White ex-officer charged in death of black Atlanta man

James Burns, who was sacked from the Atlanta Police Department on Tuesday, was charged in Fulton County with felony murder, aggravated assault with a deadly weapon and two counts of violation of his police oath, the Fulton County District Attorney’s Office said in a statement.

He faces one count each of felony murder and aggravated assault with a deadly weapon and two counts of violation of his oath of office.

Burns – who has since been fired – is accused of shooting Deravis Caine Rogers, 22, on June 22 in the city’s Midtown area.

On the night of June 22, Burns responded to an apartment complex in northeast Atlanta to assist an off-duty cop with a report of a man breaking into a vehicle, who was said to have fled on foot.

Police said the evidence suggests the officer fired his gun without really knowing who was in the auto and when he discharged his gun, he violated the department’s policy. He shot Rogers after seeing him drive out of the parking lot, but authorities determined there was no indication that the unarmed victim had committed any crime.

James Burns was charged with murder Friday.. Despite this, Burns fired once into the passenger window of Rogers’s auto as it passed by him, killing him.

“We know the officer did not ID the person in the vehicle”, Atlanta Police Department Sgt. Warren Pickard said at the time of Burns’ termination.

He claimed he was blinded by Rogers’ headlights, adding to his fear, sensing the vehicle was about to strike him dead, which is when he pulled out his gun. “Neither was Rogers identified as the man the off-duty officer had previously reported”. Several other off-duty officers then arrived, and Rogers still attempted to leave. He was rushed to a local hospital where he later died.

Burns was sacked at the beginning of July when an internal police investigation found that he had used excessive force in his encounter with the deceased.