Atlanta Georgia criminal lawyer challenges pretrial immunity ruling for police officer
A recent challenge to a trial court's order denying pretrial immunity was denied by Georgia's highest court.
The Supreme Court of Georgia agreed with a trial court ruling that denied Atlanta police officer Raymond S. Bunn’s motion to dismiss an indictment for murder. The indictment stemmed from an incident in July of 2002 in which Bunn and his partner came across a man breaking into a vehicle. Upon noticing the officers, the alleged burglar climbed into a van and began racing towards Bunn and his partner. The officers ordered the van to stop, but the alleged burglar refused to yield. Officer Bunn then discharged his weapon killing the man.
Over three years later, Bunn was indicted for murder and other charges related to the incident. Bunn argued that the three year delay had caused witnesses’ memories to fade which violated his right to a speedy trial, and that the case should be dismissed as a result. Bunn also argued that he was immune from prosecution under a theory that he was justified in using deadly force. The Court refused to dismiss the case, since the prosecution is generally free to bring a charge of murder at any point in time. However, the Court ruled that the trial judge used an incorrect standard in determining if Bunn was justified in using deadly force, and the Court directed the trial judge to reevaluate immunity using the correct standard.
Our firm has been involved in several criminal cases in Georgia involving law enforcement officers. We have represented police officers charged with a variety of different crimes. Our defense depends on the particular facts, but we have been successful in keeping several of our clients from being indicted by preparing them to make statements before the grand jury at the time it considers the DA's proposed indictment. While it is possible to obtain immunity prior to trial, it is difficult. We don't think this case will really change that fact.
