ATLANTA — The Fulton County District Attorney’s Office says it will not file criminal charges against an Atlanta police officer accused of killing a man while he was off duty.
The decision comes as the two-year anniversary of Devon Anderson’s death approaches. Devon Anderson’s mother, Valerie Anderson, says she is devastated by the decision but plans to continue fighting for accountability.
“I love my son very much, and I miss my son. And I am going to get justice for him no matter how long it takes,” Valerie Anderson said.
She said she learned the Fulton County DA’s Office would not pursue an indictment against Atlanta police officer Melvin Potter during the June 22 Public Safety Committee meeting.
Atlanta Police Deputy Chief Jason Smith discussed the decision at the meeting.
“Fulton County DA’s office has closed their investigation. They have found no criminal charges. No criminal charges are going to be filed, and he has been cleared,” Smith said.
The District Attorney’s Office also released the following statement:
The Fulton County District Attorney’s Office will not be seeking an indictment of Atlanta police officer Melvin Potter in this matter,” the office said in a statement. “The investigations conducted by the GBI and this office indicate that Officer Potter was justified in his use of force pursuant to Georgia’s self-defense laws.”
The DA’s Office added, “Our office seeks indictments only in cases in which we have a good faith belief that a defendant is guilty. Because we believe the defendant in this matter has a justified claim of self-defense, we are not seeking an indictment.
For Valerie Anderson, the decision was difficult to accept.
“You’re not doing right by me or my son,” she said during the meeting.
The shooting happened on Aug. 5, 2024, at a shopping plaza on Old National Highway in South Fulton.
According to the Georgia Bureau of Investigation, off-duty Officer Melvin Potter got into an argument after leaving a birthday party for a South Fulton police officer at the plaza. A witness told investigators Devon Anderson was trying to de-escalate the situation when he was shot.
“It doesn’t change anything for me. I am still going to fight for my son,” Valerie Anderson said.
Valerie Anderson said she is now focused on the Atlanta Police Department’s internal administrative investigation and wants Potter fired.
“I am going to exhaust every option that I have to hold Melvin Potter accountable, and that includes him being fired,” she said.
Potter was arrested following the shooting, but he only faced a misdemeanor obstruction charge after South Fulton police said he refused to provide a sample for a blood alcohol test. He also has a DUI conviction on his record.
“He has walked away from so many wrongdoings, and nothing is still being done,” Valerie Anderson said.
Atlanta police said their administrative investigation is still ongoing and is expected to wrap up in the coming weeks. Smith said the department typically waits until the District Attorney’s Office finishes its investigation before they complete theirs.
“My son has a community that loved him and misses him very much,” Valerie Anderson said.
Valerie Anderson said a boxing gym in Riverdale was named in honor of her son in May.
Channel 2’s Eryn Rogers reached out to Atlanta police for an update on the status of the administrative investigation and is awaiting a response.
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