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IN THE SUPERIOR COURT OF LAURENS COUNTY STATE OF GEORGIA IN RE: GRAND JURY PRESENTMENTS fe) URT The foregoing Presentments of the April 2015 Grand Jury for Laurens County, which convened on June 18, 2015, and June 19, 2105, and having been presented to my office on June 24, 2015, read, considered and approved, let the same be filed of record by the Clerk of Laurens County Superior Court and a copy published one time in the legal gazette for Laurens County at the expense of the County. SO ORDERED this 24th day of June 2015. GIBBS FLANDERS, JR., Chief Judge y LAURENS COUNTY SUPERIOR COURT DUBLIN JUDICIAL CIRCUIT NOTICE OF CIVIL INSPECTION AND INVESTIGATION BY GRAND JURY IN THE SUPERIOR COURT OF LAURENS COUNTY STATE OF GEORGIA InRe: Investigation of Laurens County Sheriff's Department Use of Deadly Force on September 24, 2014 : Laurens County Grand Jury Proceedings, April, 2015 Term To: Honorable Bill Harrell, Sheriff Laurens County Sheriff's Department NOTICE OF CIVIL INSPECTION AND INVESTIGATION Comes Now William Taylor, Foreperson of the Laurens County Grand Jury for the April, 2015 Term of the Superior Court and shows: 1. On April 27, 2015, this Grand Jury was empaneled as provided by law. a Under the provisions of O.C.G.A. § 15-12-71, this Grand Jury is authorized to inspect and Filed in office this ayte 20 investigate the Laurens County Sheriff's Department. 3 On May 29, 2015, in accordance with O.C.G.A. § 15-12-71 (b)(2), eight or more of the members of the Grand Jury voted that it was necessary to conduct an inspection and investigation of the Laurens County Sheriff's Department. In accordance thereof the Grand Jury has appointed eleven members of the Grand Jury to conduct said inspection and investigation. 4. ‘The scope of this inspection and investigation is to examine the use of lethal force by members of the Special Response Team on September 24, 2014, involving David Hooks. Its the intent of this Grand Jury to conduct a full and fair inspection and investigation in this matter in accordance with all applicable laws. o ‘The Grand Jury has requested that the Prosecuting Attomey’s Council of Georgia appear before the Grand Jury on June 18, 2015 in the Laurens County Commissioner's room to begin the inspection and investigation of the evidence obtained by the Georgia Bureau of Investigations. 6. ‘You will be provided the opportunity to appear before the Grand Jury and to testify, under oath concerning this matter. In addition, you will be afforded the opportunity to review the findings and conclusions of the Grand Jury prior to their submission as a General Presentment to the Superior Court and to submit any response which you may wish to make to the Grand Jury's findings and recommendations. Any response which you submit will be appended to the General Presentment which the Grand Jury submits for publication in accordance with O.C.G.A. § § 15- 12-71 (b) (3) and 15-12-80. Respectfully Submitted, this 15th day of June, 2015 William Taylor, Foreperson April 2015 Term Grand Jury, Special Presentment On June 18 & 19, 2015, Charles A. Spahos, as District Attorney Pro Tempore pursuant to Administrative Order of the Attomey General and Lalaine Briones, Director of State Prosecution. Support for the Prosecuting Attomeys’ Council (hereafter refed to as the Prosecuting Attorneys? Council of Georgia or PAC) presented evidence regarding the investigation that led to and the execution of a search warrant at 1184 Highway 319 North, East Dublin, GA that resulted in the officer involved shooting that occurred on September 24, 2014 involving Laurens County Sheriff's Department Deputies Jeremy Reese, Rusty Stewart, Buck Forte and William Meeks and the death of David Nelson Hooks. Grand Jury Members Present: William R. Taylor, i. CAAT Mary Bohannon YN43. ‘Tyanna Marie Smith 445° Joel M. Gorrell James Wyatt, II Roniqua Greet Aéy Mary Lou Lowther MZ Arthur Linder, Jr. A. L Lesli Pope Delton Lampp 24 Witnesses Heard: Teresa Hooks Jerry Jones, Special Agent, Georgia Bureau of Investigations Dr. Jaqueline Martin, M.D., Deputy Chief Medical Examiner, Georgia Bureau of Investigations Erin Norris, Forensic DNA Scientist, Georgia Bureau of Investigations Kim Sutton, Microanalyst, Georgia Bureau of Investigations Brittany S. Gresham, Forensic Toxicologist, Georgia Bureau of Investigations Bryan Smith, LEICA, Georgia Bureau of Investigations Spence Barron, Crime Scene, Georgia Bureau of Investigations Kirk Smith, Crime Scene, Georgia Bureau of Investigations Evidence and Materials Reviewed: GBI Lab Report 2014-1022349 dated 12/02/2014 (Toxicology) GBI Lab Report 2014-1022349 dated 12/15/2014 (Autopsy) Filec day of, GBI Lab Report 2014-1022349 dated 10/27/2014 (DNA typing) GBI Lab Report 2014-1022349 dated 