DA: No criminal charges in DeKalb recruit death

DEKALB COUNTY, Ga. — Channel 2 Action News has learned there will be no criminal charges filed in the 2013 death of a DeKalb County Sheriff's Office recruit,  amid another recent change in the Medical Examiner's report, and a current fight against revoked certifications for the deputies involved in the training.

The DeKalb County District Attorney's October decision in the 4-year-old case came to light as Channel 2 Action News began asking questions related to one of the deputies at the center of the investigation.

That deputy, Major L.J. Roscoe,  is set to start a South Carolina police chief job next month while she continues to appeal a revoked law enforcement certification tied to her overseeing training.

[PHOTOS: DeKalb Sheriff's Office recruit George Ward with his family]

In 2014, Channel 2 Action News revealed never-before-seen video of George Ward's final hours.

Ward, a 2013 DeKalb County Sheriff's Office recruit, was singled out in training by wearing a pink shirt, and struggled to breathe during the course of that training.

After reviewing the video in 2014, the county's contracted Medical Examiner, Gerald Gowitt, amended Ward's death certificate, changing the natural cause of death to an undetermined manner of death caused by "Myocardial Fibrosis Aggravated By Physical Exertion."

Gowitt credited Channel 2's reporting re-examining the cause of death that was amended and forwarded to investigators.

In the summer of 2016, the Georgia Peace Officer Standards and Training Council used a Georgia Bureau of Investigations report to determine three deputies lacked standards of duty in handling the recruiting class, particularly Ward.

[READ: GBI asked to look at DeKalb jailer training after death]

This included Roscoe, who immediately appealed the decision rooted in recruit treatment and Gowitt’s amended death certificate. The appeals process can last several years.

Roscoe is awaiting a scheduled hearing before a state administrative law judge, but she has the opportunity to appeal to several higher courts.

When Carr reached out to Roscoe on Monday, she received a call from the deputy’s attorney, Lance LoRusso. LoRusso forwarded a copy of an affidavit signed by Gowitt  on May 16, 2018.

Gowitt, who recognized his previously amended determination, goes back to deciding it was not heat exhaustion or physical exertion that led to Ward’s death, rather his diseased heart.

[READ: Fellow recruit describes training day before George Ward's death]

“Based upon the information and examination available to me, it is my opinion to a reasonable degree of medical certainly, more likely than not, that Mr. Ward could have suffered a similar fate taking a brisk walk on level ground or any number of other analogous physical activities,” Gowitt swore.

“It’s ironic for a medical examiner to have a complete turn around when they’ve made a declaration of the cause of the manner of death,” said Harry Daniels, the Ward family attorney. “It’s convenient for Roscoe when it’s time for her to get a job . That’s what I believe.”

POLICE CHIEF OF GOOSE CREEK , SOUTH CAROLINA

In October, Roscoe was unanimously voted in as the Goose Creek, South Carolina Police Chief. Records show she’ll begin the $115,000 annual salary position in late January.

She was chosen from a pool of 76 applicants.

Emails obtained through an Open Records Request document the Goose Creek City Administrator’s frustration with a recent local report that revealed Roscoe’s certification questions in Georgia.

[READ: 2 DeKalb sheriff's employees under investigation in recruit death]

"We did NOT tell him anything,” James Broom wrote to the City’s mayor and public information officer, referring to WCSC-TV reporter Harve Jacobs.

The Nov. 12 email linked to Jacobs’ report regarding the POST certification revocation.

“I’m not sure who leaked this, but I’d imagine it is someone in the Police Department,” Broom continued.

Two days later, Broom e-mailed a statement to Jacobs, declaring Harvey had been cleared of any wrongdoing by the GBI, District Attorney’s Office and the DeKalb Medical Examiner.

[READ: State orders DeKalb to stop training jail recruits after Channel 2 investigation into death]

The statement came a day after the Goose Creek City council unanimously confirmed Roscoe as Police Chief.

“I was fully aware of the situation prior to offering her the position and I remain entirely comfortable with it,” Broom wrote. "I’m disappointed that this tragic event is being brought up to discredit her term as Chief before she even gets started.”

Broom goes on to tell Jacobs that Roscoe “doesn’t deserve” this story that may be an attempt by a losing candidate to tarnish her reputation.

[READ: State revokes certification of jailers in wake of Channel 2 investigation]

The emails prompted Channel 2 investigative reporter Nicole Carr to check on the status of the case in the DeKalb County District Attorney's Office.

In a statement, District Attorney Sherry Boston confirmed her office would not prosecute the case, which had been closed on Oct. 27. That date is approximately five months after Gowitt’s third determination of Ward’s death.

The case began with Boston’s predecessor, Robert James, who lost re-election to Boston in 2016.

[READ: Family to sue DeKalb County for $10 million over recruit death]

Ward’s family, who lost a fight to sue DKSO due to workplace compensation laws, had not been notified of the D.A.’s decision.

“The first time we were notified was today when we was notified by you all, “ Daniels told Carr, noting a breach of victims’ rights.

Carr also reached out to Broom, and was forwarded to the Goose Creek public information officer. After explaining the revocation process and ME reports, the city responded that it was standing by Broom’s previous statement about Roscoe.

[READ: Mother files $20 million suit over recruit death]

DeKalb County Sheriff Jeff Mann declined to launch an internal investigation of Ward’s death when he was second in command, telling Channel 2 in 2014 that “The Medical Examiner’s report speaks for itself.”

Mann, who also in the middle of appealing his recent POST certification revocation, facilitated a visit with Broom prior to the hiring decision, according to records.

He also released a statement in support of Roscoe, noting she’d never had certification revoked or been suspended.

“As her commander, I cannot say enough about Major Roscoe’s exemplary service to the citizens of DeKalb County, Georgia during her entire career with the sheriff’s office,” Mann said in part of a statement. “Our office will miss her dedication and commitment to public safety but we know that she will be a tremendous asset to the community of Goose Creek and its citizens.”

When Carr asked LoRusso about Roscoe’s pending certification appeals process, he said "It appears from the onset that POST was concerned that physical exertion Ward was exposed to contributed to his death. That was clearly not the case.”

Cox Media Group