For Oliver Simmonds, the weight of the “whole world has been lifted off his shoulders” after the former Atlanta police officer was acquitted Friday afternoon in the death of an 18-year-old who allegedly tried to steal his unmarked patrol car five years ago.
“Him and his family, they’re elated that they can now move forward and try to put their lives back together,” Simmonds’ attorney, Jackie Patterson, told The Atlanta Journal-Constitution late Friday afternoon.
The Fulton County jury found Simmonds, who once served on ex-Mayor Keisha Lance Bottoms’ security detail, not guilty of felony murder and aggravated assault in the fatal shooting of D’Ettrick Griffin at a gas station in 2019.
Simmonds became emotional and began to cry, hugging Patterson after the foreperson read the verdict.
“Mr. Simmonds, the jury having found you not guilty of both aggravated assault and felony murder, you are discharged and acquitted and you are free and excused,” Judge Eric Dunaway told Simmonds after the jury was dismissed.
The former officer wiped away tears and hugged his wife before exiting the courtroom.
He was off duty when he shot and killed Griffin after the teenager allegedly tried to steal his vehicle at a southwest Atlanta gas station, authorities said. Patterson said they never denied that Simmonds killed Griffin, simply that he was acting in self-defense because he feared for his life.
“The jury did reach the right verdict because my client, Mr. Simmonds, was simply in fear of his life thinking that he was going to get ran over and killed by Mr. Griffin, who stole the vehicle,” Patterson said.
The case brought attention to an ongoing debate over when — or even if — officers should fire at fleeing vehicles.
Atlanta Police Department policy prohibits officers from firing their weapons to stop a fleeing vehicle but carves out a broad exception that allows a “reasonable and necessary” use of force.
The jury of seven men and five women deliberated for nearly four hours Friday before reaching a verdict. Prosecutors said Simmonds earlier declined a plea offer of 20 years, with 10 years in prison and the other 10 on probation.
He had sought immunity from prosecution, saying he pulled the trigger to defend himself, but a judge denied his motion and sent the case to a jury.
Simmonds, who wasn’t wearing a uniform at the time, was pumping gas when Griffin jumped into his unmarked patrol car on Jan. 15, 2019, authorities said. Simmonds, who was 53 years old at the time, said his jacket was caught in the door of the vehicle and his right foot was run over.
“I was so devastated, I feared for my life,” Simmonds testified, adding that he pulled out his service weapon and fired at Griffin in the fleeing vehicle.
Patterson argued his client’s life was in danger after Griffin “made the decision” to steal the patrol car.
But during closing arguments Friday, Chief Senior Assistant District Attorney Sau Chan said Simmonds acted as “judge, jury and executioner” when he fatally shot Griffin. Chan added that Griffin should still be alive to face consequences for allegedly taking the car.
“That man was not in fear for anybody’s life, he just needed his car back because he was embarrassed,” Chan said, adding that Simmonds didn’t want his higher ups to find out about the stolen vehicle.
Credit: Jonathan Hibbert
Credit: Jonathan Hibbert
Chan said witnesses contradicted Simmonds’ account of events that night.
Those who were at the gas station testified they saw Simmonds pull out his weapon and fire at the vehicle as it raced away. Simmonds said the witnesses lied on the stand.
According to the GBI, Griffin had begun to drive off before Simmonds fired multiple shots at him. The car traveled a short distance before crashing into two parked vehicles, with Griffin, who was unarmed, dead inside.
Video surveillance of the incident was shown to the jury during trial and then during deliberations, per their request. Body camera footage from after the incident was also shown during trial.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
Griffin’s mother, Gaysha Glover, became emotional in court as she recalled learning of her son’s death.
“I tried to go see him, but they won’t let me pass,” Glover said.
Attorney Eric Fredrickson, who represents Griffin’s family in a civil lawsuit against Simmonds and the city, said Friday they respected the jury’s verdict but were disappointed. He said the verdict does not impact the civil case.
“I can’t imagine what it’s like to have to sit through that, when the person who shot your son is sitting there on trial,” Fredrickson said.
He described the family as “amazing” and “strong people” who have been through a lot.
“How they move forward, I can’t imagine what it feels like, but I know it’s a very strong family,” he said.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
Simmonds was initially assigned to an administrative role after the shooting and was suspended without pay following the indictment. An emergency hearing had been scheduled to determine his fate with the department before he retired.
Simmonds was born in Jamaica and served as a police officer there for 13 years before coming to the U.S. in 2000. He joined APD in 2010 and is married with six children.
Patterson said his client is now looking forward to moving on with his life.
“His only goal is simply to try to put his life back together and move forward,” he said.
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