ATLANTA — A federal appeals court ruled a lawsuit against two officers accused of excessive force could go to trial. Jamarion Robinson, 26, was shot at least 59 times while a U.S. Marshals task force tried to arrest him in 2016.
Monteria Robinson, Jamarion's mother, filed a civil lawsuit. The lawsuit was dismissed last year, ruling the officers had sovereign immunity. However, on Tuesday, a federal appeals court said that immunity did not extend to shooting an unconscious suspect.
At issue is a video taken by a neighbor. In the video, you hear rapid gunfire, then a flashbang, which officers threw to make sure Jamarion was dead or unconscious. Officer statements insist no shots were fired after that flashbang. However, on the video, you distinctly hear another quick burst of gunfire.
Jamarion's mother believes at least one officer shot her son while he was incapacitated.
The court said there was no evidence to indicate Clayton County Officer Kristopher Hutchens fired his weapon after the flashbang, so it ruled the case against him should remain dismissed.
However, it said there was enough evidence to suspect Detective Daniel Doyle or U.S. Marshal Eric Heinze could have fired their weapon. It ruled the case against them for their actions after the flashbang only could go to a jury to determine if either used excessive force. The court's ruling only leaves one officer to answer questions about that day. Detective Doyle died in 2020.
Officer Hutchens and Inspector Heinze remain charged with murder in Fulton County’s criminal case related to the events of that day. Both have plead not guilty.
11Alive has reached out to Monteria Robinson's family attorney for comment.
This is a developing story. Check back often for new information.
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