CLAYTON COUNTY, Ga. — Charges have now been dropped against a sheriff's deputy accused of shooting an unarmed man inside a courthouse.
It comes after prosecutors discovered new evidence they said shows the deputy acted in self-defense.
Clayton County Sheriff's deputy Albert Lewis was indicted in May on counts of aggravated assault and violating his oath as a law enforcement officer. Now, he no longer faces those charges, all thanks to a simple flashlight.
In fact, no one from law enforcement even knew this flashlight existed for more than a year. It was missed during the Georgia Bureau of Investigation’s original search for evidence after the incident.
Lewis had always insisted he felt something from his belt get taken away from him, and that’s why he opened fire, hitting Benarvis Johnson. But, according to lawyers in the case, a courthouse employee picked up the flashlight and put it in a spot where the GBI and other law enforcement officers never saw.
It wasn’t until defense attorneys found still images showing the flashlight on the ground, just inches away from Johnson that they revisited the case. Once prosecutors saw those images, they concluded Johnson took the flashlight away from Lewis and could have used it as a weapon.
But Johnson’s attorney doesn’t buy this sudden new piece of evidence.
"Where was this evidence and how did it magically appear,” questioned Gerald Griggs. "When law enforcement investigates law enforcement, and they find newly discovered evidence that helps a law enforcement officer, that's concerning."
Now, Griggs’s client is no longer considered a victim in the eyes of prosecutors. Instead, Johnson, is now considered the aggressor.
It all stems from the December 2016 encounter. Johnson was inside the Clayton County courthouse annex awaiting a hearing. He was using his tablet, which one deputy told him to put down. Johnson reportedly refused.
That resulted in a scuffle with three deputies, during which one of them shot Johnson in the rear end.
More than a year later, Johnson still can't work and has trouble getting around. Now, he's still facing charges of disorderly conduct for the fight while the man who shot him – Lewis – will be able to return to work.
“His charges should have been dismissed from the beginning,” Lewis’ attorney told only 11Alive. “My hope is since the state dropped the ball, they'll continue to drop the ball, and dismiss this case."
Meanwhile, Johnson is considering filing a lawsuit against the sheriff's office.
