Out of Bounds Bar Padlocked as a Public Nuisance


South Precinct officers and the District Attorney’s Office today shutdown and padlocked a Murfreesboro Pike bar that has become a regular source of fighting, quarreling, assaults and breaches of the peace, as well as a real headache for neighboring businesses and residents.

Out of Bounds Bar & Grill, 1211 Murfreesboro Pike, has been declared a public nuisance in a temporary injunction and padlocking order issued today by Criminal Court Judge Mark Fishburn. Judge Fishburn’s order provides that the business be closed and padlocked and prohibits the operators of the bar, brothers Gardner Lewis Dixon and James Andrew Dixon, from entering onto the property until a hearing is held on June 8th.

An investigation led by the South Precinct’s Crime Suppression Unit revealed that between January 1, 2010 and May 6, 2011, officers responded to a total of 187 calls at the bar. During the time that the current owners have been in control of the location (September 2005 to the present) there have been more than 580 police calls. The most recent serious incident occurred in the early morning hours of May 6th when Out of Bounds patron Jordan Gardner was shot to death during a robbery across the street from the bar.

Other notable incidents include:

· January 24, 2010—a victim was robbed a gunpoint in the parking lot of Out of Bounds as he exited his vehicle. The victim stated he first noticed the suspect standing in front the business when he pulled into the parking lot.

· February 14, 2010—Club security at Out of Bounds called police to report that there was a large crowd forming outside the business at closing time. The caller also stated that he observed several guns amongst the patrons who were causing the disturbance. It took police approximately an hour to quell the disorderly crowd and restore order.

· February 28, 2010—Rhonda and Jason Jennings were sitting in their vehicle at Fat Moe’s which is located across the street from Out of Bounds. They had been at the club, but parked there vehicle in Fat Moe’s parking lot because the lot for the club was full. A suspect approached their vehicle, pulled a gun, and demanded money.

* April 16, 2010—a couple was robbed at gunpoint when they exited Out of Bounds and walked across the street to their car. The suspect was detained by club security and had a loaded 9mm pistol which he threw under a car when club security approached. The suspect also threw a bag of cocaine into some bushes. The suspect was charged with aggravated robbery. The suspect, Kendrick Eubanks, a convicted felon, had been drinking at the club prior to the incident.
* May 23, 2010—club security at Out of Bounds called police due to several people fighting and a large crowd gathering. The caller advised the dispatcher that they needed help immediately due to the large crowd forming.
* June 13, 2010—security at the club called for police assistance due to a fight between several female patrons at the club. Security advised that they had 4 suspects in custody but needed the police to respond because there were still several people fighting and a large crowd was starting to form which security was unable to properly handle.
* June 20, 2010—police were called to Out of Bounds due to a person being shot in the parking lot of the club. The victim was shot in the back by an assailant for reason(s) unknown.
* July 16, 2010—police were dispatched to Out of Bounds regarding a fight call. The text of the call stated that a random male black subject assaulted the complainant’s sister. The suspect was not apprehended.
* July 25, 2010—police were dispatched to Out of Bounds regarding a robbery that had reportedly just occurred. Once Officers arrived on scene, the victim stated that two male white suspects pulled up behind the location at 1211 Murfreesboro Rd. One of the suspects exited the vehicle and pointed a pistol at the victim and demanded money. The victim did not have any money, so the suspects tried to take the victim’s cell phone. The suspects decided not to take the cell, then fled the scene southbound on Murfreesboro Rd.
* August 8, 2010—officers were dispatched to Out of Bounds regarding a fight call. Upon arrival, Officers learned that a female had been assaulted by a male suspect. Security guards escorted the suspect out of the nightclub. Club security used chemical spray to subdue the suspect.
* September 6, 2010—MPD officers Robert Davenport and Chris Turner were driving through the parking lot of Out of Bounds when they noticed Timothy Chaffin acting disorderly. Club security advised the officer that he had been ejected from the club for possessing a firearm inside the premises, though this had not been reported to police. Timothy Chaffin was observed by the officers throwing down a baggie with oxycodone tablets inside it. Chaffin was arrested and was also found to be in possession of 5.7 grams of powder cocaine. When questioned about the weapon, Mr. Chaffin admitted that he paid a club security guard $20 to bring the gun inside the club. There were photographs in Mr. Chaffin’s possession that were taken inside the club which show him holding the gun. The photographs were turned in at the property room.
* October 1, 2010—at approximately 0216 hrs, club security at Out of Bounds called dispatch to advise that 25-30 people were fighting outside, in the parking lot, as the club was closing. The caller advised that 3 club security guards were attempting to break up the fights and disperse the crowd, but the crowd was refusing to leave. Club security was unable to control the unruly crowd and requested police assistance.
* December 26, 2010—at approximately 0154 hrs, complainant called dispatch to advise that a fight had broken out inside Out of Bounds between a male and a female. Around the same time, another person also called dispatch and advised that 6 subjects were also fighting. Two people were taken into custody as a result of the incident. One of the individuals was arrested for disorderly conduct.
* January 9, 2011—at approximately 0216 hrs, a neighbor in the area called dispatch and advised that loud music was coming from a subject on a microphone at Out of Bounds. The caller also stated a male black was outside firing shots in the air. The investigating officer was sitting across the street with his blue lights activated when he heard one gunshot that came from the back parking lot of the club. Club security advised the officer that following an argument over a cell phone, the subject fired a shot into the air so that he could post it on You-Tube. After firing the shot, the subject went back to the front of the location but was not located. There are two residential apartment complexes adjacent to the club.
* January 13, 2011—caller stated that multiple subjects were involved in a fight at Out of Bounds. Club Security at the location took several subjects into custody and requested police respond to the scene due to the altercation.
* January 16, 2011—a 35 year-old female was assaulted at Out of Bounds. The victim sustained a laceration and NFD ambulance had to be called to the scene to treat her.

