ATLANTA - A man who was convicted in the shooting of a police officer in 1987 could end up facing murder charges 32 years later following the officer’s death.
Atlanta police Officer J.J. Biello was shot during a robbery in April 1987 and was left paralyzed. He died Monday.
“I’m going to miss him. Very much so,” Biello’s brother, retired Atlanta Police Department Lt. Tony Biello, said.
Tony Biello said he was on a date at a dinner theater when police stopped the show looking for him so he could learn that his brother had been shot interrupting a holdup at a restaurant on Roswell Road, where he worked for an extra job.
“I knew immediately something bad happened to J.J.,” Biello said.
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J.J. Biello would spend the rest of his life as quadriplegic. Now, his brother is waiting on the results of a Georgia Bureau of Investigation autopsy to find out if J.J.’s death Monday night was the result of his injuries from 32 years ago.
“They are looking at Mr. Biello’s previous injuries in an effort to determine if this is a delayed homicide,” said Nelly Miles, with the GBI.
David Timothy Moore was convicted of armed robbery and aggravated assault in the case.
If the medical examiner determines Biello died from his injuries in that shooting, Fulton County District Attorney Paul Howard says he is legally able to charge Moore with murder.
In a statement from Howard’s office, he said:
“We are awaiting the opportunity to review the results of the autopsy which is being conducted by the GBI, But, based upon the information we have received thus far, it appears the injuries Detective Biello sustained during the armed robbery and aggravated assault by David Timothy Moore on April 15, 1987, ultimately led to his death.
“Our research indicates it is legally permissible to prosecute David Timothy Moore for the death of Detective Biello even though he was convicted of aggravated assault.
“We will examine all of the facts and circumstances before making a final decision.”
Tony Biello said his brother led an extraordinary life following the shooting, including serving four terms as a Cherokee County commissioner. Part of that time he served as the chair of the commission.
Defense attorney David Wolfe said he represented Moore after his conviction, which led to a sentence of life plus 60 years.
Wolfe said if he represents Moore again, he would argue there is a double jeopardy issue if he were charged with murder. He also said that in 1987, a person was eligible for parole after seven years if convicted of murder.
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