An off-duty Memphis police officer who fatally shot a man during a child custody exchange had initially flunked out of the police academy.

Marshall D. Smith failed to earn the minimum score on an academy test in 2008. The Commercial Appeal reports he also had two excessive force complaints filed against him in 2012 and 2015, according to Internal Affairs records.

No charges were filed against him in those incidents.

Smith has been on leave with pay since he fatally shot Luis Soto, 29, last Sunday.

Tennessee Bureau of Investigation authorities said Smith was accompanying his fiancee to drop off the woman's 4-year-old daughter with the girl's father. A fight broke out and authorities say Smith shot and killed Soto.

Smith, age 36, has been a police officer with Memphis since 2009.