DeKalb County District Attorney Sherry Boston’s office decided to scrap an indictment against two former police officers involved in the 2022 shooting death of a man in Stone Mountain over a legal technicality that may have done in the case.
An attorney defending one of the officers told The Atlanta Journal-Constitution that prosecutors had used the same internal affairs witness in front of the grand jury and during one of the officers’ immunity hearings, which isn’t allowed. That potential misstep led the DA’s office to decide, during what was supposed to be an evidence hearing, to kill its own case so it could start over with a new grand jury.
“After careful consideration, in an abundance of caution and to remove any potential legal issue that could arise down the road at trial or on appeal, the difficult decision was made to nolle prosequi the current indictment,” Boston’s office said in a statement.
Former DeKalb County Police officer Russell Mathis, 30, was indicted on charges of felony involuntary manslaughter and misdemeanor reckless conduct, while current Officer Jordan Vance, 30, was indicted on a charge of reckless conduct in the death of Marando Salmon, 37, at a home on Autumn Crest Court on Nov. 4, 2022.
Credit: GBI
Credit: GBI
Mathis and Vance responded to a call about a stolen car parked in the driveway of a home in Stone Mountain, the AJC previously reported. Vance knocked on the front door, which swung open. At that point, the officers entered and began clearing the residence.
According to the DA’s office, Mathis went to a second-floor bedroom, opened the door and encountered Salmon sitting in bed in the dark.
“In a matter of seconds, officer Mathis opened fire, shooting and killing Mr. Salmon,” Boston said in a news conference announcing the indictment.
On Friday, during what was supposed to be an evidence hearing, prosecutors told Superior Court Judge Courtney Johnson they wished to drop the charges.
Johnson admonished the DA’s office for waiting months before asking for the charges to be dropped, saying they knew about issues with the indictment but waited until the last minute to do something about it.
Johnson said she was concerned about the defendants and the victim’s family having to wait longer for a resolution on the case.
Mathis’ attorney, Chuck Boring, said the victim’s family and the two defendants deserved finality, and dropping the charges was just the state “trying to save face” for something that was their fault.
“We wanted our client to have his day in court and be able to resolve this finally, because we think eventually the case will be dismissed based on our immunity motion. The DA’s office now admitting their mistake just kicks the can down the road,” Boring said.
In a statement, Boston’s office said prosecutors disagreed “with the defense’s claims, and we were fully prepared to move forward today and address them with the court” after defense attorneys raised concerns “a potential issue involving the presentation of evidence at the Grand Jury and requested dismissal of the case.”
A lawsuit filed by Salmon’s family in September claims Mathis fired six rounds inside the bedroom, striking Salmon four times. DeKalb’s Internal Review Board found Mathis’ use of force was not justified, and the board ruled in a 3-2 vote that the officers’ warrantless entry violated DeKalb police policy, according to the complaint.
Mathis resigned while under investigation in May 2023, while Vance was terminated in March 2024.
Boston said the GBI was called to investigate the shooting and turned in their findings to the DeKalb DA’s office in March 2023. Her office also investigated.
“There (was) bodycam footage of the incident so we were able to review exactly what happened, and it became very clear to us based on everything we reviewed that there was criminal culpability by each of these officers in this particular case,” Boston said.
An initial statement from the GBI after the incident said Salmon was reaching for a gun when he was shot. A GBI update the month after said Salmon threw an object and was reaching for something; later, agents recovered the handgun.
In a statement, the DA’s office said they plan to present the case to a new grand jury and believe the evidence against both former officers is clear and “will not be deterred as we seek justice for Marando Salmon and his loved ones.”
Boring said he hopes the DA’s office reconsiders its plan to reindict the case.
“Anytime they dismiss your indictment, it’s not a terrible thing, but we would have preferred to finish the immunity hearing,” he said. “I would hope that they would reflect on it and maybe make a different decision, but we’ll see what happens.”
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