ATLANTA — A former Atlanta Police officer accused of killing a 22-year-old in 2016 has been re-indicted for murder. This comes just weeks after the Fulton County District Attorney dropped previous murder charges against that same officer.
On Sept. 5, a Grand Jury moved to bring new charges against 36-year-old James Rolfe Burns. The former police officer had previously been indicted for the murder of 22-year-old Deravis Caine Rogers on Monroe Drive in June 2016, right outside of 11Alive's studios.
The original indictment was deemed nolle prosequi in July because of a procedural matter related to the statements Burns made during the previous Grand Jury proceeding, the D.A.'s office said. Court documents filed in July showed the status of the charges against Burns changed to nolle prosequi. That translates from Latin as “we shall no longer prosecute.”
But "out of an abundance of caution in an attempt to avoid future litigation," the D.A.'s office said it made the decision to re-indict Burns on the murder charge.
“Today’s murder re-indictment against James Burns is further proof that the Fulton County District Attorney’s Office is fully committed to the complete prosecution of this case," the D.A.'s office said in a statement. "We just want to make sure justice is served.
As part of the new indictment, Burns now faces four counts, which include felony murder, aggravated assault with a deadly weapon and violation of oath of a public officer.
According to authorities, Burns was responding as backup to a suspicious person call related to car break-ins at an apartment complex after an off-duty officer radioed someone was running away and possibly breaking into cars.
Burns came across Rogers, who was inside his car, and fired his weapon into Rogers’ moving vehicle. The bullet struck Rogers in the head, and he later died at the hospital.
PHOTOS | Photos from the scene
Midtown officer-involved shooting
Burns initially allegedly told investigators Rogers tried to run him over with a car, but an internal affairs investigation found Rogers posed no threat to Burns, and documents from the investigation indicate Burns was outside his patrol car, took cover and shot into Rogers' car without knowing exactly who was inside.
Burns was fired from the Atlanta Police Department, but his attorney says he had to make a "two-second decision" and he is innocent.
In a statement to 11Alive after the new indictment, Burns' attorney Drew Findling called the case "constitutionally flawed."
"The last indictment was dismissed because it was constitutionally flawed, and the case continues to be constitutionally flawed," Findling said. "We will continue to fight for Mr Burns constitutional rights as well as to continue to advocate for his innocence."
PHOTOS | Caine Rogers
