Former East Point officers indicted on charges of shooting unarmed man

EAST POINT, Ga. — Channel 2 Action News has learned two former East Point police officers have been indicted in connection with a 2018 shooting.

Attorney Don Samuel told Channel 2 investigative reporter Mark Winne that he represents former police officer Rodney Etienne who will plead not guilty.

He alleges Devin Nolley tried to hit his client with his car in a parking lot, so under Georgia law, Etienne was entitled to later shoot Nolley to apprehend him after a car chase.

Nolley’s attorney, Jackie Patterson, said Nolley never tried to run over an officer and that a new indictment has the right perspective.

“Without any legal justification, they shot him in the back,” Patterson said about his client, Devin Nolley.

“Did he have a gun?” Winne asked Patterson.

“Absolutely not. And the GBI and district attorney can confirm there was never a gun on the scene or ever in his possession,” Patter said.

Three attorneys for Nolley say he lives in a nursing home as a quadriplegic as a result of gunshots fired by police in December 2018.

“Devin has to sit in a bed for 24 hours a day, seven days a week, forever. He will never regain the ability to move anything below his neck and he is absolutely devastated. He is often depressed,” attorney James Bryant said.

But the attorneys say they hope an indictment returned by a Fulton County grand jury will lead to two former East Point police officers spending much of the rest of their lives in prison.

“We are just elated that our client will get some semblance of justice in the criminal justice system,” attorney Carlos Moore said.

Fulton County District Attorney Fani Willis’ office said Monday that a grand jury indicted former East Point police officers Rodney Etienne and Shiron Nicole Varner on two counts each of violation of oath, as well as reckless conduct, aggravated assault and aggravated battery.

Willis’ office said the last two charges stem from allegations that the officers shot at Nolley in December 2018 without justification while he was running away from them after a car chase that ended on Interstate 285.

The office said the misdemeanor reckless conduct charge involves another alleged victim that the officers are alleged to have shot recklessly in a crowded shopping center, resulting in danger to a bystander shopping in a nearby store.

“Thank God Fulton County has a DA that goes with the facts and do what need to be done,” Patterson said.

In a civil case, attorneys for Etienne and Varner said in a court document:

“The actions of defendants Etienne and Varner were legal, justified, taken in good faith and with probable cause.”

“Did Devin Nolley do anything wrong?” Winne asked Patterson.

“Absolutely not,” Patterson said.

Willis sent Winne a statement, saying:

“As I have assured the people of Fulton County, all charging decisions made by the office are based on the facts and the law. That includes cases involving allegations of improper use of force by law enforcement officers.”

It added, “It is now incumbent on my office to prove this case to a jury beyond a reasonable doubt. We will do our best to achieve justice in this case.”

Georgia Peace Officers Standards and Training Executive Director Mike Ayers said Etienne voluntarily resigned from the East Point Police Department and East Point Police reported Varner resigned in lieu of termination while under investigation for stealing evidence money.

Winne attempted to reach the attorney for Varner but did not hear back.

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