· February 4, 2011—at 2:20 a.m., Derrell McClain was arrested by Police Officer James Reese for unlawful possession of a weapon, unlawful possession of a weapon while intoxicated, and for theft of property over $500 but less than $1000. Mr. McClain was stopped by security while trying to enter Out Of Bounds. Club security guards located an HK .45 cal pistol on his person. Mr. McClain was extremely intoxicated at the time of his arrest. Officer Reese checked the gun that Mr. McClain had on his person for stolen records. The gun did come back confirmed stolen out of Tuscaloosa, AL.

* February 13, 2011—Kenneth Smith, Jr. was shot in the upper back at Out of Bounds. The suspect was detained by club security. The suspect had two handguns in his possession, a .380 and a .22 caliber. The .22 caliber was found to be a stolen handgun. The suspect, Broderick Leggs, was charged with aggravated assault with a deadly weapon, possession of a firearm where alcoholic beverages are sold, and theft of property.
* March 3, 2011—police were called to Out of Bounds due to a fight. The caller stated that the owner of the club had been smacked by a female black and security had a few people involved in custody but had not been able to get the female that had smacked the owner into custody. Security called back before police arrival stating that they had taken five persons into custody and needed police assistance.
* March 5, 2011—Officer Vixay Sengkhounmany was on a traffic stop in front of Out of Bounds. The officer heard gunshots coming from the rear of the club. About the same time, he was flagged down by witnesses who observed a patron being thrown out of the club pull out a gun and fire into the air. There were numerous patrons inside the bar and in the parking lot when this occurred. Officer Sengkhounmany located and arrested Marvin Henderson for Possession of a firearm.
* March 18, 2011—MPD received a call stating that there had been someone shot in the parking lot of Out Of Bounds. The caller stated that the 33yr old victim had been shot in the foot and that the shooter was still possibly in the woods located just behind the night club. The responding officers arrived to find the victim in the back parking lot surrounded by club security tending to his bleeding foot until EMS arrival. The victim of the shooting was transported to Vanderbilt Hospital for further treatment.
* March 31, 2011—Detective Alex Moore was in the parking lot of Out of Bounds and spoke with two individuals. During the conversation in the parking lot, they they had come to the parking lot to purchase narcotics. Both of the subjects were issued citations for criminal trespassing.

