APD Officer Fired For ‘Unreasonable’ Fatal Shooting In June

On Tuesday, Atlanta police fired an officer who shot and killed a 22-year-old man last month.

The administrative decision to fire Burns came within eight days of the fatal shooting, according to police — prior to any of the recent, high-profile shootings in the U.S. and subsequent protests in Atlanta.

APD Sergeant Warren Pickard says Officer James Burns used unnecessary and unreasonable force.

Pickard said on June 22, Burns was responding to a call from another officer in Midtown who “thought he observed what was a male breaking into some automobiles in an apartment complex.”

According to police, when Burns arrived, he saw a man attempting to avoid the police vehicle and drive out of the complex driveway.

“Officer Burns immediately got out of the car and for whatever reason he discharged his weapon, and that’s something we cannot support and something we have a problem with,” Pickard said.

He said Burns fired, hitting Deravis Rogers in the head, before learning who the driver was or whether or not he was involved in any alleged crime.

“Georgia law clearly specifies that a police officer can use force to stop a fleeing felon. But we must already have the knowledge that he’s already committed a felony and that he’s fleeing. That was not what was determined here,” Pickard said.

There later turned out to be no evidence of any break-ins, according to police.

Rogers, who is black, died from his injuries at Grady Hospital. Burns is white.

“Our investigation has been able to determine that race was not a factor,” Pickard said.

Pickard says there’s no evidence Rogers’ car ever posed a threat.

“Based on those grounds, [Burns] stepped outside of our policy and we terminated his employment,” he said.

According to the APD, Burns had received one prior complaint in 2013, the same year he joined the force. Pickard said the APD found Burns had “entered a vehicle without probable cause,” causing damage while doing so.

A GBI investigation is ongoing. It says investigators have met with the Fulton County District Attorney’s office, but neither office is releasing further detail.