Ex-officer's conviction for killing naked Black veteran overturned

DEKALB COUNTY, Ga. - An appeals court has overturned the conviction of a former DeKalb County police officer who was convicted on several charges after killing a naked and unarmed military veteran.

On March 9, 2015, then-DeKalb County Officer Robert "Chip" Olsen responded to a call about a naked man behaving erratically at an apartment complex in Chamblee. 

The manager and assistant manager of the apartment complex called after seeing Afghan war veteran Anthony Hill from the window of the leasing office. According to the women, Hill had been crawling on the ground and hanging from balcony railings. In multiple 911 calls, the women told responders that they needed to hurry because they were afraid Hill was going to jump from a balcony. They did not say that Hill lived at the complex.

Olsen was told by dispatch there was a naked man who was "possibly demented." Hill was squatting in a roadway when Olsen arrived but jumped up and ran toward the patrol car, Olsen testified in court.

Olsen drew his gun as he exited his car and yelled, "Stop! Stop!" Hill didn’t stop, and Olsen shot him "maybe a second" after giving the order, he testified.

Robert Olsen during his sentencing

The second officer to arrive testified that Olsen said Hill ran at him and "started pounding on him." Olsen testified that he didn’t remember that conversation.

Olsen, 62, and his attorneys have said he was being attacked, feared for his safety and acted in self-defense. But prosecutors have said he used excessive force against Hill, a naked and unarmed U.S. Air Force veteran with mental health problems.

After six days of deliberation, a DeKalb County jury found Olsen guilty of aggravated assault, two counts of violation of oath, and making a false statement, but not guilty to two counts of felony murder.

A judge sentenced him in 2019 to 20 years in prison with 12 to serve.

This week, the Court of Appeals of Georgia overturned Olsen's conviction, ruling that prosecutors improperly put into evidence the DeKalb County Police Department's Use of Force Policy and that the policy is in conflict with Georgia's self-defense law.

The DeKalb County District Attorney's Office tells FOX 5 that it disagrees with the court's decision and will appeal.

"We have worked tirelessly to hold Robert Olsen accountable for the death of Anthony Hill," District Attorney Sherry Boston said in a statement. "While we respect the Court of Appeals, we wholeheartedly disagree with their decision and will appeal this matter to the Georgia Supreme Court."

The Associated Press contributed to this report.