A year ago, Avondale Estates Police Sgt. Lynn Thomas faced possible criminal charges after a civil grand jury “strongly recommended” the veteran officer be indicted for the fatal shooting of an unarmed 20-year-old.
On Wednesday, Thomas, 57, was named Avondale’s new police chief.
The stunning turn of fate was facilitated by DeKalb County District Attorney Robert James’ decision in March not to prosecute Thomas for killing Jayvis Benjamin following a high-speed chase.
Attorney Patrick Megaro, who represents Jayvis’ mother, Montye Benjamin, in a civil suit against Thomas and the Avondale police department, said the promotion marks an unprecedented lack of accountability.
“We’re used to seeing the police stand by each other even when an officer is clearly in the wrong,” Megaro said. “But I have to say this is the first time I’ve seen an officer promoted after shooting an unarmed man.”
Benjamin’s shooting was among the first round of cases heard in DeKalb by a civil grand jury impaneled by James to provide an extra layer of transparency and provide guidance about whether to seek charges against officers involved in deadly shootings.
The only officer they recommended be charged was Thomas, who joined Avondale Estates police in 2002 following a long career as an automotive machinist.
Following that recommendation, James said in March he decided to go “back to the drawing board,” bringing in an outside agency to conduct an investigation. Drago Professional Consultants concluded that Benjamin was the aggressor, “continuing his assault on the officer when Sergeant Thomas fired.”
“We clearly have a scenario here where the officer is defending himself,” James told The Atlanta Journal-Constitution. “He did not want to fight Jayvis Benjamin.”
Thomas had been in pursuit of Benjamin after spotting him driving a Ford Mustang that had been reported stolen. Benjamin was speeding through the intersection of Covington Highway and Kensington Road at roughly 80 mph. He then spun out in a stranger’s front yard, striking a parked vehicle.
Dash cam footage captured Thomas ordering the suspect to remain in the vehicle but Benjamin didn’t comply. The two men began wrestling on the ground before Thomas pulled the trigger — off-camera. But seven witnesses — all white, like Thomas — agreed that Benjamin, an African-American — left the officer with little alternative.
James, attempting to explain the civil grand jury’s decision, said his prosecutors did an inadequate job of explaining use-of-force guidelines. Also, Thomas declined to testify.
Thomas did not respond to a request for comment from The AJC. He referenced growing tensions between citizens and the police in remarks made Wednesday to the Avondale Estates City Commission.
“I think in this time where, nationally, there’s a lot of fear of the police, the more we can interact with our citizens the better,” he said.
Thomas beat out 11 other applicants to replace the retiring Gary Broden, who is also named in the lawsuit by Montye Benjamin. The candidates were evaluated by city manager Clai Brown, a “review committee” and Avondale Estates city commissioners.
Megaro said the promotion could actually strengthen his case against Thomas and the department he now leads.
“I think this helps us establish a pattern, policy and practice in place that leads officers to behave this way,” he said.
— Staff correspondent Bill Banks contributed to this article.
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