ATLANTA — On late Tuesday afternoon -- just three days after the ninth anniversary of the shooting death of Air Force veteran Anthony Hill -- his sister Tamara Giummo and their mother got a phone call neither were prepared to answer.
"As I’m listening, I’m just like, wow. And I just think about that day," Tamara Giummo explained.
The news Giummo received took her back to the day she lost her brother. The victim's advocate at the DeKalb County District Attorney's office called the family to notify them the former DeKalb County police officer, Robert Olsen, who shot and killed Hill, had his convictions overturned by the Court of Appeals of Georgia.
"It was not something that we knew that was currently going on," Giummo said.
Olsen was previously convicted on charges of aggravated assault, violation of oath of public office, and making false statements in the 2015 shooting death of Anthony Hill, an unarmed, naked military veteran, during a 911 response call. However, he was acquitted of felony murder in the trial. Olsen was sentenced to 20 years, with the first 12 serving in custody.
However, in a ruling handed down Tuesday by the Georgia Court of Appeals, Olsen's convictions were overturned after an argument was made that the trial court made multiple errors over the "admission and treatment" of the Use of Force Policy (UFP) in DeKalb County, which confused the jury and inhibited him from having a fair trial.
The appeals court agreed on the basis of the objections and reversed Olsen's convictions on aggravated assault and violation of oath by a public officer due to what was determined to be a violation of the UFP. The court ruled that Olsen can be retried on the count of aggravated assault, but he cannot be retried for his violation of oath of public office charge because the evidence was "legally insufficient," the court ruled.
"I mean you know they're going to do an appeal, but we were just not aware that was happening at this moment," Guimmo said about her shock regarding the overturned conviction.
The news was especially weighty as March 9 marked nine years since Hill was killed at an apartment complex in DeKalb County in 2015.
"It just brings back the feelings of losing Tony, like pulling off a scab of a wound you just won’t let heal," Giummo explained.
She said her brother was going through a mental health crisis in 2015. He was off his medication at the time of the interaction between him and Officer Olsen.
"He did nothing wrong that day but have a mental episode from being diagnosed bipolar, PTSD from being in the military fighting for this country for us," Giummo explained.
Hill served in the Air Force and medically retired. He was off his medication for treatment he was receiving as a result of his service in Afghanistan and was acting strangely outside his apartment complex. He worried his neighbors, who called 911, hoping to get help for him. Hill was naked and unarmed when Olsen arrived, and Olsen said he feared for his life and shot and killed Hill.
"He was supposed to have help, and this happened to him," she said.
Overall, it's a loss Giummo will forever bear, but before this day, there was some semblance of closure with a conviction.
Giummo said they would talk with the District Attorney's office in the coming days to determine what would happen now after the conviction was overturned. She said they could not believe there might be another trial.
"We will be there through it all to fight for justice for Tony," Giummo said.
The DeKalb County District Attorney said they will appeal the court's decision to Georgia's Supreme Court. However, if this case does head to a retrial, Olsen can not be retried on the violation of oath charge but only the aggravated assault charge.
Something Giummo doesn't agree with despite the court's ruling.
"He deserves justice," she said.
Records show that Olsen is still listed as an inmate in Georgia on Tuesday, March 12. 11Alive contacted the Georgia Department of Corrections for information on when Olsen is expected to be released and the process for people whose convictions are overturned and is awaiting a response.