This is an update on the earlier police incident which was noted in this diary post a few days ago in which an Atlanta police officer allegedly responding to an incident involving a person breaking into cars in an apartment parking lot shot an unarmed black person driving out of the compound in the head, killing him. Atlanta PD Internal Affairs fired James Burns for this incident, and now comes word that he has been charged with the murder of Devaris Caine Rogers.
Burns is being held without bond and is scheduled to appear before a judge Monday, Fulton County sheriff’s spokeswoman Tracy Flanagan said. He faces one count each of felony murder and aggravated assault with a deadly weapon and two counts of violation of his oath of office. An attorney for Burns did not return requests for comment.
The warrant, which was issued Friday by Fulton County District Attorney Paul Howard, was unusual for an officer-involved shooting because prosecutors typically wait until a grand jury meets to weigh the evidence. This case may also be one of the first to test a law that took effect earlier this month that curtails special grand jury privilleges Georgia law gave officers, such as the ability to testify without cross-examination.