Nashville police internal affairs investigators say an officer who fatally shot a man in an East Nashville public housing complex in February should be exonerated of wrongdoing.

A 20-page report from the Metro Nashville Police Department, which was made public Thursday, says Officer Joshua Lippert acted in self-defense when he fired three rounds killing 31-year-old Jocques S. Clemmons on Feb. 10.

Later Thursday, Davidson County District Attorney General Glenn Funk announced he would not seek charges against Lippert. He and his office questioned aspects of the police department's investigation, though, pointing to some that he said showed bias.

Related:Nashville DA: No charges for police officer in fatal shooting

The police department’s internal affairs investigation says that Lippert opened fire after Clemmons refused to drop a gun.

“Refusing to obey the commands, Mr. Clemmons turned clockwise away from Officer Lippert to run away, looked back over his [Clemmons’] left shoulder, and raised the gun up about waist high in Officer Lippert’s direction,” the report reads. Lippert then shot Clemmons three times.

The report also says Lippert was justified in putting Clemmons’ gun in his own pocket after the shooting. Though department policy says officers should not remove evidence from a crime scene, Lippert was justified because he needed to preserve his life and Clemmons could have used the firearm if it was not removed, the report says.

The Office of Professional Accountability report is a recommendation to Police Chief Steve Anderson, who has ultimate decision on whether an officer should be disciplined. The department’s shooting review board also is reviewing the report.

A new witness details what happened

The report reveals that a woman who lives in the James A. Cayce Homes said she saw the altercation between Lippert and Clemmons. She was interviewed Feb. 13 by police detectives investigating the shooting.

The woman was in her vehicle, getting ready to return to work about 12:30 p.m., the report states.

She noticed two people run by in her rearview mirror. At first, she thought the two were just children playing, but then she realized it was a police officer and a man.

She saw the officer throw the man to the ground, the report states.

Although her windows were not down, she said she could hear Lippert shouting commands to Clemmons to stop and put his hands up several times.

She said she saw Clemmons resisting Lippert. The officer told Clemmons to stay down.

Clemmons got back up and ran in the opposite direction, the report states.

As Clemmons stumbled, the witness said she saw his gun fall. She said the gun was silver and black.

She said Lippert then tried to kick the gun, but Clemmons reached down and grabbed it. She said she saw Clemmons put the gun in a pocket, but she was unsure which pocket.

Then Clemmons continued to run, she said. Lippert told him to “stop” and “put his hands up,” but she says Clemmons did not.

The witness says she was turned to her left looking at the altercation, but after Clemmons picked up the gun and started running she lost sight of them.

Within five seconds, she said, she heard three gunshots. The report says the witness told investigators “she did not see the actual shooting because they ran out of her view.”

After hearing the shots, she told investigators, she got out of her car. The officer was still screaming at the man to put his hands up.

The witness said “it took all Mr. Clemmons had to put his hands out,” according to the report.

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The officer’s account of what happened

Detectives first interviewed Lippert about four hours after the shooting.

At the time of the interview, Lippert had not yet seen surveillance video of the shooting, the report says.

Lippert told police he saw Clemmons immediately grab an item in his waistband as Clemmons got out of the SUV.

Lippert also said he drew his Taser during the confrontation with Clemmons but did not use it because he was trying to use the minimum force necessary.

But there was a struggle, according to Lippert, and a gun fell from Clemmons onto the ground. “Don’t go for it! Don’t go for it,” Lippert yelled, according to the report, trying to kick the firearm away from Clemmons.

But Clemmons grabbed the gun, according to Lippert, who told investigators he and Clemmons made eye contact.

“Officer Lippert explained Mr. Clemmons’ appearance as, ‘it’s me or you look in his eye,’ ” the report says.

The report says after the shooting, Lippert went to help Clemmons, who was going in and out of consciousness.

“Officer Lippert stated he grabbed ahold of Mr. Clemmons’ hand and tried talking to him, ‘Stay with me. What’s your name?’ He stated he was trying to render aid or some kind of comfort to Mr. Clemmons,” the report says.

Clemmons was taken by ambulance to a hospital, where he died in surgery.

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Reach Stacey Barchenger at 615-726-8968 or sbarchenger@tennessean.com and on Twitter @sbarchenger.