Man killed by Georgia deputy was unarmed, running away, lawsuit alleges

The parents of a man killed by a Spalding County deputy two years ago say their son was unarmed and running away when he was shot four times.
In a federal lawsuit filed Wednesday, the family of Michael Antonio Cobb Jr. called the fatal shooting “unlawful” and accused the local sheriff’s office of failing to adequately train its employees on chasing and apprehending unarmed suspects.
The 23-year-old was killed Dec. 10, 2023, after authorities were called to a shooting at a Griffin-area home. Cobb was staying there with his girlfriend and two others when he and another man got in a fight that escalated to gunfire, according to the complaint.
Both men were gone by the time deputies arrived, but the lawsuit said police spotted multiple types of shell casings at the home. They were also told by several witnesses along Lakeview Street that there were two shooters.
There were bullet holes inside the house, and neighbors described it as “a full-blown shootout,” according to the complaint.
The other man eventually returned to the home, telling deputies he was unarmed during the fight and that he escaped in fear for his life, according to the lawsuit.
Cobb’s family said Lt. Michael Storey took the man at his word and relayed that information to other deputies who were still searching for the 23-year-old in the neighborhood.
A short time later, Cobb was spotted running down the road. Deputies chased after him, along with a police K-9, according to the complaint. Cobb was redirected back toward the house and hopped a chain-link fence to evade police, his family said.
According to the lawsuit, the deputy pulled out his gun and ordered Cobb to stop running, saying that “he would shoot him if he continued toward the house.”
But Cobb’s family alleges the lieutenant never saw a weapon or witnessed the man make any threatening movements before opening fire.
“In fact, at the time of this encounter, Lt. Storey observed decedent’s hands and knew that they were empty before he fired the deadly shots,” the lawsuit alleges.
Cobb was struck four times and died at the scene. His death marked the 100th police shooting investigated by the GBI in 2023.

In the family’s ante litem notice sent to Spalding County, attorney Gabe Banks called it a “bad shoot” with “bad optics.”
“I would be remiss if I did not mention the bad optics of this case,” Banks wrote. “... another unarmed black man is shot and killed at the hands of law enforcement officials.”
Cobb, he said, was killed without ever getting the opportunity to give his version of what led to the initial shooting that night.
“The evidence suggested there was more to the situation than what officers were told,” Banks wrote.
The legal notice accuses the deputies of acting negligently and contends that negligence resulted in Cobb’s death. The attorney also told county officials Cobb’s family is willing to settle the case for $5 million.
A spokesperson for the Spalding County Sheriff’s Office did not immediately return calls or emails requesting comment on the lawsuit. The Atlanta Journal-Constitution has also reached out to the district attorney’s office to see if its investigation into the fatal police shooting has been closed.



