ATLANTA -- Fulton County District Attorney Paul Howard plans to ask a grand jury to consider murder charges against three Atlanta police officers.

The big news is not only the notice of the indictment itself, but also an FBI action indicated to Channel 2’s Mark Winne that the action by the Fulton County D.A.’s Office came without any notice to either the FBI or U.S. Attorney’s Office. The official suggested the FBI investigation has not been completed and the FBI had not been notified of what he indicated was a unilateral action taken by the District Attorney.

Dramatic new developments relating to the November shooting on Neal Street -- Rand Csehy, attorney for retired Atlanta police officer, Greg Junnier, says Junnier has been notified that Fulton County D.A. Paul Howard will present a proposed indictment of Junnier and two other Atlanta police officers to a grand jury on February 26 in connection with the shooting of 92-year-old Kathryn Johnston during a drug raid in November.

Csehy says the proposed indictment is 17 counts -- 10 of them applying only to his client.

He says the most serious charge is felony murder against all three.

He says Junnier staunchly maintains his innocence. He said, “This is an overbroad and premature indictment.” He is extremely disappointed but not surprised Paul Howard broke with the joint investigation and is apparently no longer cooperating with the federal government in this investigation.

The Rev. Markel Hutchins say as spokesman for the family of Kathryn Johnston, he has twice spoken with U.S. Attorney Dave Nahmias and FBI Special Agent in Charge Greg Jones and other federal authorities in face to face meetings. He says Ms. Johnston’s niece, Sara Dozier, and others also attended one of the meetings.

He says federal authorities briefed him and Ms. Dozier. In the end, Hutchins says he and Ms. Dozier expressed their desire federal authorities handle prosecution of issues arising from the fatal shooting of Ms. Johnston in an encounter with Atlanta Police in November if charges are brought.

A statement from the U.S. Attorney’s Office was released Wednesday evening. The spokesman told Channel 2, “The U.S. Attorney and the FBI have not been contacted by the District Attorney regarding the issuance of such notices.

Channel 2 has been unable to reach D.A. Paul Howard for comment.

D.A. Paul Howard, in a letter to Markel Hutchins, said the death of Mrs. Johnston constitutes one of the greatest tragedies ever to occur in Fulton County.