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List of cases reviewed by grand jury


Published on: 03/28/08

The DeKalb special grand jury reviewed 31 cases:

15 fatal shootings, including 12 by DeKalb police and one each by federal agents, Atlanta police and Doraville police.

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• Two other suspects who were not shot but who died in custody, one each involving DeKalb and Chamblee police.

• Seven shootings in which suspects were injured, four by DeKalb police and one each in the jurisdictions of MARTA and Georgia Perimeter College and one by the federal Bureau of Alcohol, Tobacco and Firearms.

• Seven cases of DeKalb officers firing shots without hurting anyone.

The DeKalb County Police Department also conducted internal reviews of the cases involving its officers to determine if any policies were violated. Those cases were presented to the department's Internal Review Board. The results of those reviews were not disclosed to the public pending the grand jury review. For each of the fatal shootings involving the DeKalb department, this chart summarizes the initial police reports and public statements by police, the conclusion of the internal investigation, and the report of the special grand jury.

DEKALB POLICE DEPT FATAL CASES

Jan. 28, 2006

Location: 7625 Southlake Parkway, Jonesboro (Clayton County)

Suspect: James Joseph Bracey Jr., 19

Police report: Bracey, a suspect in a DeKalb home invasion, led police on a chase into Clayton County. He stopped his car, got out and dropped to his knees with two handguns pointed to his head. He pointed a gun at officers and fired once. DeKalb and Clayton officers returned fire.

Internal Review Board ruling: Justified.

Grand jury findings: Justified.

May 17, 2006

Location: 2000 Johnson Ferry Road

Suspect: Carroll Carter Oaks, 54

Police report: Oaks' girlfriend told officers he had a gun and was threatening to kill himself. Oaks got inside his SUV and refused to get out or show his hands. Police said he then made a sudden movement, as if to get a weapon, and moved toward Sgt. K.L. Anderson, who fired. A gun was found in the SUV.

Internal Review Board ruling: Justified.

Grand jury findings: Justified. Officers might have avoided the shooting had a Taser been available. The grand jury said Anderson should have recognized that Oaks was getting more agitated with the arrival of additional officers.

June 5, 2006

Location: 445 North Hairston Road

Suspect: Joseph Kitts, 54

Police report: Officer R.L. Knock, responding to a "trouble unknown" call, was fired on by Kitts. The officer returned fire.

Internal Review Board ruling: Justified.

Grand jury findings: Justified.

June 29, 2006

Location: 1075 North Hairston Road

Suspect: Lucas D. Palmer, 25

Officer killed: Dennis Stepnowski, 33

Police report: Two officers chased two drug suspects on foot through an apartment complex. One suspect turned and fired, killing Stepnowski. Officer T.J. Devoie shot and killed Palmer, who turned out to be a fugitive wanted for murder in Louisiana.

Internal Review Board ruling: Justified

Grand jury findings: Justified, but the shooting might have been avoided had officers used caution when Palmer disappeared around the corner of a building and stopped. Officer Devoie ran past the corner and Palmer fired at him. When Stepnowski rounded the corner, he found himself in a firefight with Palmer at a range of five feet.

Aug. 3, 2006

Location: 3450 Evans Road

Suspect: Deon Studiemyer, 19

Police report: Off-duty officer L.D. Thompson reported armed men broke into his apartment, where the officer and his 8-year-old son were sleeping. The officer said he awoke to see a man pointing a gun at him, and he drew his own weapon and fired.

Internal Review Board ruling: Justified.

Grand jury findings: Justified. The grand jury rejected claims by relatives that crime scene evidence suggested Studiemyer was shot outside and dragged inside. However, the grand jury recommended investigation of the medical examiner's handling of the case.

Aug. 15, 2006

Location: 4217 North Shallowford Road

Suspect: Larry B. Pitts, 23

Police report: A woman called 911 to report a man banging on her door and then firing a shot. An officer was able to put handcuffs on one of Pitts' wrists and two officers tried to hold him on the ground. But Pitts got to his feet. One officer then used pepper spray, and three officers struck him with batons, but he broke free and ran through the parking lot, with at least six officers keeping him surrounded. Officers again used batons, but Pitts still managed to run to his car and retrieve a gun. One officer said he saw a muzzle flash, and four officers then shot Pitts.

Internal Review Board ruling: Justified.

Grand jury findings: Justified, but officers created a cross-fire danger and investigators did not investigate whether enough pepper spray was used. The grand jury recommended further investigation of whether money was taken from the crime scene.

Aug. 22, 2006

Location: 3285 Deer Pause Lane

Suspect: Nigel Smith, 37

Police report: An officer stopped Smith's car for having possibly illegally tinted windows and then tried to arrest him for driving without a license. Smith ran, and after a foot chase officers used a baton and pepper spray to subdue him. He was treated by medics and "advised he was OK." But he then stopped breathing.

Internal Review Board ruling: Officers did not contribute to death.

