A Fulton County jury couldn’t agree on what to do Tuesday about a man accused of attempted murder in the shooting of a police officer.
After nearly two days of deliberation, the jury announced it could not reach a decision on most counts in the trial against Atibi Thomas, a DeKalb county merchant who shot an Atlanta police officer nearly three years ago because he says he mistook him for a robber.
Thomas had gotten into a gunfight with men he said tried to rob him in the West End neighborhood of Atlanta on May 29, 2010.
Police Officer Keith Roach, who was in full uniform and had just gotten off duty, was driving home in his SUV when he saw Thomas running and shooting a pistol.
When Roach intervened, Thomas at first submitted to the officer’s commands. But then, in an adrenalin- and fear-laden moment, Thomas said he leaped to the conclusion that the fully uniformed Roach was in league with the bandits.
Roach’s bullet-proof vest saved him from the three bullets Thomas fired from his .357-caliber Glock. Thomas ran out of ammunition before being subdued by witnesses who rescued Roach.
District Attorney Paul Howard immediately announced that his office would retry the case. Superior Court Judge Alford Dempsey warned prosecutors not to expect an early court date.
“If the state chooses to pursue it again, I’m not about to turn around and try it next week,” Dempsey said.
The case has taken nearly three years to get to trial — uncommon considering it involves the shooting of a police officer — in part because of its unusual nature. Thomas, now 32 and free on bond, has no criminal record and a college degree. Plus two men have been arrested in the alleged robbery attempt, including one suspect with a long rap sheet who had just been paroled and was wounded by Thomas.
Thomas is a key witness in that case, which has not yet come to trial. He has refused plea bargains in his own case, no matter how lenient, because he said he shot Roach by mistake and doesn’t want a felony conviction on his record.
The jury leaned heavily toward conviction on most counts of aggravated assault, but leaned toward acquittal on the charge of attempted murder, said prosecutor Yolanda Mack. In real terms, that wouldn’t matter much because the charges carry similar sentences. The jury acquitted Thomas on the charge of beating Roach with a handgun, which was supported by little evidence.
Defense lawyer David Wolfe called it a “mixed” verdict.
“We live to fight another day,” he said. “I’m pleased that Atibi and Officer Roach will be home tonight, sleeping in their beds safely.”
About the Author