· April 29, 2011—at 1030 pm Clement Fleming was arrested by MPD Police Officers William Morgan & Thomas Spence for Possession of a Controlled Substance and Possession of Drug Paraphernalia. Officers noticed the vehicle that Mr. Fleming was seated in parked in a parking spot at Out Of Bounds. Upon making contact with Mr. Fleming, officers could smell a strong odor of marijuana coming from his vehicle. A search of Mr. Flemings vehicle revealed marijuana and rolling papers inside the vehicle. a marijuana joint and rolling papers inside of his vehicle.

· May 6, 2011—around 0230 hrs, MPD was called to Out of Bounds in relation to a person that was shot. When officers arrived, the victim was pronounced dead my NFD paramedics and was not transported. The victim was with his friend at Out of Bounds. As the victim left the club with other patrons, two m/b subjects approached the victim and told them he still owned them. A struggle ensured, and the smaller of the two subjects shot the victim.

· May 13, 2011—MPD Officer James Williams was dispatched to Vanderbilt Hospital to investigate an aggravated assault case. While there, Officer Williams met with Erica Turner (victim) who stated that she and her friend were at Out of Bounds when the suspects in this case took her cousin’s wallet. Her cousin then took one of the suspect’s cell phones in retaliation. After this altercation occurred, the suspects in this case were kicked out of the bar. When Ms. Turner was leaving the bar at around 0215 hours, she was attacked in the parking lot of the club by the two suspects. One of the suspects hit her with a liquor bottle and the other suspect struck her with a broken beer bottle. The strike from the broken beer bottle caused a deep laceration to Ms. Turner’s forehead. Ms. Turner was transported to and treated at Vanderbilt Hospital.

Numerous business owners, operators of properties, and residents located or living near to 1211 Murfreesboro Road (Out of Bounds) report the following facts and information about the business:

Murfreesboro Road Liquor & Wines, 1187 Murfreesboro Road

Stated that frequently, especially on weekend nights, the patrons of Out Of Bounds park their vehicles in the parking lot of the liquor store and refuse to move them when asked. She also stated that she sees some of the patrons committing what she believes to be drug deals in her parking lot prior to going inside Out of Bounds. The patrons of Out Of Bounds are extremely loud and disruptive when they come into her business and she has had to ask many of them to leave the store. She has found her parking lot trashed with paper and broken bottles on numerous occasions when she comes into work on Friday, Saturday, and Sunday mornings.

Mapco, 1189 Murfreesboro Road

Stated that due to the patrons coming over to his store after Out Of Bounds closes at 3 am he has had to shut down his store from 3 am to 4 am. He stated that he began locking his doors during this time in June 2010 and is forced to continue to do so. The business used to be in operation 24 hours a day. The reason why he has had to shut down his store during these times is because, on numerous occasions, the patrons from Out of Bounds would come into his store in mass numbers, grab everything they could get their hands on, and run out of the store without paying. There was only one clerk working at the store during those hours and the clerk was not able to control the large number of people entering the store. They have also had to shut down all of their gas pumps between these hours due to patrons from Out of Bounds coming to the gas station to get gas and either driving off without paying or staying parked in front of the pumps for more than an hour and refusing to leave. Prior to the manager locking the doors for one hour, patrons from Out of Bounds would come into the store and cause loud disturbances, leave their trash on the floor of the store and destroy the bathrooms by leaving trash all over the place and vomiting on the floors. The manager has had to put up “NO PARKING” signs in his parking lot to try to keep the patrons from Out of Bounds from parking in his parking lot. The patrons of Out of Bounds still continue to park in his lot and he has had to have numerous cars towed from his parking lot. The manager stated that the patrons from Out of Bounds still continue to parking in his lot between 3 a.m. and 4 a.m. and trash the parking lot and block the entrances and exits. He continuously finds broken bottles and papers all over his parking lot when the crowed leaves. He also stated that during the hours of operation for Out of Bounds, the music coming from there is extremely loud and they consistently have speakers outside of the business playing loud music. The night clerks from the store have also reported hearing multiple gunshots from the parking lot of Out of Bounds bar.

