DEKALB COUNTY, Ga. — It was an unusually quiet day for the jury, who has not been shy about asking questions through the deliberations. The jury stopped for the day at 3:30 p.m., because a juror had a pre-approved out-of-state work trip.
In March of 2015, DeKalb County Police Officer Robert Olsen was responding to a 911 call about a possibly mentally disturbed individual who was wandering around The Heights at Chamblee apartments at approximately 1:30 p.m. on March 9.
Olsen said when he arrived on scene, Anthony Hill started running at him at full speed. Olsen said he got out of his car and twice yelled, "Stop!" but Hill continued running.
Olsen shot Hill twice, killing him. The former officer said he was scared for his life.
Hill was an Air Force veteran who had been diagnosed as a bipolar. He was off his medicine at the time of the shooting and his family says he was in the midst of a mental breakdown.
Charges against Robert Olsen:
- Count 1 – Felony murder
- Count 2 – Felony murder
- Count 3 – Aggravated assault
- Count 4- Violation of Oath by Public Officer
- Count 5 - Making a false statement
- Count 6 - Violation of Oath by Public Officer
Jurors began deliberating Friday, Oct. 4. They have sent notes to the judge at least twice indicating they are not able to agree upon some of the charges but are able to agree upon other charges. However, they have not yet told Judge LaTisha Dear Jackson they are a hung jury.
PHOTOS | Anthony Hill
At the close of court Thursday, prosecutors raised the issue of an Allen Charge. However, on Friday, prosecutors did not request one. An Allen Charge is a separate set of instructions a judge can give to the jury if they seem unable to reach a unanimous verdict.
The charge derives from Allen v. United States, 164 U.S. 492 (1896), according to the American Bar Association, in which the United States Supreme Court approved an instruction directing dissenting jurors reconsider their positions favoring the defendant, reevaluate whether their doubt was a reasonable one, and consider the problems and expense of retrying the case.
It's generally considered a move of last resort.
"That's that charge that you do at the last time, the ninth inning when you're saying the jury has been coming back, they've been thinking about it for a while, and they still can't come up with anything," she explained 11Alive legal analyst Latonia P. Hines.
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