Following an extensive investigation, Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that insufficient evidence exists to support a federal criminal civil rights prosecution in the death of Mr. Sammie Davis, Jr. in December, 2012.
During the federal investigation into the shooting death of Mr. Sammie Davis, Jr., prosecutors and investigators reviewed voluminous materials, including investigative reports generated by the Federal Bureau of Investigation (FBI), the Georgia Bureau of Investigation (GBI), and the Macon Police Department; videotaped and audio-taped witness interviews; DNA evidence reports; the medical examiner’s report; photographs; video footage from the officers’ patrol cars; medical records; and ballistic evidence.
The federal investigation into Mr. Davis’ death focused on the possible application of the federal criminal civil rights statute, found in Title 18 of the United State Code, Section 242, which prohibits certain types of official misconduct. “Based upon all of the available evidence, the United Stated Department of Justice’s Civil Rights Division, in conjunction with my office, has determined that the evidence in this case is insufficient to meet the rigorous requirements of a federal criminal civil rights prosecution. Based on the totality of the evidence, including DNA evidence, the government could not prove, beyond a reasonable doubt, that the officer willfully used more force than he believed was necessary under the circumstances,” U.S. Attorney Michael J. Moore stated.
“I have spoken with the Davis family about this decision, and while I know that their hearts remain heavy, I appreciate their cooperation during this investigation. Sheriff David Davis, who will soon assume command of all local law enforcement in Macon and Bibb County, and I have spoken about policies which can be implemented and which will most assuredly encourage public confidence in investigations like this one, where a law enforcement officer is involved in a shooting. While the findings of the local investigation and review were confirmed by our investigation, I am pleased that Sheriff Davis has put in place a policy which will now require that the GBI will immediately be called to assist in any shooting in which an officer is involved.
As we approach the anniversary of Mr. Davis’ death, I offer my condolences to the Davis family and remain committed to ensuring that our civil rights laws are enforced,” said United States Attorney Michael Moore.