Family of man shot, killed by undercover officer demands action

The grieving family of a man shot to death by an undercover Atlanta police officer in Midtown last month says the officer was too quick to fire his weapon — especially since he wasn’t in uniform.

James Wilborn Jr., 35, was killed Oct. 25 when the officer intervened in what he believed was a road-rage incident outside Wilborn’s apartment building, authorities said.

Attorney Minkah Merritt, who represents Wilborn’s family, said Wilborn’s ex-girlfriend repeatedly rammed his car when he returned to his complex with another woman.

ExploreGBI: Driver involved in road-rage incident fatally shot by Atlanta officer

“James Wilborn Jr. was being stalked by his ex-girlfriend,” Merritt said Thursday. “That had been going on for weeks and that had pretty much gone on all day that day.”

The ex-girlfriend spotted Wilborn pulling into his parking garage about 8 p.m. as he got home from a date and crashed her car into his “four or five times,” Merritt said. She then jumped onto the hood of his car before getting an object out of her vehicle and climbing back onto the roof, he said.

“She was trying to pull the sunroof off while hitting the car with the object,” Merritt said, adding she was “going berserk.” It’s unclear exactly what she had in her hands.

Wilborn accelerated, causing the 30-year-old woman to fall off his car, Merritt said.

Wilborn got out of his vehicle and was quickly confronted by Officer Jordan Hill, who had been working a plainclothes assignment near the intersection of West Peachtree and 16th streets, according to Atlanta police.

Cellphone video taken by Wilborn’s passenger appears to show him throwing several punches at the officer before being shot once and falling to the ground.

“As the officer approached the vehicle, an altercation ensued with the driver causing the officer to fire his weapon,” the department said in a statement. “Based upon our initial review of this incident, it appears the officer was working an undercover detail with proper protocols in place. During the detail, the officer came upon a rapidly evolving situation and intervened.”

Both the GBI and Atlanta Police Department are investigating, and Hill is on leave pending the outcome of those investigations, officials said. Wilborn’s parents plan to sue the police department, their attorney said.

“I just want justice for my baby,” said Wilborn’s mother, Gladys Lyons, her voice breaking. “That’s all I want.”

Merritt said it’s unclear if Hill identified himself as a police officer when he approached Wilborn with his gun drawn. The 27-second video appears to show Hill saying, “I don’t want to hurt you,” as Wilborn swings at him several times in front of his sedan.

Wilborn’s date can be heard screaming from the front passenger seat as the gunshot blast rings out, but her cellphone video only shows a portion of the deadly encounter. Wilborn was unarmed at the time, according to his family.

James Wilborn Sr. said he’s watched the footage more than 200 times and still can’t understand why his son had to die. He described James Jr. as a hard-working music producer who adored his family and had a “heart of gold.”

Wilborn’s parents hope Fulton County District Attorney Fani Willis brings charges against both the officer and the ex-girlfriend. For now, they have to get through Thanksgiving and Christmas without their son.

“We’re all hurting,” James Wilborn Sr. said. “This shouldn’t have happened. It didn’t have to be this way.”

Credit: Family photo

Credit: Family photo

Because the plainclothes officer was wearing a hoodie instead of a uniform, Wilborn may not have realized he was an officer, Merritt said.

“My client is confused. He’s just been attacked. He gets out of his car and this person runs up to him with a gun,” Merritt said. “There were so many other options there. He could have Tased him if he needed to or simply waited for backup.”

The family also said the police department was “totally incorrect” in labeling the initial encounter a road rage incident, contending their son was just defending himself.

Wilborn’s death marked the 96th police shooting investigated by the GBI this year. There have been seven since, bringing this year’s total to 103. There were 100 across the state in 2021.

“If he knew that was a police officer, he would not have fought or anything,” said Jamie Wilborn, James Wilborn Jr.’s sister. “It was dark, it was rainy. He was just scared for his life. You could see it in his face.”

Jamie Wilborn noted that while her brother didn’t have children, he helped look after her daughter. When his niece started college at Georgia Southern University this year, he made sure she had books, clothes and whatever else she needed.

“We were always real close,” said Jamie Wilborn, who was two years older than her brother. “He helped me take of my daughter like she was his own. He did everything for her.”

After the shooting James Wilborn Jr. and the ex-girlfriend were taken to the hospital, where he was pronounced dead. The ex-girlfriend, initially listed in critical condition, remained in the hospital this week, according to police.