Grand jury findings: Officers did not contribute to death. A Taser might have prevented the over-exertion that killed Smith. Police need a protocol for aiding suspects who have been pepper sprayed.

Aug. 24, 2006

Location: 3800 Flat Shoals Parkway

Suspect: Abraheem Muhammad, 36

Police report: An apartment manager told Officer L. Garrett there was a trespasser inside one unit. When the officer entered, a man pushed her against a wall and tried to get her weapon. The weapon discharged during the struggle.

Internal Review Board ruling: Either the suspect pulled the trigger to attempt to shoot officer, or the officer fired accidentally.

Grand jury findings: Justified, but Garrett should have waited for backup.

Sept. 2, 2006

Location: 6707 Millwood Lane

Suspect: Shakir Hanson Harris

Police report: Two DeKalb police officers working security for a bar heard shots fired. They saw a man run from the area and chased him. The man fired at one of the officers and ran into a drug store parking lot, where he turned and fired again. Officer J. Harris then shot him.

Internal Review Board ruling: Justified.

Grand jury findings: Justified. But the grand jury recommended further investigation of the medical examiner's handling of the case and accounting of money taken from the scene.

Sept. 12, 2006

Location: 5030 West Mountain Street

Suspect: Lorenzo Matthews, 21

Police report: Officers investigating an armed robbery about 3:30 a.m. were told the suspect was in an apartment. A man then ran out of the apartment. "It was very dimly lit, and he did have an object in his hand and made some sort of offensive gesture," as if to attack the officers, a spokesman said. Two officers fired. No weaon was found.

Internal Review Board ruling: Officer R.L. Knock justified. Officer T. Thompson not justified because he fired while Matthews was running away and again later in a foot chase when there was not a sufficient threat.

Grand jury findings: The grand jury was unable to reach a majority decision on Knock and so did not recommend further investigation of him. The grand jury found Thompson unjustified and recommended further investigation.

Oct. 3, 2006

Location: 1386 Ponce de Leon Ave.

Suspect: Tyron Longino, 23

Police report: DeKalb police pursued and surrounded a car taken in a fatal carjacking hours earlier in Atlanta. The driver opened fire. Officers returned fire, hitting Longino and his passenger. Longino also shot himself and the passenger.

Internal Review Board ruling: Justified.

Grand jury findings: Justified, but only one officer stopped to re-evaluate situation before emptying his weapon. The officers created a potential cross-fire.

Oct. 21, 2006

Location: 2219 Eagle's Nest Run

Suspect: David Lacroix, 21

Police report: Conyers police and FBI agents investigating a Conyers bank robbery, along with DeKalb officers, went to a DeKalb residence. Lacroix barricaded himself in a bedroom. When he came out, he started shooting at officers, and they returned fire.

Internal Review Board ruling: Three DeKalb officers justified.

Grand jury findings: Justified, but FBI Supervisory Special Agent Jeff Holmes was "seriously negligent" in controlling the scene, allowing Lacroix to sneak away and barricade himself after questioning began. Grand jury recommends district attorney notify FBI of the mistakes.

Nov. 13, 2006

Location: 6000 block of Hitt Lake Court

Suspect: Kalawaitie Budhai, 34

Police report: A man said his ex-wife had threatened to kill him and herself with a knife. Another officer saw a woman matching the description run into a nearby house. That officer went inside the house and confronted the woman in the kitchen, where he was joined by two other officers. One of the officers escorted out a child who was in the home. Two officers remained with the woman, who had a knife. An officer said he tried to use a chair to prevent the woman from charging the officers. She then moved toward the dining room, and Officer A. McKeithan blocked her path. "The female then charged at him with the kitchen knives when he discharged his weapon."

Internal Review Board ruling: Justified.

Grand jury findings: Justified.

OTHER FATAL CASES

Chamblee Police Department

July 21, 2006

Location: Chamblee jail

Suspect: Everado Hernandez.

Police report: A man who had been arrested walking down a roadway, apparently drunk, was later found dead in his cell.

Grand jury finding: Officers did not contribute to the death. Hernandez had a lethal blood-alcohol content. But jail staffing was below policy, preventing adequate cell checks.

FEDERAL AGENTS

Oct. 25, 2006

Location: Hillandale Park Apartments, Lithonia

Suspect: Youwus Vilpre, 24

Police report: Federal agents and a Cobb deputy on a muliti-agency task force went to the apartment about 4 a.m. to arrest Vilpre on weapons charges involving an alleged robbery crew in Florida. In the confrontation, agents used a Taser. Vilpre then emerged holding "something" in his hand, which he pointed at officers despite warnings. Officers then fired on Vilpre, killing him. The object in his hand turned out to be a shoe, officers said, but medical examiner investigators said they found only a sock.

Grand jury findings: Not justified. Further investigation recommended of deputy U.S. marshal Wendell Brock, Immigration and Customs Enforcement agent Lee Ford, Housing and Urban Development agent Shawn Rice and Cobb County deputy James Petrie.

