DEKALB COUNTY, Ga. — A Dekalb County judge dismissed charges against two police officers who shot and killed a man in his home in 2022.
Now, the district attorney’s office wants to bring the case back to a Grand Jury to seek charges against the officers again.
A Grand Jury indicted Former Dekalb County Police Officer Russell Mathis, 30, and Officer Jordan Vance, 30, for the death of Marando Salmon, 37.
Salmon was at his home on Autumn Crest Court on Nov. 4, 2022 when Mathis and Vance responded to a call about a stolen car in the driveway of a home in Stone Mountain.
The officers knocked on the door. It swung open so they walked inside, finding Salmon in the bedroom.
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According to the Georgia Bureau of Investigation, police identified themselves and issued commands, but Salmon did not comply.
Instead, they said he threw an item at them and reached for a nearby handgun. Salmon was shot and taken to Grady Memorial Hospital, where he died.
A GBI report in December 2022 said that Salmon was never seen touching a firearm, though a gun was recovered from the room he was in.
Explaining the initial indictments, Boston said body cam footage of the incident allowed them to see “exactly what happened.”
“In a matter of seconds, Officer Mathis opened fire, shooting and killing Mr. Salmon,” Boston added.
The attorney representing the officers, Chuck Boring, pointed out to the judge that prosecutors made a misstep during the Grand Jury hearing by using the same internal affairs witness who presented inadmissible evidence. That witness presented inadmissible evidence during one of the officer’s immunity hearings too. Boring argued, that that’s not allowed.
At what was supposed to be an evidentiary hearing Friday, prosecutors told Superior Court Judge Courtney Johnson they would like to drop those Grand Jury charges and start over with a new Grand Jury.
Defense Attorney Chuck Boring said, “We wanted our client to have his day in court and be able to resolve this finally because we think, eventually, the case will be dismissed based on our immunity motion. The DA’s office now admitting their mistake just kicks the can down the road.”
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The DA’s office said the move was made to avoid potential legal issues at trial or on appeal.
A judge approved the request Friday while pointing out that prosecutors waited months to do this.
“Anytime they dismiss your indictment, it’s not a terrible thing, but we would have preferred to finish the immunity hearing,” said Boring. “I would hope that they would reflect on it and maybe make a different decision, but we’ll see what happens.”
A spokesperson for the DeKalb County District Attorney Sherry Boston said the case against former officer Russell Mathis and Officer Jordan Vance will be re-presented to a new grand jury.
“We believe the evidence against these officers is clear and we will not be deterred as we seek justice for Marando Salmon and his loved ones,” the spokesperson said.
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