01/05/2015 (Microanalysis Hair) Audio Interview of Teresa Hooks Audio Interview of Kasey Loyd ‘Audio Interview of John Mabry Audio Interview of Jeremy Reese Audio Interview of Rusty Stewart Audio Interview of Buck Forte Audio Interview of William Meeks Audio Interviews of Rodney Garrett Audio Interviews of Jeffrey Frazier Georgia Bureau of Investigations Incident Scene and Incident Related Photographs Application for Search Warrant Search Warrant LEICA Computer Generated Crime Scene Analysis Presentation Factual Findings Summary Surrounding the Events of September 24, 2014: On Sunday, September 21, 2014, a theft report is filed with the Laurens County Sheriff's Office regarding a stolen truck. The truck is owned by Hipolito Mendoza, who uses it in his pine straw business. Rodney Garrett is identified as a possible suspect in the theft of Mr. Mendoza’s truck. ‘An associate of Rodney Garrett informed the Sheriff's Office where Garrett had hidden the truck, Laurens County Sheriff's Office personnel recovered Mendoza’s truck on Sunday, September 21, 2014, as well as other stolen property. Rodney Garrett was not located at that time. On Tuesday, September 23, 2014, David Hooks filed a report with the Laurens County Sheriff's Office regarding a theft that had occurred at his residence. David Hooks reported that a Lincoln ‘Aviator, numerous firearms, cash from his pick-up and cash from his wife’s SUV had been taken, David Hooks informed the Laurens County Sheriff's Office that he believed that an ‘employee or a former employee committed the theft. The theft from the Hooks residence was suspected to have occurred on Monday, September 22, 2014. ‘On Wednesday, September 24, 2014, Beverly Garrett, Rodney Garrett’s mother contacted Laurens County Deputy Ryan Brooks. Ms. Garrett requested that Deputy Brooks come out to her residence. Deputy Brooks went to the Garrett property and it was at that time that Rodney Garrett turned himself in for committing the theft of Mr. Mendoza’ truck and the thefts at the Hooks residence. Rodney Garrett confessed to Deputy Brooks that he took a Lincoln Aviator, two guns, scales and a blue pouch from a home off of HWY 319, which is the Hooks’ residence. According to Rodney Garrett, he believed that the blue pouch, which was removed from the console of David Hooks’ pick-up truck, contained money. Garrett later discovered that it contained a large amount of methamphetamine. Garrett disclosed the location of the Aviator, two guns, scales and ‘methamphetamine to Deputy Brooks. The Sheriff's Office recovered the items. Because methamphetamine was recovered, Deputy Brooks contacted Drug Investigators with the Sheriff's Department. Drug Investigators met and discussed the new information provided by Rodney Garrett that the methamphetamine was stolen from the console of the pick-up truck at the Hooks residence. Drug Investigators also discussed previous information regarding David Hooks and the possible distribution of methamphetamine. In 2009, Laurens County Sheriff's Office Investigators previously received information regarding David Hooks from Jeffrey Frazier. Jeffery Frazier informed them that he had purchased methamphetamine on behalf of David Hooks. Frazier would travel to Atlanta to purchase methamphetamine and then deliver it to David Hooks. Jeffrey Frazier was an employee of David Hooks at the time of the transactions. Ina video-taped and two audio taped interviews of Jeffiey Frazier, he discusses David Hooks’ involvement in the purchase of methamphetamine. Investigator Chris Brewer with the Drug Unit contacted Assistant District Attomey Brandon Fairleoth to discuss the possibility of obtaining a search warrant for the residence of David Hooks. Investigator Brewer informed Brandon Faircloth that Rodney Garrett had taken approximately 20 grams of methamphetamine, scales, cash and two guns from David Hook's property. The investigator also informed the assistant district attorney about the interview with Jefirey Frazier wherein he describes traveling to Atlanta to purchase methamphetamine on behalf of David Hooks. Faircloth advises that if Investigator Brewer includes all of the information he has obtained surrounding the circumstances involving Rodney Garrett and Jeffrey Frazier in his application, there should be sufficient probable cause to obtain a search warrant, Investigator Cris Brewer outlined all of the information provided by Rodney Garrett and Jefirey Frazier to apply for a search warrant for the Hooks’ residence. Brewer did not provide any testimony or information outside the four comers of what is contained in the Application for Search Warrant and Affidavit. The court did not know that the information gleaned from Jeffrey Frazier occurred in 2009. The search warrant was granted by Laurens County Magistrate Faith