Wynterdown Apartments, 1199 Murfreesboro Road

Stated that the residents who live in the Q building are constantly complaining about what goes on at Out Of Bounds. The Q building runs parallel with Glengarry Drive and faces directly toward Out Of Bounds. She stated that about 10 residents from separate units complain about the loud noise coming from the location on bike night. They are kept up all hours of the night from the loud music coming from the location, and from all the noise from the motorcycles. The residents also complain that they constantly hear gunshots on the weekend coming from Out Of Bounds and are very afraid that a stray bullet could come into their apartments.

Glengarry Heights Apartments, 914 Winthorne Drive

Stated that she has 2 separate buildings that back up to the rear of Out Of Bounds. She has fielded numerous complaints from her residents in these 2 buildings about the fights that occur in the parking lot of the bar on a nightly basis. Tenants from these 2 buildings complain that they are kept up all hours of the night due to the loud noises and music coming from the bar and also from the patrons of the bar who hang around after the bar closes. She has had 4 separate residents break their leases and move out of the complex due to the constant loud noises coming from the bar, and for safety concerns because they are extremely scared that a stray bullet will come inside their apartments when all the shootings start happening at Out Of Bounds. The fence that separated their property from Out Of Bounds property has been broken and they have to repair it to keep the patrons from the bar off of their property. She stated that patrons from Out Of Bounds always run up onto their property whenever there is a fight that breaks out in the parking lot when the police are called to the bar. Many tenants frequently complain about the numerous gunshots that are heard coming from the bar parking lot and that they are extremely afraid of being shot living so close to Out Of Bounds. A Glengarry Heights maintenance worker lives in one of the buildings that is close to the bar and complained that he cannot sleep at night due to the loud noises coming from the bar ( fights, music, motorcycles, etc.). The property manager fields numerous complaints on a weekly basis about the goings on at the bar and how it is a burden to the quality of life for the residents of the property. The property manager was asked what is her number one complaint from residents living at her property. She stated it is always Out of Bounds.

Krystal, 1201 Murfreesboro Road

Stated that there is constant loud music and noise coming from Out Of Bounds every weekend night. The business constantly finds their parking lot littered with trash and broken bottles when they open on Friday, Saturday, and Sunday mornings. The inside of the business is closed after 11 pm but the drive thru remains open. The manager stated that patrons from Out Of Bounds will come through his drive thru extremely intoxicated and curse him for no reason at all.

Associated Pediatric Dentistry, 304 Glengarry Drive

Stated that they consistently find their parking lot littered with trash and broken bottles. The business has had to put up “NO PARKING SIGNS” in their parking lot to try to keep the Out Of Bounds patrons from parking in their lot. On multiple occasions the business has had to tow cars out of their parking lot that were left there from patrons of Out Of Bounds.

Fat Moe’s, 1216 Murfreesboro Pke,

Stated that there are a lot of people who park in his lot to go over to Out of Bounds. He stated that they park in his lot even when he asks them not to. He says that these individuals have tried to intimidate him and have yelled obscenities at him. He says he is afraid of his business being damaged by these people and that he does not press the issue for this fact.

Recently, police officers met with the owners/managers of Out of Bounds to ascertain whether they would take immediate steps to prevent their property from being operated as a disorderly business. The owners did not provide any assurances that they intended to change their operations in any manner.

“Seeking a padlocking order against a bar is not something that we take lightly and is, frankly, a last resort,” Chief Steve Anderson said. “It is clear that quality of life in the area of Out of Bounds is continuing to significantly suffer, making today’s action necessary.”

“We are aware of other businesses in Nashville that are on the verge of having problems similar to those of the Out of Bounds club. Today’s action should be a notice to them that they are expected to operate responsibly, safely and take into account any impact on their neighbors,” Anderson said.

The police department and District Attorney’s Office are committed to working with community groups in all parts of Nashville to help eliminate trouble spots of criminal activity.

###

Photo 1

South Precinct Commander Mike Alexander explains that a series of criminal incidents led to today’s padlocking of Out of Bounds Bar & Grill. With Alexander are Deputy Chief Todd Henry and State Representative Janis Sontany.

Photo 9

Commander Alexander answers media questions.

Photo 3

Representative Sontany said that she had received complaints about the business from constituients.

Photos 7 & 8

Out of Bounds Bar & Grill padlocked pending a court hearing.

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