Lawyers for the family of a man fatally shot Tuesday by officers attempting to serve him with an arrest warrant disputed Smyrna police’s account of the incident and called for the GBI to investigate.

Attorney Robert Bozeman said Thursday that Nicholas Thomas, 25, was bringing a customer’s Maserati up to the service dock at the Goodyear on Cumberland Parkway where he worked when a large contingent of officers from the Smyrna and Cobb police departments converged. Police said Thomas had allegedly violated his probation for aggravated assault against a police officer.

While acknowledging Thomas attempted to flee the scene co-counsel Mawuli Davis said there was nowhere for him to go because police had blocked the exit. Davis said witnesses have contacted his office stating, “(Police) did not have to shoot (Thomas).”

But according to police, Thomas was driving recklessly while speeding toward them and they feared for their lives.

Smyrna police Sgt. E.R. Cason said one officer fired into the Maserati and the vehicle came to a stop. Officers ordered Thomas out of the car, but there was no response, Cason said.

Davis noted that the shots were fired as Thomas was passing the officers.

“Cars can’t move right to left,” he said. “If you can step out of the way to avoid injury, is your life still in danger.”

Bozeman said Cobb police shouldn’t be entrusted to investigate the shooting since they were a part of the operation. Cobb had officers on the scene as back-up but never fired their weapons, Cobb police Sgt. Dana Pierce said.

A more complete version of this story will be posted later this afternoon on myajc.com.

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