A Fulton County judge ruled on Wednesday that there is not enough evidence for murder and aggravated assault charges for a 21-year-old accused in a double shooting.
Kenneth Johnston III was granted bond, but his attorney told Channel 2 Investigative Reporter Mark Winne that he won’t need it because he’s going to walk free.
“I’m very sorry a life was lost during this incident and I’m remorseful for the other family and for everything that’s happened, but I’m thankful my son will be coming home‚” Johnston’s mother Vonette Townsend said.
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His attorney, Ashleigh Merchant, says this is a clear-cut case of self-defense.
He’s accused of killing Donald Green and injuring another person in a South Fulton shooting that prosecutors and defense attorneys say stemmed from a confrontation earlier the same day at a gas station.
“Mr. Johnston III, don’t celebrate yet. The grand jury, by law, can overrule me,” Judge Todd Ashley said.
Defense investigator Charles Mittelstadt says surveillance video he obtained shows Green pointing a gun in the direction of Kenneth Johnston II, the defendant’s father. He says Green told the father that he knows where he lives.
After the father and a friend picked up the defendant, they set out to find Green. Merchant says they wanted to defuse the situation.
When they arrived, both the father and the defendant say that Green got out of his car pointing a gun at Johnston II. That’s when Merchant says Johnston III shot Green because he feared for his father’s safety.
Green’s mother remains hopeful that she will get justice for her son.
“It might take a little time, but we’re going to get justice,” she said. “Donald was never involved in violence. He never even believed in violence.”
Chief Deputy District Attorney Gautam Rao says no one called 911 after the gas station incident, the Johnstons’ car blocked Green’s in, and there were inconsistencies in their statements.
The DA’s office says South Fulton police obtained the warrants, but if there is evidence to get a conviction, the grand jury can consider bringing charges again.
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