Pubdate: Thu, 17 Dec 2009
Source: Toccoa Record, The (GA)
Copyright: 2009 The Toccoa Record
Contact:  http://www.thetoccoarecord.com/
Details: http://www.mapinc.org/media/5073
Author: Todd Truelove
Bookmark: http://www.mapinc.org/people/Jonathan+Ayers
Bookmark: http://www.mapinc.org/find?246 (Policing - United States - News)

GRAND JURY BEGINS AYERS CASE

A Stephens County Grand Jury on Wednesday continued its deliberations
concerning evidence related to the shooting death of an area pastor by law
enforcement officers.

As of press time yesterday (Wednesday) no decision had been announced.

Jonathan Ayers, pastor of Shoal Creek Baptist Church near Lavonia, was
shot on Sept. 1 in Toccoa near the intersection of Broad and Currahee
streets by officers working for the Mountain Judicial Circuit Narcotics
Criminal Investigation and Suppression (NCIS) team.

Law enforcement officials have said Ayers was not a suspect in the
investigation which was probing allegations of drugs and prostitution in
the Broad-Currahee neighborhood.

Mountain Judicial Circuit district attorney Brian Rickman is presenting a
report to the grand jury compiled by the Georgia Bureau of Investigation.

Rickman is asking the grand jury to determine, among other things, whether
the use of lethal force by law enforcement officers was justified in the
incident.

However, the victim's widow, Abby Ayers, issued a statement last week
through her attorney expressing disappointment that the current grand
jury's inquiry into the incident does not appear to include a decision on
whether to indict the officer.

"I understand that a first grand jury will be asked to consider the case
and to give an advisory opinion on whether a second grand jury should be
asked to receive evidence and decide whether to return any criminal
indictments against the shooter and others responsible for Jonathan's
death," the statement read.

Abby Ayers is being represented by the law firm of Myers and Stroberg in
Gainesville. The statement was sent to media outlets by attorney Roland H.
Stroberg.

Under Georgia law, section 17-7-52, grand juries cannot indict law
enforcement officers for crimes alleged to have occurred while performing
their duties unless notified first by the district attorney.

Rickman declined to elaborate on specifics of the case, but issued a
statement in response to Ayers' statement.

"The grand jury will be asked to determine whether the officer's use of
lethal force was justified under Georgia law and if not, whether criminal
charges are supported by the evidence and Georgia law," stated Rickman's
release.

Rickman, in an interview late last week, said grand juries in general have
a broad authority and can request additional inquiries if so desired.

"In general terms, a grand jury is also an investigative body," he said.

Members of the Ayers family were present at the Stephens County Government
Building on Tuesday when the grand jury began its deliberations.

Grand jury proceedings are not open to the public.
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