The decision was reached after a review and legal analysis of the Tennessee Bureau of Investigation’s report in the death of 38-year-old Toby Bailey on Oct. 3, 2018, at his residence in the 5300 block of Stage Road in Bartlett.
During a standoff, Bailey refused to come out of the house and fired at officers several times. He also threatened to kill his wife or police officers if they tried to enter. Shortly after a SWAT team entered, more gunshots were heard and officers reported “one suspect is down.”
Bailey’s body was in a small pantry near the kitchen, with a pistol at his feet. Officers said he alternately had been pointing the pistol at them and at his own head, and ignored their commands to drop the weapon.
An autopsy showed that Bailey sustained gunshot wounds to the chest, fired by officers, as well as a contact gunshot wound to the head fired by Bailey himself. Both were fatal. His blood-alcohol content was .165.
The medical examiner said the possibility that the head and chest wounds were inflicted simultaneously “cannot be entirely excluded.” The manner of death – homicide or suicide - could not be determined conclusively, but suicide is more likely, the report said.
The TBI report and Gen. Weirich’s summary letter to Bartlett Police can be found here. Redactions have been made in accordance with Tennessee law and privacy standards.