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Written by: A. Smith
Published August 20, 2025 @ 9:34 AM ET
FULTON COUNTY, Ga. – A Fulton County jury has acquitted a man accused of killing an off-duty sheriff’s deputy after he testified the deputy repeatedly propositioned him for sex before the shooting.
Alton Oliver, 26, was found not guilty on all charges Friday in the 2022 death of Deputy James Thomas Jr. The verdict followed more than nine hours of jury deliberations and came after an unusual moment in court when Judge Henry Newkirt mistakenly read the decision as guilty before quickly correcting himself. Audible sighs of relief filled the courtroom when he clarified that Oliver had been acquitted.
Oliver had faced six charges, including murder and aggravated assault.
Over the weeklong trial, Oliver took the stand in his own defense, telling jurors he acted in self-defense while walking home from work around 4:30 a.m. on Bolton Road in northwest Atlanta in December 2022.
According to Oliver, Thomas approached him three times in his personal vehicle, offering him a ride and demanding sexual favors. On the third encounter, Oliver said he became “spooked,” pulled out his gun, and fired into the deputy’s car.
“Mr. Thomas comes back a second time, he comes back with the headlights off,” Oliver testified. “He blurts out, saying, ‘Get in, let me give you a ride. Let me suck your d—.’ … As he gets close, I get spooked. I pull my firearm from my waistband and I fire it in his direction.”
Oliver’s attorney argued the deputy’s alleged behavior justified the use of deadly force.
Prosecutors contended the shooting was not self-defense and pointed to inconsistencies in Oliver’s story. They noted he did not initially tell police about the sexual propositions.
During cross-examination, Oliver said he withheld details at first because he was in shock and did not want to speak without a lawyer present.
Atlanta homicide detective Scott DeMeester later confirmed under questioning that investigators were told Thomas may have “solicited or offered sexual favors” to Oliver.
Jurors declined to comment after the decision, which cleared Oliver of all charges.
At the time of the shooting, Oliver had no criminal history beyond a few traffic violations.