• Former APD officer accused of murder turns himself in

    By: Steve Gehlbach

    Updated:

    ATLANTA - The former Atlanta police officer accused of murder in a Midtown shooting turned himself in Saturday afternoon. 

    The Fulton County District Attorney's Office announced Friday evening that an arrest warrant was issued for former officer James Burns. 

    Burns fatally shot Devaris Rogers, a man suspected of breaking into a car more than two weeks ago in Midtown.

    Burns is charged with felony murder, aggravated assault with a deadly weapon and two counts of violation of oath in the death.

    The Fulton County Sheriff's Office tells Channel 2 Action News there is no bond for Burns.   

    This all started when an off-duty officer working security at an 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.


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    According to the officer, Rogers jumped into a car and tried to drive away when he opened fire and shot Rogers in the head. 
     
    Prosecutors say Rogers made no attempt to strike officers, and Burns was standing safely at the rear of his own squad car when shots were fired.
     
    Police said the evidence suggests the officer fired his gun without really knowing who was in the car and when he opened fire, he violated the department's policy.
     
    Prosecutors say Burns wasn't provided with any facts describing Rogers as a threat to the officer or the public. 
     
     
     

     

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