The U.S. Attorney’s Office has agreed to open an investigation in the shooting death of Nicholas Thomas by a Smyrna police officer March 24.
Acting U.S. Attorney John Horn agreed to look into the shooting and the subsequent investigation after meeting with Thomas’ mother Felicia Thomas and her attorney Mawuli Davis Wednesday morning.
Last week a Cobb County grand jury recommended no action be taken against Smyrna Sgt. Kenneth Owens, who argued he shot Thomas to protect another officer as they tried to serve him an arrest warrant for a probation violation.
“They kind of cowboyed this thing” Davis said Wednesday.
Thomas, 23, was working at the Goodyear store on Cumberland Parkway when Smyrna and Cobb officers arrived around 1:30 p.m. to serve the warrant, according to police. When Thomas saw police, he left the store and got into a customer’s white, four-door Maserati.
Police said Thomas man drove it toward officers, prompting Owens to fire multiple shots at the vehicle. Thomas died at the scene near Cumberland Mall.
Cobb County District Attorney Vic Reynolds said Thursday he will not pursue charges against the Owens.
The March 24 shooting drew widespread protests from activists who argued Thomas was unarmed and thus no threat to police. But Reynolds said the Maserati that Thomas was driving when officers tried to serve him with an arrest warrant for a probation violation was a weapon.
“The loss of life is unfortunate, and I sincerely sympathize with Mr. Thomas’s survivors,” Reynolds said. “But when he drove the vehicle toward officers in the manner he did, the officer who fired the shots was justified under the law to use lethal force.”
Thomas' parents said Friday they felt "disrespected and discouraged" by the process that culminated Thursday with a grand jury's recommendation not to prosecute the veteran sergeant.
The fatal bullet entered Thomas’ body in his right upper back, moved left and downward before puncturing ribs, both lungs and the aorta, according to the Cobb Medical Examiner.
Thomas had a history of running from police, according to records obtained from metro police agencies. And, in at least one prior case, he drove a car toward an officer.
In a statement last week, Smyrna police said they were "satisfied this incident was thoroughly scrutinized, investigated, and evaluated." The statement pointed out that Cobb police, the GBI, Reynolds and the grand jury all concluded the shooting was justified.
“He has interacted with thousands of citizens, made hundreds of arrests, contacted numerous armed individuals, including barricaded suspects, and encountered numerous wanted felons,” Smyrna police said in a statement. “He has been involved in more than 35 foot or vehicle pursuits and has made more than 100 felony arrests.
“However, he has never before fired a weapon at anyone during the course of his sworn duties.”
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