Snell at approximately 9:56 p.m. on September, 24, 2014. Once the Search Warrant was issued, Drug Investigators made the decision to request that the Special Response Team (hereinafter SRT) members to execute the search warrant at the residence of David Hooks. The members of the SRT were informed that they had a valid search ‘warrant to execute, No member of the SRT that was to make entry participated in any portion of the investigation that led to the issuance of the search warrant. The deputy in charge of SRT was Corporal Brian Stokes. Corporal Stokes held and conducted a briefing at the Laurens County Sheriff's Office to discuss how the search would be executed. The team was instructed that the method to be used for the execution of the search warrant would be “Slow and Deliberate”, not Dynamic. The team would breach or force entry only if the occupants were non-compliant. The ‘team was informed that the residence was a two story home, and more time than usual would be given for the residents to respond. The recent theft at the Hooks residence was discussed and the team was notified that as a result, the residents would likely be on alert; therefore it was necessary to give them extra time and to announce multiple times. The team was also informed that David Hooks was known to own numerous firearms. It was determined that Deputy Kasey Loyd, would be the first to approach the Hooks residence driving a marked Sheriff's Department patrol unit. Kasey Loyd was assigned the duty to knock and announce while dressed in his Class. A Uniform. The Class A Uniform is wom by the members of the Sheriff's Department while on duty, and recognized by the general public. Loyd was instructed to knock and announce three to four times. The other members of the team were to be dressed in the Standard SRT uniform, which consisted of olive green military style tactical gear. A khaki tactical vest with the phrase “Sheriff” on the front and back would also be worn. In addition, the SRT team would wear olive green Kevlar helmets. Once the briefing was concluded, the SRT members traveled to the Hooks’ residence in a panel truck, while other Laurens County Sheriff's Office members drove assigned sheriff's office vehicles. Kasey Loyd, who was driving a marked patrol unit was the lead vehicle. The emergency lights on the vehicles were not activated, however, all of the vehicles had headlights on. There were in excess of six vehicles which traveled to the Hooks residence as a group. The SRT panel truck is a converted ambulance and the side lights of the vehicle were activated. A security light was on in the carport area directly above the spot where Deputy Loyd parked his vehicle. When Kasey Loyd arrived at the residence, he got out of his patrol vehicle and approached a ‘glass pane door in the carport area with the Search Warrant in hand. The glass pane door permitted a full view of Deputy Loyd from the interior of the residence. The glass pane door ‘opened into the kitchen area of the residence. A light was on over the kitchen sink. ‘Once at the door, Deputy Loyd knocked loudly on the door and announced, “Sheriff's Office, Search Warrant”. Deputy Loyd waited and repeated the knock and announce. While knocking and announcing the second time, Deputy Loyd noticed a light come on behind the kitchen area, which illuminated the kitchen. Deputy Loyd knocked and announced a third time, and saw a figure in a red shirt go into another room. Deputy Loyd saw a man standing at the kitchen island, he yelled, “Sheriff's Office, Search Warrant.” ‘The man left the kitchen and went into an adjoining room. John Mabry, a medic on standby, reported hearing Deputy Loyd knock and announce “Sheriff's Office, Search Warrant” a total of four times. Deputy Loyd notified the entry team that he made contact with a male resident who looked at him and then immediately left the kitchen to go into another room. The decision was made to breach the door due to the male resident’s non-compliance. The door was breached and multiple SRT members are heard yelling, “Sheriff's Office, Search Warrant”, as they are entering the kitchen area of the residence. Four SRT members enter the home, Deputy Rusty Stewart, Deputy Buck Forte, Deputy William Meeks, and Deputy Jeremy Reese. Rusty Stewart and William Meeks take positions to the right hand side of a kitchen island located in the center, Buck Forte and Jeremy Reese move to the left hand side of the island. A handgun rests on the kitchen island between the SRT team and the male resident later identified as David Hooks. David Hooks centered the kitchen from a room on the right holding a black shotgun and took a position at the end of the kitchen island. David Hooks had the shot gun raised and pointed at SRT members as he walked toward them. Rusty Stewart yelled, “Gun, Gun”, while the barrel of the shotgun was pointed directly at him. Buck Forte yelled, “Drop the gun”. David Hooks did not drop the shot gun. Rusty Stewart, Buck Forte, William Meeks and Jeremy Reese discharged their weapons. David Hooks was struck multiple times and fell to the floor. 