The family of a man who was shot and killed by a Gordon County deputy after a 2023 traffic stop and chase filed a federal lawsuit Monday against the deputy, the sheriff’s office and the county.
Deputy Aaron “Storm” Carnes tried to pull over Billy Dewayne Couch near Resaca, just off I-75 between Calhoun and Dalton, around 1 a.m. on Jan. 24, 2023, for not having a tag light, authorities said. Gordon County Sheriff Mitch Ralston said at the time that Couch, instead of stopping, led the deputy on a chase that ended at his home in the small community of Sugar Valley.
“My father should be alive today, living his life and seeing his grandchildren grow up,” Kelsey Morgan Brown, Couch’s daughter, said in a statement. “Instead, this senseless act of violence by a Gordon County sheriff’s deputy took him from us forever. We are bringing this lawsuit to try to get justice the only way we can think of in the midst of this immense tragedy.”
The Gordon County Sheriff’s Office told The Atlanta Journal-Constitution it does not comment on pending litigation.
This was the second fatal shooting Carnes was involved in within months.
According to the lawsuit, Couch pulled into the backyard and driveway of his family’s home with Carnes following him and attempting to place him under arrest. Carnes was able to block Couch’s vehicle from fleeing and then gave commands for Couch to show his hands, according to the GBI.
Couch got out of the vehicle, with Carnes continuing to give Couch commands before shooting him, according to the GBI. According to the lawsuit, Couch “did not threaten Deputy Carnes, make any sort of threatening motion or do anything that would pose a threat to the officer or anyone else” and was “obviously terrified.”
The lawsuit alleges Carnes pointed a gun at Couch, charged toward Couch with his gun drawn, shouted profanities and commanded him to show his hands. According to the lawsuit, Couch raised his hands in the air to show he was unarmed and turned to find safety.
“Despite the fact that Mr. Couch was unarmed, had shown Carnes his hands, and was moving away with his back turned toward the deputy, Defendant Carnes shot him,” the lawsuit alleges.
According to the complaint, Carnes did not give prior warning before firing four shots at Couch. Three of the bullets struck Couch — one in the back, one in the shoulder and one in the side — and none of the bullets hit Couch in the front of his body, the lawsuit states.
“When Deputy Carnes shot him, Mr. Couch was not a threat to the deputy or any other person,” the lawsuit alleges. “When Deputy Carnes shot him, Mr. Couch was unarmed, nonthreatening, and in the backyard of the place he lived.”
The lawsuit alleges Carnes continued to point his gun at Couch, while he was on the ground “bleeding out and dying in the mud” and refused to provide medical care. Couch was taken to a local hospital where he was pronounced dead.
According to the lawsuit, Carnes made up a “fake reason” as to why he shot Couch and falsely claimed Couch made a “drawing motion” with his arm and stepped toward him.
The lawsuit also alleges Carnes was involved in the fatal shooting of a man in April 2022, following a high-speed chase. Chris Honea, 26, is alleged to have “made a movement toward his waist” as Carnes and another deputy closed in to arrest him, according to the GBI, resulting in Honea being shot at by officers.
A GBI Investigative Summary makes note of a letter from the Cherokee Judicial Circuit Attorney’s Office that determined the 2022 shooting was justified after a search determined Honea had a knife.
The lawsuit alleges Carnes didn’t face any disciplinary action for fatally shooting Couch.
According to Georgia Peace Officer Standards and Training Council records, Carnes has been with the Gordon County Sheriff’s Office since June 2018, when he joined as a jailer. He was promoted to deputy on June 2021 and has no disciplinary history.
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