FULTON COUNTY, Ga. — After a Fulton County judge dropped the charges against six jailers accused in an inmate's death, prosecutors are asking him to reconsider - saying the basis of his decision isn't applicable to this case.
The judge made his decision to quash the indictment last week on grounds that the Fulton County District Attorney's Office didn't follow a state statute properly when bringing charges against the law enforcement officers. Now prosecutors are arguing that technically, they weren't certified peace officers with the state, and the statute that voided the indictment doesn't apply in this case.
The jailers were originally facing murder charges in the 2018 death of Antonio May after he got into a fight with the guards. A lawsuit said witnesses reported guards "beat him with their fists and continuously sprayed a water hose in his face." The inmate died at the jail "in a pool of his own blood," according to the legal team for May's family.
A use-of-force investigation was launched surrounding Arron Cook, Guito De La Cruz, Omar Jackson, Jason Roache, Kenesia Strowder, and William Whitaker. A grand jury found there to be enough evidence to indict them on murder charges.
Under a state statute, prosecutors should have provided the guards notice of the indictment and were required to give them an opportunity to testify before a grand jury.
The judge dropped the charges since the jailers weren't allowed to give their side of the story, according to last week's court filing.
Now the district attorney is contesting the judge's decision - saying he doesn't have all of the facts.
"None of the jailers were POST certified peace officers with arrest powers before or at the time of May's death, and attempted to proffer that evidence," the district attorney's motion reads. The document was filed Tuesday.
Prosecutors said since the jailers weren't certified law enforcement officers with the state, the statute doesn't apply to the grand jury proceedings and the indictment should not be blocked. They are now asking the judge to schedule a hearing so they can present evidence supporting their claim and show him why he should vacate his previous order.
If that fails, they have the option to appeal to a higher court or seek a new indictment.