On November 28, Fulton Superior Court Judge Robert C.I. McBurney granted Defendants’ Motion to Quash the grand jury indictment that charged six current and former Fulton County detention officers who were facing several charges, including felony murder.  The attorneys at Chilivis Grubman, along with esteemed co-counsel, argued that under Georgia law, prosecutors were required to provide the officers notice of the indictment. By not doing so, the State deprived the deputies of their right to testify before a grand jury. 

“Here, it is undisputed that the State did not provide any such notice or opportunity to be heard to any of the six Defendants in this case,” McBurney ruled. “Nor is it disputed that the alleged crimes occurred while Defendants were performing their duties as detention officers at the Fulton County Jail.”  In his six-page order, Judge McBurney reminded the State that O.C.G.A. § 17-7-52 reduces the likelihood of a “frivolous or harassing indictment being pursued” against peace officers and helps “ensure that the peace officer’s split-second decisions can be fully explored in a more deliberative fashion.”

The attorneys at Chilivis Grubman represent clients in both criminal and civil matters in state and federal court. If you need assistance with such a matter, please contact us today.