A Fulton County grand jury has charged former Atlanta police officer James Burns with felony murder for the fatal shooting of Deravis Caine Rogers.
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Burns was sacked from the Atlanta Police Department, but his attorney says he had to make a “two-second decision” and he is innocent.
Burns had just arrived at an apartment complex in northwest Atlanta to assist another officer when he got the call in June.
The Fusion, driven by Rogers, didn’t try to hit the officer and Burns was standing at the rear of his patrol vehicle, authorities have said.
“I shot at the vehicle who was trying to run me over and kill me, ” he told investigators a week after the incident.
However, an investigation of the incidence led Atlanta Police Chief George N. Turner to reject this version of events. Department spokesman Sgt. Warren Pickard told the Atlanta Journal-Constitution “The force used was ruled excessive because there was no obvious threat made toward the officer”. He initially told investigators Rogers tried to run him over with a auto, but an internal affairs investigation found Rogers posed no threat to Burns, and documents from the investigation indicate Burns was outside his patrol vehicle, took cover and shot into Rogers’ auto without knowing exactly who was inside.
The indictments came down late Wednesday afternoon, according to Fulton County District Attorney Paul Howard.
Findling said Burns shouted for Rogers to stop and, when Rogers did not, it caused the officer to fear for his life and he opened fire.
“It’s our hope that the grand jury will do the right thing and that he will be indicted”, said Mawuli Davis, an Atlanta attorney who helped organize the demonstration.
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Rogers’ family members and supporters held a 24-hour vigil outside the courthouse where the grand jury hearing was held on Wednesday.
