Ex-Atlanta police officer indicted in death of unarmed man

ATLANTA (AP) — A grand jury on Wednesday charged a white former Atlanta police officer with felony murder and other crimes in the death of an unarmed black man.

The Fulton County grand jury also indicted James Burns on charges of aggravated assault, making a false statement and two counts of violation of oath of office in the June 22 killing of 22-year-old Deravis Caine Rogers, according to defense attorney Drew Findling. Burns has been out on bond since his arrest.

Prosecutors said Burns fired into Rogers’ vehicle while responding to a call about a suspicious person, even though Burns wasn’t in danger and had no way to identify Rogers as the reported suspicious person.

Atlanta police Chief George Turner fired Burns July 1 after an internal investigation determined Burns used unnecessary and excessive force.

Burns responded after an off-duty officer working as a security officer at an Atlanta apartment complex called police dispatch to report a suspicious person, prosecutors have said. When Burns arrived, he tried to block a 2011 silver Ford Fusion that was leaving the complex.

The Fusion, driven by Rogers, didn’t try to hit the officer and Burns was standing at the rear of his patrol vehicle, authorities have said. They also said Burns had no information describing Rogers as a threat and no way to identify Rogers as the man the off-duty officer had reported.

But Burns fired one shot into the side of Rogers’ vehicle, hitting Rogers in the head, prosecutors have said.

Atlanta police Chief George Turner fired Burns on July 1 after an internal investigation determined Burns used unnecessary and excessive force.

Burns’ mother Melva Rogers last month filed a wrongful death lawsuit against Burns, Turner and the city. Burns violated Rogers’ civil rights by using excessive and deadly force and failing to grant him due process, the lawsuit says.