Ga. High Court Refuses to Toss Indictment Against Ex-Officer
Since the shooting happened before the state's amended grand jury rules took effect, James Burns argued he should have had the right to be present during the presentation of evidence to the grand jury and to make a statement without being cross-examined.
March 09, 2022 at 12:31 PM
4 minute read
Georgia's highest court Tuesday affirmed a lower court decision that declined to quash the indictment of a former Atlanta police officer who's charged with murder in the shooting death of a 22-year-old man who was driving out of an apartment complex.
Former officer James Burns argued the grand jury proceedings that led to his indictment in 2018 should have been held under rules in effect when the shooting happened. Those rules allowed a police officer accused of a crime to sit in on grand jury proceedings and to make a statement without being questioned. A law curtailing officers' special grand jury privileges went into effect less than two weeks after the shooting and the Georgia Supreme Court said it was proper to use the amended rules.
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