Thread: Shelbyman, TN man shot by police while "Celebrating&quo

Shelbyville family says man was celebrating

By LEON ALLIGOOD
Staff Writer


SHELBYVILLE, Tenn. — Fermin Estrada, 47, is dead, shot once in the face. A bullet fired by a Shelbyville city policeman killed him. No one questions those facts.

But the scenario leading to his death in the back yard of the family's brick home on Cedar River Road remains under investigation by the Tennessee Bureau of Investigation.




According to Estrada's relatives and friends who witnessed Saturday's shooting, the police officer fired without warning and without provocation from Estrada. At most, they say, Estrada was guilty of firing a gun into the ground, a traditional way of celebrating in his native Mexico.

But Officer James Wilkerson told his superiors and the Tennessee Bureau of Investigation that the grocer fired his .45-caliber pistol in the direction of Wilkerson and another officer before the policeman fired his rifle.

TBI spokeswoman Jennifer Johnson said yesterday afternoon that it is routine for the state agency to become involved in the investigation of a shooting by a law enforcement officer.

"Right now all I can say is that we will conduct a thorough investigation,'' Johnson said.

Yesterday, the stunned Estrada family greeted dozens of friends and family as they mourned their loss.

"Man, this just shouldn't have never happened,'' said William Estrada, 24, one of the dead man's five children.

According to the younger Estrada, the family was hosting several friends and family members of Fermin Estrada's girlfriend. Most of them lived in Dalton, Ga., and had come up for the weekend, the highlight of which was an afternoon barbecue. Several Shelbyville friends had been invited, too.

About 4 p.m., as meat sizzled on the grill and the families chatted in the back yard, Fermin Estrada, the owner of a popular market here, decided to show off his 15 acres to several visitors.

"It was something he was very proud of, to be able to buy this land,'' said William Estrada, a burly young man, built very much like his father.

Fermin Estrada and two or three other men began walking through the woods behind the house. One of the visitors, Rafael de la Paz, recounted the walk to the southern edge of the Estrada property, which abuts a row of homes on Cedar River Road.

"He was just showing us the size of his land,'' said de la Paz through an interpreter.

William Estrada said it was not unusual for his father to carry a .45-caliber pistol with him when he was at home. The son said his father had a state permit to carry the weapon and had taken a gun-safety class. This information could not be corroborated last night.

A path leads from the rear of the wooded acreage into the back yard. The tour ended where the path petered out, about 20 yards from where the family gathered outside. According to de la Paz and the son, the elder Estrada took out his pistol and fired three or four times into the ground as the group neared the end of the trail.

"It's typical for us Hispanics to fire your weapon to celebrate. Of course, we're not in Mexico anymore, but it's our property. We weren't bothering nobody. Everybody was having fun,'' William Estrada said. He said firing a gun into the ground would have been a traditional celebratory act for his father, who is from the Mexican state of Guerrero.

Unknown to the group, however, Shelbyville police had been alerted that an armed man was in the woods behind homes on Cedar River Road. This is what the Estradas said they were told by police in the aftermath of the shooting. Who alerted police and how the caller knew Estrada was armed is not clear. Shelbyville Police Chief Austin Swing could not be reached for comment yesterday.

De la Paz said Fermin Estrada kept the gun in his pocket until the group was circling back to the house on the trail. Only when the house was in sight did he discharge his weapon into the ground.

The group in the back yard saw the policemen first.

"My father had his back to them. When he turned around to face the officers, they shot him in the head, and he stumbled to the ground," he said.

The younger Estrada said he ran to his father's side.

"It was bad. He had been hit in the eye. There was a lot of blood. I knew he was dying. The only good thing about this is that I don't think he felt a thing,'' the son said.

As the policemen approached, the Estradas said the officers kept their guns trained on them. William Estrada realized he knew both of the policemen.

"I mean we weren't friends or anything, but I knew them, I knew who they were. I asked Wilkerson why he shot my father. They said they felt threatened because my dad had fired back. There's a God above us, and he knows my dad didn't do that,'' the son said.

"Why didn't they shout out to him to put down the gun or shoot him in the foot? He just shot first."

Both de la Paz, who was standing next to the senior Estrada, and William Estrada, who said he had an unobstructed view of his father from the house, said the market owner neither fired his pistol at the officers nor raised it in their direction.

The senior Estrada came to Shelbyville with his family in 1978. He was in the country legally and had operated Tienda Mexicana Paty, a small Hispanic marketplace, near downtown Shelbyville for 11 years, his family said.

"My dad had worked so hard to make that store a success. He did not owe any money except for the house,'' said William Estrada, nodding toward the 2-year-old, five-bedroom brick home, which is perched on a small rise. Behind him stood a simple cross made of scrap two-by-fours. Several candles burned in front of the makeshift memorial to the deceased.

"He loved it here. I loved it here, too. There was no place else I wanted to be. I felt safe here. All of that has disappeared for me. I don't feel safe here anymore."


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I have a feeling that another cop is going to come out on the dirty end of the stick. Why does anyone need to carry a pistol in their pocket, regardless of whether it is licensed or not if they don't have something they feel they need to protect. If the son felt so safe, could it be because they lived on a cartel-style compound and they all carried guns?

There is a lot more to this story than meets the eye. But I fear for the cops.

Quite a stupid thing to do and within the city limits. I'm afraid that the City is in for a world of trouble. Remember the story of the police lady and the dog. She got 10 years. I still can't believe it.

"Why didn't they shout out to him to put down the gun or shoot him in the foot? He just shot first."

I can't imagine any policeman shooting somebody in the foot when his life is threatened.

I think that the Estradas have a case.

The father would have had a need for protection to take the daily receipts to the bank. It is possible that as well as conducting a retail store Mr. Estrada may have also had a check cashing and remittance service.

There are things that Mr. Estrada could have done in hind sight like notifying the police that he was discharging his gun on his own property ahead of time.

"It's typical for us Hispanics to fire your weapon to celebrate. Of course, we're not in Mexico anymore, but it's our property. We weren't bothering nobody. Everybody was having fun,'' William Estrada said. He said firing a gun into the ground would have been a traditional celebratory act for his father, who is from the Mexican state of Guerrero.

Oh, well, it was their property. They definitely were in the right since they weren't bothering anyone.

Someone must have heard gunfire and called the cops. I'm not saying the cops were right, but you're not in Mexico and you can't do whatever you want on your property.