Former police officer re-indicted on murder charges in 2016 fatal shooting

Former police officer re-indicted on murder charges in 2016 fatal shooting

ATLANTA — A former Atlanta police officer has been re-indicted on murder charges for the killing of a 22-year-old man in 2016.

Burns was terminated from the Atlanta Police Department the following month because the investigation revealed he used "unnecessary and unreasonable" force.

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Channel 2's Nefertiti Jaquez broke the news of the new indictment on Twitter, moments before the Fulton County District Attorney's Office sent out a news release announcing the new charges.

This all started when an off-duty officer working security at the apartment complex called in for backup when he spotted a man breaking into a car.

When Burns arrived on scene, he said he spotted Rogers.

According to the officer, Rogers jumped into a car and tried to drive away when he opened fire and shot Rogers in the head.

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Police said the evidence suggests the officer fired his gun without knowing who was in the car, and when he opened fire he violated the department's policy.

Last month, the Fulton County District Attorney's Office said it had to drop the charges against Burns, because of a new U.S. Supreme Court ruling, and Burns was released.

A new grand jury handed up the indictment Wednesday, charging Rogers with felony murder, aggravated assault and violation of oath of a public officer.

"Today’s murder re-indictment against James Burns is further proof that the Fulton County District Attorney’s Office is fully committed to the complete prosecution of this case. We just want to make sure justice is served,” Fulton County District Attorney Paul Howard said.