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Family of man allegedly killed by off-duty Atlanta cop outraged he's still employed

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Published  October 14, 2024 7:21pm EDT
Atlanta Police Department
FOX 5 Atlanta

Atlanta officer who killed man on paid leave

The mother of 38-year-old Devon Anderson was infuriated when she learned Atlanta Officer Melvin Potter was out on paid leave after shooting and killing her son. Valerie Anderson wants to know why he has not been fired.

The Brief

    • Off-duty Atlanta Police Officer Melvin Potter remains on payroll after fatally shooting Devon Anderson, as the city awaits GBI's investigation.
    • The victim's family and activists claim the city is unfairly protecting the officer.
    • Potter, on probation for DUI, refused a blood draw after the incident; hospitals and jail did not honor related search warrants.
    • The victim’s mother vows to continue seeking justice, planning to address concerns at an upcoming Fulton County Board of Commissioners meeting.

ATLANTA - Loved ones of a man who investigators say was shot and killed by an off-duty Atlanta police officer want him behind bars, but on Monday city officials said he's still on their payroll.

"He’s not being held accountable for anything. Anything," said Valerie Anderson, the victim’s mother. "He’s playing the system, and he’s doing it very well."

South Fulton Police say APD Officer Melvin Potter shot 38-year-old Devon Anderson outside a bar in early August.

Devon Anderson

On Monday, Anderson's family showed up to the Atlanta City Council's public safety committee meeting looking for answers.

The city said Potter will not be terminated or have his pay stopped until the Georgia Bureau of Investigation (GBI) completes its findings. 

However, Anderson’s family believes the city is protecting one of its own.

"He’s at home, drawing a salary. This is completely unacceptable and sends a message to the public that law enforcement and the general public operate by separate rules," said community activist Devon Barrington-Ward.

Atlanta Police Officer Melvin Potter

Potter was already on probation in Coweta County for a DUI at the time. 

Investigators say Potter refused a blood draw on the morning of Anderson's death, and both Grady Memorial Hospital and the Fulton County Jail did not comply with search warrants for his blood.

He has been charged with obstruction for refusing the blood test at the scene, but South Fulton police turned the homicide investigation over to the GBI. So far, he has not faced any other charges.

"The Atlanta Police Department did not author the search warrant, nor did they serve it," said Deputy Chief Jason Smith of the Atlanta Police at the meeting. "So I can’t speak to the contents of it or Grady’s reaction to it."

Devon Anderson hugs his mother, Valerie. (Photo submitted by family)

It remains unclear why Grady Memorial Hospital and the Fulton County Jail did not comply with the search warrants. 

Calls to both institutions went unanswered on Monday, which was a holiday.

"APD is using the GBI’s investigation as a scapegoat for them not engaging in their administrative investigation under the personnel issue," Barrington-Ward said.

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Devon Anderson's mother, Valerie.

Valerie Anderson remains determined to seek justice for her son. "Melvin took my son senselessly. I’m going to get justice for him no matter how long it takes," she said.

They plan to take their questions about the jail to the next Fulton County Board of Commissioners meeting.