911 records show that they were contacted at 10:57 p.m. requesting EMS to the home on HWY 319. Buck Forte moved the shotgun, which had fallen to the floor, away from David Hooks. David Hooks received medical ‘treatment and was subsequently transported to Fairview Park Hospital for treatment. Teresa Hooks, who is identified as the figure wearing a red shirt, is removed from the residence unharmed. No other people are located in the house. Once the house is cleared, SRT members are separated and instructed not to discuss what just occurred with one another. No one is permitted to enter the house. At 11:15 p.m Wednesday, September 24, 2014, Laurens County Sheriff Bill Harrell contacts the Georgia Bureau of Investigations (hereinafter GBI) to investigate the officer involved shooting at the Hooks residence. At 12:25 a.m. Thursday, September 25, 2014, Special Agent Jerry Jones from the GBI arrives at the Hooks residence. On September 25, 2014 at 12:43 AM Teresa Hooks is interviewed by Special Agent Jerry Jones. Teresa Hooks recalled being in her bedroom upstairs, where she usually sleeps, Teresa Hooks recalled that she was wearing a red t-shirt and underwear at the time she went down stairs. David Hooks was downstairs in the master bedroom sleeping. While upstairs, she heard a car pull up, looked out of the window, and saw people wearing black hoods. She yelled for David ‘Hooks. When Teresa Hooks got downstairs, David asked her, “What, what is it*? David Hooks had come out of the master bedroom with a shotgun, Ms. Hooks stated that she believed David ‘must have been sleeping before he came out of the bedroom with the shotgun because he was nude; it was his practice to sleep in the nude. Ms. Hooks stated that the light over the kitchen sink was tumed on that evening, and is always left on. Ms. Hooks explained that she is deaf in one ear and is not able to hear well. Ms. Hooks heard somebody yell, but was not sure what that, person yelled. Ms. Hooks distinctly remembered saying, “We're coming”. Ms. Hooks went on to explain that she didn’t know if they didn’t hear her, but the door was rammed. Ms. Hooks recalls that prior to the door being rammed, she heard men outside saying something, but she does not Know what was said. Ms. Hooks ran into the bedroom locking it, then went into the closet and used a cell phone to call her son. She recalls hearing shots being fired prior to calling her son, When the firing ceased she could hear people asking her to come out of the bedroom. After what Ms. Hooks describes as a good while”, she came out of the bedroom. Ms. Hooks was taken outside of the house and noticed some people in police uniforms. Ms, Hooks described seeing David Hooks come out of the bedroom, then the next time she saw him was when she was taken out of the house. On September 25, 2014 at 4:25 am Deputy Rusty Stewart was interviewed by Special Agent Kendra Fitzgerald with the GBI. Deputy Rusty Stewart arrived at the Hooks residence in the SRT van which had its head lights and side lights on. A marked unit was in front of the SRT van and multiples ears followed behind the SRT van with their headlights on. Deputy Kasey Loyd ‘was dressed in a Class A Uniform and was the first to approach the glass carport door. Deputy Stewart was directly behind Deputy Loyd and the first man in line as far as the SRT team, Deputy Loyd knocked and announced, waited ten to fifteen seconds and knocked and announced again. Deputy Loyd then waited another ten to fifteen seconds and knocked and announced a third time, Deputy Loyd stated that he saw a male subject look at him through the glass door; afier seeing Deputy Loyd the male subject left and went into an adjoining room. At that point, Deputy Stewart and Deputy Reese called for Tyler Jackson to breach the door. As Deputy Stewart entered the door he went into a kitchen, Deputy Stewart noticed that there was an island in the middle of the kitchen; at that time he saw a female wearing a red shirt run across a hallway then lost sight of her. Deputy Stewart began to sweep the kitchen for other subjects and saw a male subject come into the kitchen from another room located on the right. As the male subject came into the kitchen he was holding a black shotgun. The male subject had already, “caught a bead on him”, with the barrel of the shotgun pointing at Deputy Stewart. As the SRT team was entering he saw the barrel of the shotgun sweeping the team members. Deputy Reese moved to his right and yelled, “Gun, gun”. Deputy Stewart