Gwinnett police officer charged with DUI

By Mike Morris and Andria Simmons

The Atlanta Journal-Constitution

Jody Ahlfinger wasn't prepared to see the face of the woman who killed two of her family members so soon again in the news.

Gwinnett County Police Officer Lyndsey Perry, who was recently cleared in the fatal shooting of Ahfinger's elderly mother and sister, made headlines again Monday. She was arrested in Hall County over the weekend on drunken driving charges.

Ahlfinger said Tuesday that Perry's arrest was jarring, and her behavior "makes you wonder how this person can make the right choices in a life or death situation."

A state trooper pulled over Perry about 2:15 a.m. Saturday for speeding on Ga. 13 at Friendship Road, according to Georgia State Patrol spokesman Gordy Wright.

He said Perry, who was driving her personal vehicle, had an odor of alcohol on her breath. She was taken to the Hall County Sheriff's Office, where she declined to take a breath test. Refusing to take a Breathalyzer test results in the immediate suspension of one's Georgia driver's license.

An internal investigation into the shooting of 74-year-old Barbara Baker and her daughter, Penny Schwartz, 51, concluded that the officer acted justifiably in self-defense.

On July 21, 2009, Perry was dispatched to Baker's home in Duluth. The dispatcher told Perry that Schwartz was threatening to commit suicide by pills.

Perry told investigators that Baker invited her into the house and immediately warned, "My daughter has a gun and she is going to shoot you; you have to shoot her."

Moments later, Perry heard Schwartz coming down the stairs, cursing and calling out, "Are they there? Are they there yet?"

Schwartz came around a corner with a revolver trained on the officer. Perry opened fire, discharging five rounds and striking both Schwartz and Baker.

Ahlfinger, who lives in Suwanee, said she still harbors doubts about the officer's version of events. Particularly Baker's warning to the cop, "you have to shoot her." That statement doesn't make sense, because Baker called 911 to get her daughter help, Ahlfinger said.

"My mom could have left Penny in the room to shoot herself, she didn't need the police to come and shoot her," Ahlfinger said.

Gwinnett police spokesman Officer Brian Kelly said Perry has been transferred off active duty to an administrative position, pending the outcome of the DUI investigation.