Atlanta 1993: Shots at Two Police Officers

On the night of November 1, 1993, shots were fired in Midtown Atlanta. Two white men were left injured-both struck in the buttocks and the abdomen, though not life-threateningly. When the police arrived, it turned out they were the brothers Mark and Scott Whitwell: two off-duty police officers from neighboring jurisdictions. Shortly afterward, Tupac was arrested at his hotel. The charge was two counts of aggravated assault.

For Tupac, the incident in the autumn of 1993 was proof that he had to defend himself against police arbitrariness. His critics saw it as proof that he shot at people. The sources support both only in part (an overview of all legal conflicts can be found under Tupac’s Legal Cases).

Two Versions of One Night

Tupac came that night (some sources give October 31 as the date) from a performance at Clark Atlanta University. There are two versions regarding the trigger of the shootout. The police stated at the time that Tupac’s car had nearly hit the Whitwell brothers, whereupon an argument escalated.

The counter-statement, cited by media such as BET and XXL, reads differently: The men had allegedly harassed a Black motorist, Tupac intervened, and one of the brothers opened fire. Tupac himself stated he had acted in self-defense. He was free again the very next day.

For Tupac, it was a tense time in the crosshairs of police and the justice system. The punch against director Allen Hughes and the incident in Michigan had happened just a few months earlier (see Other Cases). Moreover, the complaint in New York followed in November 1993.

The Charges Collapse

When the case was heard in court in Atlanta on December 1, 1993, the plaintiffs’ version quickly collapsed. Photos in the Atlanta Journal-Constitution archive show Tupac at this hearing. According to reports, even prosecution witnesses testified that Mark Whitwell had fired the first shot.

On the witness stand, Scott Whitwell admitted that he and his brother had been drinking. According to Wikipedia, he also admitted to carrying a weapon from a police department’s evidence room. According to one account, one of the brothers was even charged with making false statements to the police-however, this could not be confirmed by a second source.

Ultimately, the charges against Tupac were dropped-but that was only a part of the balance sheet for that year. According to Wikipedia, the prosecution withdrew all charges against both sides. A single source gives the autumn of 1995 as the timeframe and states that prosecutor Charles Hadaway had ruled self-defense. For lack of confirmation, however, this serves only as a pointer.

Civil Suits and a Default Judgment

The night had professional repercussions for the Whitwells. Mark Whitwell left the police force about seven months later. He filed a civil suit, which ended in an out-of-court settlement. His brother Scott demanded two million dollars in a separate civil suit.

Because nobody appeared for the hearing after Tupac’s death, a default judgment was entered against the estate in 1998. One source cites a sum of $210,000 for this, but the amount is not confirmed (Estate and Royalties).

A court never formally decided who fired the first shot that evening in Atlanta. The witness testimonies point to Mark Whitwell, and the files were closed without a guilty verdict. The remaining cases from this period are listed on the page Other Cases.