heard someone yell, “Drop the gun”. The male subject took a step forward pulling the shotgun up with the butt of the gun under the subject’s armpit. Fearing for his safety and that of the SRT team, Deputy Stewart fired his handgun. The male subject fell to the ground, half in the kitchen and half in the dining room. The shotgun fell to the ground as well. The team called for medies who immediately came into the residence and removed the male subject in order to treat his injuries. Deputy Stewart was aware that a second person was in the home therefore they began to search for the female in the red shirt, After approximately fifteen minutes, the female came out of the first floor master bedroom. Once the female was located and removed from the residence, all personnel left the home and waited for the GBI. Deputy Stewart wore a Kevlar helmet and a vest with the word, “Sheriff” in reflective letters displayed on the front and back. The sleeves of Deputy Stewart's shirt also had the word, “Sheriff” displayed on it. Deputy Stewart recalled discharging his firearm three to six times, Deputy Stewart discharged his .45 caliber Glock 21, which holds a thirteen round ‘magazine. Deputy Stewart has no previous involvement in any officer involved shootings and no prior complaints for excessive force. Deputy Stewart provided the GBI with a sketch of the house as he recalled the layout. On September 25, 2014 at 2:06 am Buck Forte was interviewed by Special Agent Lindsey Giddens with the GBI. At the time of the execution of the search warrant, Deputy Forte stated that he was wearing a vest with the word, “Sheriff” displayed on the front and back. Deputy Kasey Loyd was dressed in a patrol uniform and knocked and announced, “Sheriff's Office, Search Warrant” approximately three times. Behind Deputy Loyd were Deputy Stewart, Deputy Forte, Deputy Meeks and Deputy Reese. Deputy Forte could not recall the order of the SRT team members behind him. Deputy Forte heard Deputy Loyd state that a subject had walked to the door, saw who it was, then dipped into another room. Deputy Reese made the decision to breach because the team had been compromised. Once Deputy Forte entered the house, he moved to the left of the kitchen island. Scanning the room, Forte saw a male subject enter, and he heard Deputy Stewart yell, “gun”. The male subject was pointing a shotgun directly at him, and Deputy Forte could see the barrel. Deputy Forte yelled, “drop the gun”, the subject did not drop the gun. When the subject failed to drop the shotgun, Deputy Forte began to fire his weapon. Deputy Forte discharged his .45 caliber Glock 21 which held a total of thirteen rounds. The male subject fell to the ground dropping the gun, and Deputy Forte moved the gun away from the subject. Deputy Forte called for EMS. Deputy Forte stated that the male subject was very close to him maybe three yards. Deputy Forte explained that the male subject failed to drop the gun when asked, had the gun pointed at him, therefore he made the decision to use force because he feared for his life. Deputy Forte has had no prior use of force complaints. On September 25, 2014 at 3:21 am Deputy William Meeks was interviewed by Special Agent Kendra Fitzgerald with the GBI. Deputy Meeks stated that they were executing a knock and announce search warrant for the Drug Unit. On the evening of the search warrant, Deputy Loyd ‘was dressed in his Class A uniform, Deputy Meeks and everyone else wore tactical gear that had the word “Sheriff” displayed on the front, back and arm plates. Deputy Meeks recalled being the third man on the entry team. Deputy Loyd announced, “Sheriff's Office, Search Warrant”, waited and repeated the process. Deputy Meeks heard Deputy Loyd knock and announce three times, Deputy Meeks heard Deputy Loyd say, “I see him, he saw me, he ran back into the rooms.” At that time, a breach is called and Deputy Stewart, Deputy Forte, Deputy Meeks, Deputy Reese and Deputy Deloach enter the residence. Deputy Meeks heard Deputy Stewart yell, “gun”, and saw a woman wearing red running. Deputy Meeks began to scan the room and ‘saw a male subject with a shotgun pointed at them. Deputy Forte yelled, “put gun down, put gun down”. The male subject had the gun raised with a bead on them as he walked forward. Deputy Meeks discharged his firearm and heard other weapons firing. The male subject fell to the ground and Deputy Forte secured the shotgun by moving it away from the subject to his feet. Deputy Forte shouted for a medic, Deputy Meeks made his way to the living room because he knew there was a female wearing red who was also in the house. They were able to locate the female who Deputy Vertin escorted out of the house. Deputy Reece went to the second floor to clear it. No other individuals were located and the house was