ATLANTA (CBS) – Fulton County District Attorney Paul Howard is refusing to drop murder charges against Atlanta police officer Tommy Atzert, even though a grand jury cleared the officer. Some now worry the DA’s decision may be “race-related.” The District Attorney’s office sent CBS46 a letter stating the murder case against Officer Atzert is considered open and could still be prosecuted. That has some seriously questioning the DA’s motives.
Ken Allen is the president of Atlanta’s largest police union and tells us, “I don’t understand the rationale of why we have a target on this particular officer on this particular incident.”
For several years, Allen has been the president of the International Brotherhood of Police Officers (IBPO), which represents 1200 Atlanta police officers. He was outraged when we told him Howard refused to drop murder charges against Atzert. Allen is now skeptical about Howard’s motives for continuing the case, especially since the DA failed to convince a Grand Jury to indict Atzert on the felony murder charge last week.
“I think it sends an absolute terrible message to the officers, not only for the city of Atlanta, but for everyone that polices in Fulton County,” Allen said.
Allen is also concerned about how this case could play out in a courtroom of public opinion. When asked whether he thought the district attorney was making this case about race, Allen responded, “I don’t know that he’s making it a racial issue, but we’re certainly seeing a lot of the media release the fact that we have a white officer and a black suspect that was involved in this.” Allen and others have also questioned why Howard decided to wait four years before holding the Grand Jury hearings. The shooting occurred in June 2011. Allen says this could indicate the Howard is making this case something other than a standard investigation into an officer-involved shooting. “We are a core of what might need to be looked at across the nation,” Allen said. “What I don’t like seeing is someone continually trying to stir the pot.”
Howard denied a CBS46 request for information about Atzert’s case. In a letter from Assistant District Attorney Arthur Walton, it states, “Public disclosure is not required in any pending investigation or prosecution of criminal unlawful activity.” It goes on to say Atzert’s file “is related to a continuing investigation and possible prosecution.”
“It’s disappointing that after providing all of that information to a Grand Jury of about twenty people, the DA still considers the matter open,” said Lance LaRusso, who is Atzert’s attorney. LaRusso says Atzert was already cleared by Atlanta police, the FBI and a judge who presided over a civil lawsuit filed by the suspect’s family. LaRusso says Atzert is a father, husband, son and a great officer. He hopes the Howard will drop the case, adding Atzert is a good officer and deserves to move forward. “He wanted to serve his community and he’s looking forward to getting back to serving his community,” LaRusso said.
Howard refused our requests for on-camera interview Friday. There is no word on what he plans to do with this case moving forward. Georgia state law allows district attorneys to present murder cases to a Grand Jury two separate times. Atzert’s attorney says this has only happened once in the past decade after the jurors requested a new hearing. Nearly a dozen additional felony charges the District Attorney filed against Atzert will expire on June 30 due to the state’s four year statute of limitations.
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Link to Report: DA refuses to drop murder charges against cop cleared by grand j – CBS46 News.
Investigative Reporter Mike Mason 