ATLANTA — The murder case against six former jailers accused of killing an inmate in Fulton County Jail is closed.
On Monday, the Fulton County District Attorney’s Office agreed to drop all the charges after one of the defendants, Arron Cook, pleaded guilty to aggravated assault and violation of oath of office of a public officer.
The case dates back to 2018 when Antonio May, 32, died after spending less than 10 hours in the Fulton County Jail.
“It really was torture,” attorney Michael Harper, who represents May’s mother and children, told Channel 2’s Courtney Francisco.
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He said May was arrested, accused of trespassing and damaging property. Harper said while in a holding cell, May told the officers he was suffering from mental illness and drug addiction.
Harper said when May refused orders to put some of his clothing back on, the six jailers went into his cell.
“[They] beat him and tased him and restrained him, pepper sprayed him, took him to the shower to decontaminate him while he was restrained, and his heart went out,” said Harper.
The case did not move forward in the court system until 2021. That’s when a Grand Jury formally charged the six with murder.
“The case languished in the DA’s Office for years. When Fani Willis came in, she took over and indicted those officers,” said Harper.
Fulton County Judge Robert McBurney reversed that indictment in 2022.
He wrote in his ruling, “The Court thus finds that all six Defendants were entitled to notice of the District Attorney’s intention to present an indictment charging them with crimes allegedly committed while performing their official duties. They were similarly entitled to appear before the grand jury as it considered the State’s presentment. Because none of this occurred, the present indictment is QUASHED.”
In 2023, the Georgia Supreme Court unanimously reversed that ruling.
The court ruled that the six do not meet the definition of a peace officer. That means they are not entitled to the same Grand Jury protections police and deputies receive.
Mark Issa is a defense attorney who worked the case. He said Monday, he and his team went into court prepared to argue immunity.
Instead, prosecutors offered to drop all the murder charges if one of the six, Arron Cook, pleaded guilty to aggravated assault and violation of oath of a public officer.
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Channel 2 Action News has reached out to the Fulton County DA’s Office for comment. As of Monday night, prosecutors have not responded.
“I believe their suggestion is going to be that the other defendants were all just following the orders of Mr. Cook or others,” said Issa.
He said after eight years in the judicial system, Cook decided to take the deal.
“It’s rare to have a case like that where they drop the murder charge,” said Issa.
A judge sentenced Cook to five years on probation, 100 hours of community service in the first year and banned him from working in law enforcement, detention or private security.
“To drop the murder charge and also be given a sentence that only results in probation where a client of mine walks away without a conviction whatsoever, these are rare results,” said Issa.
May’s family attorney, Harper, said the family will not be able to sue Cook for wrongful death.
He said the civil side of the judicial system did rule the jailers have certain protections.
“The civil courts and the legislators need to look at the fact that these officers can be held criminally liable but not civilly responsible because of qualified immunity,” said Harper.
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