cleared. Once outside Deputy Meeks and the SRT team were separated and told not to discuss the events with one another. Deputy Meeks could not recall how many times he discharged his weapon, a .45 caliber Glock 21 with thirteen rounds. Deputy Meeks recalls firing until the subject fell to the ground, when he felt the threat from the subject had ceased. Deputy Meeks described the subject coming towards them with a shotgun pointed at them, raised, ready to shoot, and more directly at Deputy Forte. Deputy Meeks stated that the buck shot from the shotgun could have struck all four of the SRT ‘members in the room. Deputy Meeks felt that his life was in danger. On September 25, 2014 at 3:33 am Deputy Jeremy Reese was interviewed by Special Agent Giddens with the GBI. On the evening of the search warrant, Deputy Reese was wearing a ballistic vest with the word “Sheriff” on the front and back. In addition, the sides of the vest had the word SRT displayed on it. Deputy Reese also wore a green in color Kevlar helmet. Deputy Reese stated that the entry team approached the glass panel door with Deputy Kasey Loyd in front of the team wearing a Class A Uniform. Deputy Reese described Deputy Loyd announcing ‘numerous times before the team entered. According to Deputy Reese, Deputy Loyd knocked and announced waited thirty-five seconds, knocked and announced again, waited, then knocked and ‘announced again, Deputy Reese stated that Deputy Loyd informed the team that he saw a male subject; the male subject looked at Deputy Loyd then went deeper into the house. Deputy Loyd had described the male subject as “dipping into another room”. At that time, the decision was ‘made to breach the door. As the team was entering the home, Deputy Reese heard several people yell, Sheriff's Office, Search Warrant”, Deputy Reese was the last SRT member to enter the kitchen, he was fourth in line. Once Deputy Reese entered he saw a white male come into the kitchen closing in on Deputy Buck Forte. Deputy Reese noticed a black handgun on the kitchen island, Deputy Reese saw the white male moving towards Deputy Forte and the black handgun which was resting on the kitchen island. Deputy Reese heard someone yell, “gun”. Deputy Reese fired his gun after he heard, “gun, gun” and saw the white male closing in on Deputy Forte. Deputy Reese saw a shotgun when the white male went down to the floor. Deputy Reese was carrying his .45 caliber Glock 21. Deputy Reese believed that he fired his weapon two times. Deputy Reese made a diagram of the kitchen and indicated where the individuals involved were located at the time of the shooting. Deputy Jeremy Reese has had no complaints for excessive force. Grand Jury Recommendations: Grand Jurors are concerned that the Sheriff's Department chose to execute this search warrant at such a late hour, The Grand Jury recommends that the Sheriff's Department review their policies concerning the execution of search warrants and cease from conducting them so late in the evening. Ifan night time execution is warranted the Department should ensure that they are clearly identifiable from outside by use of lighted law enforcement vehicles. Grand Jury Findings: ‘The Grand Jury found that the evidence collected by the Georgia Bureau of Investigation does not support the filing of criminal charges against Deputy Rusty Stewart, Deputy Buck Forte, Deputy William Meeks, and Deputy Jeremy Reese. The statements of the witnesses, scientific evidence, forensic evidence, medical evidence and an evaluation of the scene supports the conclusion that Special Response Team Members acted in defense of self and others. Rodney Garrett stated that he knew that he was wanted for the theft of Hipolita Mendoza’s truck. To avoid law enforcement, Mr. Garrett went to the home of a friend, Buck Oliver, to hide. The Oliver residence is located at 852 Brantley Road, East Dublin, Georgia. On September 22, 2014, Buck Oliver's father forced Mr. Garrett to leave the residence. Mr. Garrett left the Oliver residence on foot walking down Brewton Lovett Road then onto Hwy 319. The Oliver residence is approximately 1.9 miles from the Hooks residence. While walking down HWY 319, Mr. Garrett sees a driveway with columns and lights. Mr. Garrett decides to walk down this driveway to steal a vehicle, The residence is that of David and Teresa Hooks. Mr. Garrett described taking a blue pouch, scales and cash from a white pick-up truck parked undemeath a carport. He also described taking cash from a SUV which was also parked underneath this carport. Mr. Garrett broke into a gun cabinet located in a shed and takes two guns. Mr. Garrett places all of these items in a Lincoln Aviator located near the shed and leaves. Mr. Garrett later discovers that the blue pouch contains a large amount of methamphetamine, When