Former East Point officer guilty of murder, partner guilty of lesser charges
FULTON COUNTY, Ga. - A Fulton County jury has found one of the two former East Point police officers accused in the April 2014 tasing death of a man guilty.
Sergeant Marcus Eberhart and former corporal Howard Weems are accused of excessively using a stun gun on 24-year-old Gregory Towns leading to his death in April 2014.
VIDEO REPORT: Verdict for two former East Point officers
The jury found Eberhart guilty on all counts including felony murder. Weems was found not guilty of murder, but guilty on lesser charges including involuntary manslaughter, reckless conduct and oath of office violations.
Eberhart was taken into custody following the verdict. Weem remains free on bond until both men are sentenced Wednesday at 10 a.m.
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The two officers responded to a domestic dispute call at a townhome on Highwood Drive. Towns reportedly ran from officers and soon after was handcuffed. The prosecution argued that while handcuffed, the two officers told Towns to standup and to walk to the patrol car, but Towns said he couldn’t stand. That’s when the prosecution said the officers began using their stun guns on him repeatedly. Towns later died.
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Eberhart resigned a short time later from the East Point force and Weems was terminated.
The lead prosecutor said justice was served while an attorney for the defense said they plan to appeal the jury's decision.
“He did something in this case that should have never been done. So, it is important for our office to restore confidence in our criminal justice system to let people know that if you're doing the wrong thing that the system applies equally to everyone to police officers as well as civilian defendants,” said Paul L. Howard, Jr., Fulton County District Attorney.
“There's actually three victims, Mr. Towns and his family, but I’d say the two officers,” said the defense. “We think they got it wrong and there will be appeals.”
Family members briefly commented after the verdict was reached. They said they are happy with the jury's decision and feel this will help them find peace.