Supreme Court reverses decision to throw out charges for Fulton County jailers in inmate's death
Six corrections officers were indicted in Fulton County over the death of an inmate, Antonio May, in 2018. (Courtesy of Antonio Mays family / FOX 5 Atlanta)
FULTON COUNTY, Ga. - The Georgia Supreme Court has overturned a lower judge's decision to quash an indictment of six Fulton County jailers for the death of an inmate in 2018.
Arron Cook, Guito Dela Cruz, Omar Jackson, Jaso Roache, Kenesia Strowder and William Whitaker were facing murder charges for the death of Antonio May.
According to the indictment, Atlanta police arrested the 32-year-old Macon resident on Sept. 11, 2018, on a charge of misdemeanor trespassing. Authorities say he had been throwing rocks at the American Cancer Society building.
Police took May first to Grady Memorial Hospital where he was medically cleared, then on to the jail.
A Fulton County Medical Examiner’s report stated a guard noticed that May was naked and masturbating in his cell and asked him to stop, but he refused. The report also stated May tested positive for having ecstasy in his system.
According to the report, the six guards assembled at May’s cell to put him in a restraint chair. The report says someone used a stun gun on him twice as well as pepper spray, then put him in the shower for decontamination.
May's family called his death a human rights issue, saying he was going through a mental health crisis.
After an investigation, the Fulton County District Attorney charged the three current and three former had been charged with felony murder, aggravated assault, battery, and violation of their oath of office. However, Fulton County Superior Court Judge Robert McBurney determined that the six were designated as "peace officers" who were "vested with a duty to maintain public order, i.e., keep the peace" and entitled to certain legal protections connected to indictments.
According to Georgia's code, current and former peace officers need to be given a copy of the proposed bill of indictment or special presentment and be notified in writing before they are indicted, which Fulton County did not do.
By ruling that the six were peace officers, McBurney quashed the indictment, though he said that prosecutors could get a new indictment if they followed the correct procedures.
The Supreme Court unanimously disagreed with McBurney, saying that, "while it is true that the defendants’ work may have benefitted the public peace, a tangential benefit to the public peace is not synonymous with a duty to maintain the peace within the community as a whole."
The court said that the defendant's primary duty was limited in comparison to the traditional definition of a peace officer, declaring McBurney's decision an error and reversing his ruling to throw out the indictment.
In a statement released late Wednesday, Fulton County District Attorney Fani Willis wrote:
"We are pleased the Georgia Supreme Court recognized that the special privilege for peace officers to appear before a grand jury is limited and does not apply to the defendants in this case. We will now move forward to trial to seek justice for Antonio May and his family."