Gun Discharge Suit Begins Against Metro Police Officer

By Dulce Torres Guzman, Tennessee Lookout

February 23, 2022

On Tuesday, a federal lawsuit started against a Metro Nashville police officer, who accidentally discharged a gun during a domestic call in 2017.

On Sept. 29, 2017, Cedric Adams was home in a heated argument with his then-fianceé, Ashley Smith. The couple had an 18-month-old child together.

At around 4 a.m. Officer Nick Diamond was dispatched to the couple’s home after 911 operators received calls from Smith. Diamond knocked and announced his presence, and upon hearing no answer, he forcibly entered the home. In the commotion his service weapon discharged, nearly hitting Adams and Smith.

Adams said that he had gone to open the door but had not known an officer was present because Diamond had parked at the wrong address. Adams put his hands up before the gun fired once, and while no one was seriously injured, Adams stated he found bullet holes on his clothes and believed that Diamond had acted with excessive force and disregarded his and his family’s lives.

Adam filed a federal lawsuit against Diamond on Sept. 28, 2018, for emotional damages and trauma. His case precedes the creation of the Community Oversight Board, which voters approved by a large margin in November 2018.

Lawyers for Cedric Adams say Officer Nick Diamond fired his service weapon intentionally during a domestic call at Adams’ home. Diamond's attorneys say the incident was accidental.

Diamond was present during Tuesday’s proceedings and his lawyers said that he had reason to believe Smith was being assaulted. Diamond heard arguing and then forcibly opened the door after hearing no response and knowing there was a child in the house.

Adams said there was no physical violence between him and his fiance.

His lawyers say Diamond’s actions were intentional because the officer did not acknowledge the accidental discharge.

Diamond was later exonerated for entering the home but received a three-day suspension and training for the gun incident.

“This is a case of accidental discharge of a police officer’s gun. It’s not a complicated case. The question that you will be asked to answer is not a complicated question. Did the defendant, Officer Nick Diamond, intentionally discharge his weapon?” said Diamond’s lawyer, John Ayers.

“The simplest explanation that you will hear over the next couple of days is that Officer Diamond’s gun went off accidentally,” he added.

Under Metro Nashville Police Department rules, officers may conduct a search of a vehicle or building if they have reason to believe it is necessary to save lives, prevent property damage or injury, but they must have reasonable grounds to believe there is an emergency and an immediate need for their assistance, according to MNPD spokesperson Kristin Mumford.

Lawyers for both the plaintiff and defendant argued over whether the weapon’s discharge was accidental and whether Diamond had used excessive force upon entering the home.

Judge Aleta A. Trauger said the case could take several days before a conclusion is reached.

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