Pubdate: Fri, 17 Sep 2010
Source: Augusta Chronicle, The (GA)
Copyright: 2010 The Augusta Chronicle
Contact: http://chronicle.augusta.com/help/contact
Website: http://chronicle.augusta.com/
Details: http://www.mapinc.org/media/31
Author: Sandy Hodson

NO CHARGE IN POLICE SHOOTING

Drug Suspect Backed Vehicle Toward Officer

Three Richmond County narcotics officers who shot and killed a man 
last fall will not face criminal charges.

The Richmond County grand jury returned a "no bill" indictment 
against investigators Phillip Hambrick, Jason Saal and Mike Swint on 
Friday afternoon.

The three were involved in the Nov. 17 shooting of 30-year-old 
Michael Nestor on Ohio Avenue in west Augusta.

District Attorney Ashley Wright presented the case and offered the 
grand jury members -- on their last day of service -- the possibility 
of indicting the officers on a charge of murder. The jury also could 
have returned an indictment charging a lesser crime, such as manslaughter.

Sheriff Ronnie Strength said late Friday afternoon that his office 
felt confident the officers would be vindicated. He said he was 
pleased with the grand jury's results.

According to initial reports after the shooting, the investigators 
had been looking for Nestor for weeks and intended to arrest him on 
illegal drug charges.

The officers reported that they got a tip that Nestor was at his home 
and was moving out with his belongings. They went to arrest him about 9 p.m.

Nestor was sitting in his vehicle when the officers approached on foot.

The officers said they began firing after Nestor backed his 
Oldsmobile toward Saal.

Nestor was the fifth officer-related shooting from November 2008 
through November 2009. Four were fatal.

The Georgia Bureau of Investigation is called on to investigate all 
such shootings. Its investigations have never led to criminal charges 
against an officer in at least 15 years.

The GBI is currently investigating the Sept. 6 fatal shooting of 
22-year-old Kevin B. Pao in Augusta.

According to initial reports, Deputy Walter Garrison shot Pao outside 
Five Guys Burgers and Fries at 2805 Washington Road in the early 
evening after responding to a call about disorderly conduct.

Pao, of Rockville, Md., was said to have been bathing in the 
restaurant's restroom.

Garrison escorted Pao out of the restaurant and shot him during a 
struggle in the parking lot, reports said.

A GBI agent said Pao had been reaching for a semiautomatic handgun 
that was in a bag he was carrying.

Pao's body was found in the back seat of Garrison's patrol car.

Sidebar:

Nestor Shooting

BACKGROUND: Narcotics officers Phillip Hambrick, Jason Saal and Mike 
Swint had been watching Michael C. Nestor for about a month in 2009. 
He was wanted on several drug charges, including possession of 
methamphetamine with intent to distribute and possession of methadone.

Developments: - Oct. 20, 2009: Officers raided Nestor's home, finding 
drugs, weapons and two surveillance cameras.

- - Oct. 26: Arrest warrants were issued for Nestor, but investigators 
were unable to locate him.

- - Nov. 17: At 9 p.m., the officers reported that they received a tip 
and went to Nestor's home at 1918 Ohio Ave. to arrest him. Nestor was 
in the driver's seat of his Oldsmobile when officers approached him 
on foot. Officers said Nestor tried to back over Saal, and that's 
when they began firing. Nestor was hit in the left arm and neck, but 
his vehicle traveled 200 yards before he abandoned it and collapsed 
in someone's yard.

- - Nov. 18: Hambrick, Saal and Swint were placed on desk duty after 
the incident, which was the second fatal shooting involving Richmond 
County sheriff's officers in two weeks.

- - Friday: The Richmond County grand jury decided not to indict 
Hambrick, Saal or Swint on murder charges.

- -- From staff reports
- ---
MAP posted-by: Keith Brilhart