David Hooks filed a report with the Sheriff's Department he described cash being taken from his white pick-up truck which was parked underneath his carport. He also described cash being taken from his wife’s SUV which was also parked underneath the carport. Mr. Hooks reported that his gun cabinet located in the outside shed had been broken into and numerous guns had been taken. Mr. Hooks also reported that his Lincoln Aviator which had been parked outback near the shed had been stolen. Mr. Hooks stated that he believed that an employee or former employee was probably responsible. David Hooks’ statement regarding the location of the shed, the gun rack, the Lincoln Aviator, his white pick-up truck, his wife’s SUV and the items stolen is consistent with the statement of Rodney Garrett, Furthermore, photos of the scene corroborate the description of the property as provided by Rodney Garrett. ‘The statements of Jeffrey Frazier further corroborate Rodney Garrett’s statement that the methamphetamine was retrieved from the white pick-up truck belonging to David Hooks. Jeffrey Frazier, a former employee of David Hooks described Mr. Hooks’ involvement in the distribution of methamphetamine. Jefffrey Frazier described Mr. Hooks using employees to ‘transport the contraband. Mr. Hooks corroborates the statements of Mr. Frazier, by asserting that the theft which occurred on September 22, 2014, was likely perpetrated by an employee or former employee. Moreover, the forensic and scientific evidence demonstrates Mr. Hooks’ connection to the ‘methamphetamine. Toxicology tests were performed by the Georgia Bureau of Investigations and the results demonstrated that David Hooks’ blood was positive for amphetamine and methamphetamine. Specifically, David Hooks was positive for amphetamine 79 micrograms per liter and positive for methamphetamine 0.90 mg/L. In addition, trace evidence revealed that head hair recovered from tape lifts of the blue pouch, which contained the methamphetamine, originated from David Hooks or someone with hair possessing the same distinct microscopic characteristics. This demonstrates that the blue pouch was in David Hooks’ possession at one time. ‘While Teresa Hooks could not recall what was being yelled, she does corroborate the statements of the SRT team that they knocked and announced multiple times. In her interview with Special Agent Jerry Jones immediately after the event, Ms. Hooks explained that she is deaf in one ear and cannot hear well. Ms. Hooks heard somebody yell, but was not sure what that person yelled. Ms. Hooks also distinctly remembered saying, “We're coming”. Ms. Hooks went on to explain that she didn’t know if they didn’t hear her, but the door was rammed. Ms, Hooks recalls that prior to the door being rammed, she heard men outside saying something, but she does not know what was said. This is consistent with statements by members of the SRT and medics on standby that Kasey Loyd knocked and announced multiple times. DNA tests were performed on David Hooks’ shotgun Serial number L3330378, which was located at his feet after the shooting. DNA from the Ridged Area Butt of the shotgun matched David Hooks, DNA from the Shoulder Strap of the shotgun matched David Hooks. DNA from the Grip of the shotgun matched the profile of David Hooks. The DNA evidence is also corroborated by Teresa Hooks’ statement that her husband was holding a shot gun when he left his bedroom. Thus, the statements of the SRT members that David Hooks was in possession of a shotgun when they encountered him is supported by the statement of Teresa Hooks and the results of the DNA testing. The shot gun when recovered contained 7 live rounds in the magazine. It was determined at the crime lab that the shotgun, had not been assembled correctly and that the barrel was not completely seated, preventing a live round from being placed in chamber for firing. ‘The autopsy identified three injuries to David Hooks: Wound #1 perforating gunshot wound to the face. The entrance wound was to the left cheek, with no tattooing or soot. There is an incomplete exit wound to the right cheek. The trajectory is left to right. Wound #2 gunshot wound to the torso with an entrance wound to the upper back. No soot is associated with the ‘wound. The trajectory is back to front, left to right and slightly downward. The projectile follows a path behind the chest cavity and right upper arm. The projectile is recovered in the soft tissue of the proximal right humerus. The lab matched the projectile to Deputy William Meeks’ firearm, Wound #3 gunshot wound to the torso. Wound entrance is on the left chest. The projectile exited through the chest cavity on the right. Trajectory is left to right. All of the injuries were from an intermediate range and none were immediately