Atlanta Police Department

Nov. 24, 2006

Location: 1231 Glenwood Ave. SE

Suspect: Alazeez Arrif Morrison, 25

Police report: An Atlanta officer stopped the car of a man suspected of robbing a post office. The man got out of the car and fired at the officer as well as an investigator who arrived at the scene. Both fired at Morrison.

Grand jury findings: Justified.

Doraville Police Department

Dec. 8, 2006

Location: Peachtree Industrial Boulevard just inside I-285

Suspect: Alston James Charles

Police report: A Doraville officer stopped a car for a seat belt violation and then called for a K-9 unit to check for drugs. The driver sped away and eluded police in a neighborhood. He then was spotted again and chased until he got stuck in heavy traffic. A passenger in the car then fired across several lanes of traffic. Police shot and killed the passenger.

Internal Affairs findings: Charles fired several shots at an officer and then fled on foot, exchanging fire with a second officer. Charles sprawled flat on an embankment, while the officers took cover behind a guardrail. When officers ordered Charles to show his hands, he "pressed" forward a fist. The officers, believing he might be again pointing his gun, fired. Both officers were found to be justified.

Grand jury findings: Justified. The grand jury praised Doraville police for proper supervision of the chase by a sergeant and for an internal affairs process which the panel said should be a model for the DeKalb County Police Department.

NON-FATAL CASES CRITICIZED BY GRAND JURY

June 8, 2006:

Location: 904 White Pine Drive

Police report: DeKalb Lt. B.C. Harris saw a muzzle flash and returned fire.

Internal Review Board finding: Board voted 5-4 that Harris was not justified because he did not have a proper target.

Grand jury findings: No further investigation because no one was hurt. But the panel suggested Harris, who had recently served in combat abroad, might have engaged in military-style "suppression fire" and recommended specific training for military veterans returning to police work.

June 21, 2006:

Location: Saratoga Apartments off Panthersville Road.

Suspect: Quentin Brown.

Police report: DeKalb Police Officer J.J. Rouseau and another officer pursued a suspected bank robbery getaway car to the entrance of an apartment complex. Fearing danger to children in the complex, Rousseau rammed the car. He said he saw two men in the car making quick movements, possibly reaching for a weapon. He fired six rounds, one striking Quentin Brown, who survived. No gun was found.

Internal review board: Justified, with one dissenting member saying Rousseau fired too soon.

Grand jury findings: Not justified. Grand jury recommends further criminal investigation.

Internal Review Board finding:

Grand jury findings: Not justified, recommend further investigation.

June 22, 2006:

Location: South Hairston Road

Suspect: Unknown.

Police report: Officer T.W. El-Amin and another officer had been drinking beer at a bar. Both officers then pursued a suspicious man in an SUV. El-Amin said he heard shots and fired three shots in return.

Internal Review Board finding: Not justified because El-Amin used a personal weapon which he had not gotten approved for police use. Officer suspended for 70 hours.

Grand jury findings: Not justified. Grand jury criticizes review board for not addressing apparent violations of pursuit policy and for not investigating how much the officers drank. "Officer El-Amin should have been terminated." No further investigation because no one was hurt.

July 3, 2006

Location: Brookhaven MARTA station.

Suspect: Casey Reed.

Police report: MARTA officer K. Sims grappled with a suspicious man outside a car. Eventually fell into car with him, where he tried to stab her with a screwdriver. She shot him once in the abdomen. He survived.

Internal affairs finding: Justified.

Grand jury findings: Justified, but Sims should not have kept her gun trained on the man rather than trying to grapple him with her other arm. "Officer Sims was not ready for the job of MARTA police officer." The grand jury criticized the MARTA internal affairs investigation and praised a GBI investigation.

Oct. 23, 2006

Location: Georgia Perimeter College

Suspect: Craig Goss.

Police report: Campus police officer Giaconda Lewis pursued a trespassing suspect off campus and said he fired when the suspect drove his car at him and he had no room to jump out of the way. Suspect was slightly injured.

Internal action: The college fired Lewis for pursuing the suspect off campus for a misdemeanor offense.

Grand jury findings: Justified, but agreed with firing officer.

Dec. 6, 2006

Location: 2792 Shallowford Road.

Police report: A hotel manager claimed someone was in a room without permission and had the door pried open. Officer D. Yarbro drew his gun and went in. He and others shined flashlights on a man in bed and ordered him to show his hands. When saw what appeared to be silver rectangular object. Yarbo fired and missed. The man dropped the object, which turned out to be a cell phone. The man was legally registered to be in the room.

Internal Review Board finding: Not justified. Grand jury recommends further investigation.

Grand jury findings: Not justified. Yarbo did not sound professional in his internal affairs interviews. Also, he missed his target, which was only 15 feet away, by at least 8 feet. "The special grand jury questions officer Yarbo's fitness for duty."

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