the slaying of Kenneth Harris, 33, who was shot and killed outside of Callee’s Too on Aug. 6, 2017.
Following a four-day trial in Judge William Goodman’s court, the jury found Bristol not guilty on all charges.
The jury did not hear or deliberate on the “convicted felon going armed” charge. Following the acquittal, Bristol entered a guilty plea to that charge.
A sentencing hearing is scheduled for Oct. 14.
As the verdict was read, Priscilla Johnson, the mother of Kenneth Harris, became overcome with emotion and left the courtroom with her husband. The two mothers of Kenneth Harris’ children wept and held hands.
“This was not justice,” Kenneth Harris’ mother said, as she sat outside the courtroom being consoled.
Bristol testified that both men had confronted him over family issues involving his brother, Derrick who was the father of two of Lisa Harris’ children. Kenneth Harris was married to Lisa Harris at the time of his death.
Bristol told the jury, while he was at work as a security guard, Andrell Harris threatened him and his mother. Bristol said he shot Andrell Harris in the back of his legs and then shot Kenneth Harris in the stomach to subdue him, but didn’t mean to kill him.
Bristol said he was in fear for his life and shot in self-defense, thinking the men had guns.
The jury began deliberating at 1:30 p.m. and reached a verdict at about 6 p.m.
“We are very appreciative of the jury listening to the evidence and properly applying the law,” said Chase Smith, Bristol’s defense attorney. “It was a difficult four days for everyone involved, but the right verdict was reached.”
4 points in the defense’s case
Chase Smith, Bristol’s attorney, said the state’s case was based on a 30-second video and not the entire situation.
“Would we judge a whole movie by a 30-second clip? No. Look at the entire body of work before giving it fair judgment,” Smith said. “The state’s only showing small portions.”
- Where’s Andrell Harris? Smith asked the jury why they didn’t hear from Andrell Harris. “He hasn’t told you he’s a victim. He didn’t even bother to show up. He didn’t come here. Where is he?” Smith said.
He also asked the jury why they didn’t see the state present forensics such as blood tests, ballistics, etc. and mentioned that a video from inside the club was deleted. He also questioned why the 911 calls from the night of the shootings were not presented. “They don’t care because they got this video,” he said.
- Imminent danger: Smith said that after being threatened, Bristol tried to leave. “He was at work and he believed he was in imminent danger of death,” Smith said. “It’s what he believed. It’s what’s real, honest and reasonable. All the facts and circumstances lead to it. The 30-second video doesn’t show everything, he said. Smith also pointed out an empty holster was found in Andrell Harris’ car, proving he was armed and that Harris yelled for someone to get his gun, following the shooting. He said Bristol was not there to kill the men.
“Threats and words matter,” Smith said.
DSC_9027Chase Smith, defense attorney for Tony Bristol points to laws projected on the wall during closing arguments.
- Truthful testimony: Smith said Bristol took the stand and told the truth about the events of the night.
“Mr. Bristol had a gun and fired those shots, and we haven’t hid anything,” Smith said. “The state didn’t prove their burden.”
- Self-defense: Smith said Bristol believed that Andrell Harris and Kenneth Harris came to the club, which they were rarely seen at, with “bad intentions.” And, after confronting Bristol multiple times, they threatened to shoot him and his mother, Monique Slaughter. Slaughter testified she was “terrified” by the threats being made.
“They say it’s words or smack talk, but this tells you words do matter in self-defense,” Smith said, pointing to the self-defense language. “He’s not guilty if its self-defense.”
Five points in the state’s case
- The video: The biggest piece of evidence in the state’s case was a surveillance video showing what happened a few seconds before the shooting. The video, which didn’t have audio but was explained by multiple witnesses, showed Andrell Harris gesturing, Tony Bristol walking past him with a jacket on and the men bumping into each other. Kenneth Harris was standing with a group of men near a car. Kenneth Harris walks towards the club entrance. Gunshots happen. Everyone runs. Kenneth Harris is seen stumbling and crouching as he makes his way towards the back of a car. Tony Bristol is seen running in the direction of Kenneth Harris at the back of the car.
“Nothing you heard justifies what you saw with your own eyes, for words alone; he pulled a gun and pulled the trigger,” Assistant District Attorney John Stephens said. “The defendant admitted he shot both men multiple times and thought he missed Kenneth Harris so shot him again to neutralize him.”
- Premeditated: Stephens said there was time for reflection and judgment.
“There’s 11 seconds that go by and Andrell Harris has his back turned to Tony Bristol. Andrell Harris did not have a gun. He was shot with his back to Tony Bristol. He was shot twice,” Stephens said.
- Intentional: Stephens said Bristol intentionally armed himself with a gun and decided to shoot the men.
“Mr. Jemison testified he watched this man’s face go blank and his eyes go black,” Stephens said, pointing at Bristol. “He had 11 seconds to think about what he’s about to do. When you take a gun and shoot a bullet into a human being and you do it multiple times, you increase the chance of death.”
Helen Young, Assistant District attorney, address the jury during closing arguments.John Stephen, assistant district attorney, addressed the jury during closing arguments.
- Just words: Stephens said both state and defense witnesses testified Andrell “AJ” Harris was trash talking Bristol and his mother before the shooting.
“This was not self-defense,” Stephens said. “These men were unarmed. … He fired into these men multiple times for using words. Are words alone enough to neutralize Kenneth Harris?”
Assistant District Attorney Helen Young concluded by asking the jury even if everything Tony Bristol said was true, “So what? Does that give you the right to shoot and kill someone?” she said. “It doesn’t justify self-defense. Nothing (the defense witnesses) said justifies murder. There was no imminent danger of his life.”
- Victim MIA: While Andrell Harris did not show to testify as a state witness, the state explained that he’s been MIA and unwilling to participate. During a brief hearing during the trial, they revealed they tracked him to Florida, but weren’t able to make contact or subpoena him to court.
“It’d be nice if he was here,” Young said. “The crime is against the state of Tennessee, the peace and dignity of the state of Tennessee.”
Clarksville Now