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Family expresses outrage towards Smyrna police over shooting

The family of a man shot to death by Smyrna Police last week received some disappointing news on Monday.

Nicholas Thomas's mother, Felecia Thomas, was teary-eyed after a meeting with Smyrna's police chief, the city attorney, and an assistant Cob County district attorney.  She and the family's lawyers had just been told that the GBI would not be asked to investigate the deadly shooting of the 23-year-old man.

"Honestly, we left with more questions than answers," said Rob Bozeman of Davis Bozeman Law Firm.  "We were not able to talk facts whatsoever."

Smyrna Police, backed up by Cobb County Police, were serving a warrant on Nicholas Thomas at his job at a Goodyear near Cumberland Mall last Tuesday.  Thomas, who had gotten into a Maserati to bring it around for service, saw the police and apparently attempted to drive away.  A police press release says that "Thomas drove the vehicle at Officers, placing them at risk to receive serious bodily injury or death," and that is when Smyrna Police Sgt. Kenneth Owens opened fire.  Owens has been on the police force since 2001.

Bozeman says Police Chief David Lee and the ADA, Jesse Evans, offered the Thomas family their condolences, but were told matter-of-factly that the Georgia Bureau of Investigation will not be called in to head up the investigation.

"We were told that the GBI would have access to Cobb County's report, once the report has been completed," said Bozeman.

Attorney Mawuli Davis says they were told that the reason, essentially, is that it is too late, because Cobb County Police have already started investigating.

"Our position is, it shouldn't have been too late, because it should never have started with Cobb County when it was their SWAT team who was out there, it was their officers who were there backing up the Smyrna Police, and we're unclear as to what their role was in the entire episode," says Davis.  "From a community standpoint, it's just not best practice for the entity that has any involvement to remain involved and be the primary investigator."

Davis points out that the Task Force on 21st Century Policing appointed by President Obama gave recommendations to the White House this month that in cases of deadly force by police, an independent investigator be appointed to probe the incident.

Bozeman and Davis say when they asked any questions about what happened on the afternoon of March 24, they were rebuffed and told that police would not go into "the facts."

"What video surveillance has been taken?  What witnesses have been talked to and interviewed?  Why so many officers?  What warrant were you enforcing on that day?  All of those facts.  None of those questions could be answered or were answered," said Bozeman.

Smyra Police Chief Lee said in a statement on Friday that “the Cobb County District Attorney’s Office will review every step of the investigation.  Senior prosecutors responded to the scene of the shooting and will confer with investigators throughout the investigation.  It is the policy of the Cobb District Attorney that every case involving a law enforcement officer shooting is placed before a Cobb Grand Jury.  This case will be no exception.  Once the investigation is complete it will be turned over to the District Attorney’s office for their review and for presentation to the Grand Jury.”

The agency added, “We have been in contact with both the NAACP and the SCLC and assured them of our commitment in conducting a thorough, comprehensive and transparent investigation.”

Felecia Thomas said her husband, Huey, was too emotionally distraught to sit in on the meeting.  She says it is past time for police to stop investigating themselves.

"This is an American problem, I'm asking [President] Obama to step in.  I'm asking everybody, every politician in America to step in, because this has got to stop.  My son did not die in vain.  He died for change.  And I'm asking everybody to step up.  I need a million people here in Smyrna tomorrow night.  A million!  Do you want your child to be next?!"

Thomas leaves behind a five-month-old daughter.

Demonstrators rally Tuesday night at Smyrna City Hall at 7:00.

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