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Written by: E. George
Published September 26, 2024 @ 4:35 PM ET
FULTON COUNTY, Ga. – On Friday, September 20, 2024, a Fulton County jury found a former Atlanta police officer not guilty in connection with the 2019 death of a man who broke into his unmarked patrol vehicle. The jury, comprised of five women and seven men, returned their decision in four hours.
When the verdict was read, Officer Oliver Simmonds let out a relieved sigh, hugged his attorney, and cried before hugging his wife and leaving the courtroom. The outcome concluded a three-year legal struggle for him.
Judge Eric Dunaway stated, “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.”
Attorneys explained that Simmonds had denied an earlier plea agreement of 20 years, serving 10 in prison and 10 on probation. He pushed for immunity from prosecution, claiming self-defense, but a judge declined the motion, and the case faced a jury trial.
Officer Simmonds, off duty and not in uniform at the time, reportedly fatally shot 18-year-old D’Ettrick Griffin on January 15 as he attempted to steal his unmarked patrol car from the Shell gas station near McDaniel and Whitehall Streets in southwest Atlanta. Simmonds said his jacket became lodged in the door, and the vehicle ran over his right foot.
After the shooting, Officer Simmonds faced charges of aggravated assault and felony murder. Simmonds’ fellow officers who arrived at the crime scene testified that the prosecution tried to describe Simmonds as “judge, jury, and executioner.”
Griffin reportedly entered Simmonds’ patrol vehicle and began speeding off. Simmonds’ attorney, Jackie Patterson, explained that he fired at Griffin because he feared for his life.
Patterson stated, “The law says, if your life is in danger, and you really believe you are about to be shot or killed, you have a right to kill that person.”
He said, “Don’t be misled when she says he shot him in the back. The law doesn’t care where he shot him. The law cares that Mr. Griffin put his life in danger and that he had no choice but to use deadly force.”
Patterson continued, “Mr. Griffin rolled the dice when he took a chance on stealing this police vehicle; a police officer has the right to defend himself in a deadly situation.”
The prosecution claimed that Simmonds lied about fearing for his life. Prosecutors said Griffin did not possess any weapons and was fleeing the scene.
Fulton County Chief Assistant District Attorney Sau Chan said of Simmonds, “That man was not in fear for anybody’s life. He just needed to get his car back because he was embarrassed by what he just did – he didn’t want to explain that to his higher-ups.”
Chief Assistant District Attorney Chan expressed that Griffin should still be alive, stating, “Justice for Mr. D’Ettrick Griffin was for him to be able to live to face his consequences and be able to sit at this table and face his consequences of a car theft, not be six feet under.”
Chan pointed out that witnesses’ accounts of the incident contradicted Simmonds’ account. Witnesses reported they observed the officer aim and fire his weapon as the vehicle drove away. Simmonds responded by saying that the witnesses offered lies in their testimonies.
Both sides of the courtroom believed the law was in their favor.
The policy of the Atlanta Police Department states that officers are prohibited from shooting at fleeing vehicles unless they fear for their lives or the lives of others. The exception permits the use of “reasonable and necessary” force.
The GBI reported that Griffin had started driving away before shots were fired, traveling just a bit before striking two parked vehicles after he was shot.
Jurors watched video surveillance and body-worn camera footage of the incident before they deliberated.
Griffin’s mother, Gaysha Glover, was overcome with emotion during the trial as she remembered that day. She said, “I tried to go see him, but they wouldn’t let me pass.”
Griffin’s relatives expressed devastation when they heard the verdict. One family member even required medical assistance from emergency medical workers.
Eric Fredrickson, an attorney representing Griffin’s family in a civil suit filed against Simmonds and Atlanta, stated, “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. How they move forward, I can’t imagine what it feels like, but I know it’s a very strong family.”
Fredrickson explained that they respected the outcome but felt great disappointment. He added that the jury’s verdict will not affect the civil lawsuit.
Patterson said, “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 run over and killed by Mr. Griffin, who stole the vehicle.”
Patterson continued, “We are fortunate and grateful that the jury realized my client used self-defense. He did not want to shoot the teen, but he had no choice.”
At the time of the incident, Simmonds was employed as a member of former Mayor Keisha Lance Bottoms’ security team. Following the shooting, he was reassigned to administrative duty, and when he was indicted, he was suspended with no pay.
Simmonds, born in Jamaica and now married with six kids, worked there as a police officer for 13 years before moving to America in 2000. In 2010, he became employed with the Atlanta Police Department.
His attorney said now, Simmonds’ “only goal is simply to try to put his life back together and move forward.”