Officer thought woman he shot had a gun

Brookville police officer Frank Graci shot Ashley Sides three times while believing she had a gun and just after fellow officer Henry Edds had been hit by gunfire, according to court documents.

A sentencing memorandum written by the attorney for Conrad Davis describes the chaotic shootout at a Brookville Speedway gas station Oct. 31, 2016 that left Sides dead and Edds shot in his left arm.

RELATED: Chief says officers violated no policy

Brookville officers learned that Sides, 31, of Cookeville, Tenn., was not holding a gun but instead had other items, according to the memo. Davis fired the shot that hit Edds and later tearfully apologized as he walked to jail.

A Montgomery County Prosecutor’s spokesman said attorneys will be filing their own sentencing memorandum in the case that disputes the version put forth by his attorney. The spokesman said the memo would be filed later today.

Referencing investigation reports, the memo said a third Brookville officer showed up when Graci was administering emergency medical care to Edds, who was losing blood quickly. The memo said Graci noticed Sides lift her head and turn towards them.

“Officer Graci shouted that ‘she still has a gun,’ ” the memo said. “Officer (Mark) Miller responded by grabbing her arms from behind, revealing a black cloth pouch and a cell phone.”

RELATED: Cruiser cam footage released

Brookville police Chief Doug Jerome has said his officers acted properly given the circumstances. Reached Friday, Jerome said it would be inappropriate to comment until he’s seen the full investigative file done by the Montgomery County Sheriff’s Office.

Both officers were cleared of criminal conduct by a Montgomery County grand jury. Jerome said both officers are still on paid leave and Edds continues to recover.

For more details on what happened in this officer involved shooting, click here.