fatal. The lack of tattooing or soot with regard to all three injuries contradicts the assertion that David Hooks was shot at point blank range or while he was down on the ground. Further, photos of the scene revealed no defects to the floors thus negating the speculation that Mr. Hooks was shot while face down on the ground, The trajectory of all three wounds is left to right, which is consistent with the positions of the SRT members as described in their statements. lll spent shell casings were located in the area where the SRT entry team members indicated they were standing at the time of the shooting. Wound #2, the gunshot wound to the torso with the entrance in the upper back and the copper jacket with lead core projectile found in the soft tissue of the proximal right humerus, had a trajectory of left to right and slightly downward. Forensic examination showed that the projectile which was recovered in the right humerus was discharged from Deputy William Meeks’ firearm. This is consistent with and corroborates the statement of Deputy Meeks and other SRT team members that Deputy Meeks was standing to the right of the kitchen island and to the left of David Hooks. ‘The crime scene investigation accounted for all spent casings and each spent bullet. Nothing about the crimes scene proved to be inconsistent with the statements of the Deputies or the physical evidence located at the crime scene. By majority vote, the Grand Jury has determined that the use of deadly force by Deputy Rusty Stewart, Deputy Buck Forte, Deputy William Meeks, and Deputy Jeremy Reese was justified. Recommendations and Instructions to the Prosecutor: Based on the findings and determination by the Grand Jury, it is recommended that the Prosecuting Attomeys’ Council conduct no further criminal investigation regarding this matter. ‘The Prosecuting Attomey’s Council is instructed to present a copy of these presentments to the Sheriff of Laurens County and allow him two working days unless more time is requested by the Sheriff of Laurens County, if more time is requested then the Sheriff is to be given a reasonable time to respond to these presentments if he chooses to do so. cil shall attach any response given to these presentments and inspection by grand jury, these presentments and any response by the Sheriff of Laurens County to the Clerk of the Superior Court of Laurens County. Once filed with the Clerk these documents should be published in the local legal organ as intended by OCGA §§ 15-12-71 (b(3) and 15-12-80 and to be viewed as a public record thereafter. ‘The Grand Jurors would like to express our sympathy to the families impacted by this incident. This the [4 “ay of Tore, 2015. CL) Geer ‘As requested, | as Sheriff respond here to the Grand Jury’s presentment. As an initial matter, | continue to appreciate the service of the Laurens County deputies who were involved in the search at issue. These deputies put their lives in harm’s way to protect the people of Laurens County and their fellow deputies. It is unfortunate that Mr. Hooks, who was under the influence of methamphetamine, would not cooperate with law enforcement and took aggressive action. | appreciate the service of the Grand Jury members and their conclusion that the use of deadly force on September 24, 2014, while unfortunate, was justified. lunderstand the concerns of the Grand Jury relating to the execution of a search warrant in evening hours. As always, | share their concerns for the safety and well-being of citizens as well as the safety of Laurens County deputies involved in any enforcement effort with an elevated risk such as drug enforcement. After we arrived at the location to serve the search warrant, there was no rush to enter the residence under the cover of darkness. It was our full intent to knock and gain cooperation from the occupants. In this case, a deputy known to the Hooks family and wearing a daily uniform stood at a glass door in a carport lit by an outdoor light and the lights of law enforcement vehicles. The deputy, as confirmed by multiple witnesses, repeatedly knocked and announced his presence and his intent to serve a search warrant. | know that we cannot always avoid evening service of arrest or search warrants. | also realize that we cannot make a blanket announcement to those involved in criminal activity, especially drug activity, that the night is theirs. | respect the work of the Grand Jury, and | am certain their recommendations are made after thoroughly reviewing facts of the September 24, 2014 incident and result from their genuine dedication to the solemn duty of a Grand Juror. | will consider the Grand Jury’s recommendations and findings in the area of search and arrest warrants. WA fautel W.A. Harrell Sheriff

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