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The Covenant documents hearing starts this week. But what has happened in the case?

Posted at 9:53 AM, Apr 15, 2024
and last updated 2024-04-16 07:25:26-04

NASHVILLE, Tenn. (WTVF) — A year after the mass shooting at The Covenant School, a judge will hear the parties in a lawsuit on whether to release the shooter's documents to the public.

This case started last May and has not gone without its complications. The hearing starts April 16 in the Davidson County Chancery Court in front of Judge I'Ashea L. Myles.

The fight about who can speak as a party in the case has consumed this public records case from the outset. Those petitioning for the records didn't want anyone from The Covenant School, church or families to speak before the court.

Here is who is part of the suit:

  1. Tennessee Firearms Association
  2. The Tennessean newspapers
  3. Star Digital Media - The Tennessee Star
  4. Sen. Todd Gardenhire, R-Chattanooga
  5. National Police Association

More than 100 families affected by The Covenant School mass shooting said they don't want any of the documents released.

Covenant families reasoned they didn't want the documents to traumatize their families further. Those petitioning for the records said the public deserves to know what the shooter was thinking prior to March 27.

I have followed this case since filing one. I broke down by timestamp what has happened in this case since the shooting. This case hinges on the Tennessee Public Records Act, and what should and shouldn't be public records.

NewsChannel 5 does not have and has never seen the shooter's writings. We have repeatedly requested their release as part of a public records request.

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Just after 10 a.m., a shooter entered The Covenant School and killed six people — three students and three staff members.

Police killed the shooter.

On the day of the shooting, police recovered journals and documents from the shooter's car, which was parked in the lot at the school.

The shooter fired more than 150 rounds during the 14-minute mass shooting.

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Authorities cataloged 47 items they took from the shooter's home, where they found guns, a suicide note, journals and more.

Police said the shooter had several journals planning to shoot the school and had been planning the attack for several months.

Police found maps of the school inside the suspect's home and surveillance. The shooter had written a document related to the shooting.

Here is the document-related evidence they seized:

  • 14 home videos
  • 20 journals
  • suicide note
  • passwords on sticky notes
  • Three folders on school shootings and firearms courses
  • The Covenant School photo with five yearbooks from the Covenant
  • External hard drive
  • Notes written by the shooter
  • Memoir
  • 2023 planner
  • Psych folder with medical information
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Tennessee Bureau of Investigation director David Rausch talked about the contents of the documents from the shooter.

Rausch said what police found isn't so much a manifesto spelling out a target but a series of rambling writings indicating no clear motive.

From what Raush said, the material finds that the killer did not write about specific political, religious or social issues. In fact, a primary focus in the journals is on idolizing those who committed prior school shootings.

The TBI explained that the shooter planned to attack The Covenant School for months.

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The Tennessee Firearms Association sued for the documents related to The Covenant School shooting.

At that point, police hadn't released any of the documents and denied open records request — including one from us here at NewsChannel 5. Metro said it denied those records because it was part of an open investigation.

The TFA was ultimately not alone when suing for the documents.

Here is who is part of the suit:

  1. Tennessee Firearms Association
  2. The Tennessean newspapers
  3. Star Digital Media - The Tennessee Star
  4. Sen. Todd Gardenhire, R-Chattanooga
  5. National Police Association
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Parents of The Covenant School victims and surviving students filed a motion asking for no release of the shooter's documents, even redacted versions to the public.

The suit represents 75% of families associated with The Covenant School.

Parents argued that releasing the documents would put the school at a safety and traumatize their families.

First Amendment lawyers and public records advocates have told me and my colleagues at NewsChannel 5 that regardless of the lawsuits, the status of the record is that those writings are open to evaluation because the Metro didn't show any indication they planned to charge someone with a crime. A 1980s Supreme Court decision dealing with the Memphis Police Department said records remain open to the public even during an active investigation if the police aren't actively charging an individual.

Despite that, the records never became public while the lawsuit has been ongoing.

Eventually, the school and church filed motions as well.

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It was a surprising move. But the attorney for the parents of the shooter told the court the family would like to hand over all rights and ownership of the shooter's writings to the children of the school.

Attorney David Raybin — who is representing the shooter's parents — argued the shooter's writings are the property of the parents and they should get to decide what happens to them.

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Whether the Covenant parents and school can intervene in the public records case for the shooter's documents went to the Tennessee Court of Appeals.

The families, the school and the church wanted to have a say in whether the documents should be released to the public.

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Three images of The Covenant School documents were leaked online through a conservative show streaming online.

The leaked images of the Covenant school shooter's writings were in notebooks. One of the pictures appears to show a gloved hand holding the notebook. Another image shows a Metro Nashville Police SUV in the background.

Two of the images show different pieces of notebook paper titled "Death Day."

One of the pages laid out what appears to be a schedule for the shooter. But the times don't match up with what actually happened on March 27. One of the sticky notes on the schedule included the note of a lunchtime. The other page titled "Death Day" had a drawing of a gun pointing at a target at the top of the page.

The shooter's writings are hate-filled and graphic. One part says: "I'm a little nervous but excited too. Been excited for the past 2 weeks." It goes on to say, "Can't believe I'm doing this, but I'm ready. I hope my victims aren't." It goes on to say, "God let my wrath take over my anxiety." The writings say the shooter hopes for a high death count.

No one currently employed with Metro was responsible for the leak.

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After months, an opinion by a three-judge panel ruled The Covenant School families had the ability to speak in court on whether documents written by the mass shooter should go public.

The writings — still in possession of Metro Legal — would go into the newly established Covenant Children's Trust. Metro Legal Director Wally Dietz said the documents were given to his department before they were placed into the court system.

Because of that, the case went back to the Davidson County Chancery Court before Judge I'Ashea L. Myles.