GBI FINDINGS OUTLINED

Within an hour of the officer-involved shooting of Jonathan Ayers
Sept. 1, members of the Georgia Bureau of Investigation were called in
to lead the investigation.

Following more than a month of witness interviews, forensic
examinations and fact-seeking, the GBI handed over the 1,100-page
report to Mountain Judicial Circuit District Attorney Brian Rickman.

On Dec. 15, the Stephens County Grand Jury began examining evidence
and hearing testimony on the facts of the case.

For four days, grand jurors examined the hundreds of pages of
documents and photos, along with enhanced video from the Shell station
where the shooting took place and audio recordings of investigation
interviews.

Jurors, who not only were charged with examining all evidence gathered
in the case, but also listened to witnesse and expert testimony and
were allowed to subpoena any information they deemed necessary, were
tasked with two functions; determining if the GBI had conducted a
thorough, fair and unbiased investigation, and determine if the
officers involved in the shooting were subject to criminal
prosecution.

With the grand jury's presentment, all records relating to the Ayers
death became subject to Georgia's Open Records Act, and district
attorney Brian Rickman released them on Monday.

Following are excerpts from the five-volume case report:

A) Case introduction:

On Tuesday, September 1, 2009, at approximately 2:50 p.m., Special
Agent Megan Miller along with Special Agent in Charge (SAC) Mike Ayers
met with Sheriff Randy Shirley with the Stephens County Sheriff's
Office for the purpose of this investigation.

Sheriff Shirley advised agent Miller and SAC Ayers of an
officer-involved shooting that had just occurred at the corner of
Currahee Street and Broad Street in Toccoa, Stephens County, Georgia.
The individual shot in this incident was driving a burgundy Honda
Civic that had traveled down Broad Street and crashed at the corner of
Tugaloo Street and Broad Street. The Georgia State Patrol was working
the incident.

The officer involved in the incident was an employee of the Stephens
County Sheriff's Office detached to the Mountain Narcotics Criminal
Investigative Suppression Team (NCIS). Sheriff Shirley informed agent
Miller that the shooting occurred at the Shell station at the corner
of West Currahee Street and Broad Street. No further information was
obtained.

B) An investigate summary of the events leading up to, during, and
following the shooting of Ayers. This summary was used in various
documents, including several search warrant applications:

On Sept. 1, 2009 at approximately 2:25 p.m., agents of the Mountain
Judicial Narcotics Criminal Investigation and Suppression (NCIS) were
conducting and undercover operation in the city of Toccoa involving he
purchase of controlled substance by officers acting in an undercover
capacity. Agents were established in a room at the Relax Inn fro the
purpose of making controlled purchases of narcotics. A female target
came to the room and sold crack cocaine to an undercover officer. The
female target stated that "this is all he had; he was short but will
bring me some in a few minutes."

The target invited the officer to walk to the store with her. The
undercover officer accompanied the female target to the Exxon at the
corner of S. Broad and Currahee where the female purchased cigarettes.
While walking back to the room, the female target waved down a maroon
car and called out the name "Jay."

The female target instructed the officer to return to the room at the
Relax Inn and wait. The undercover officer relayed that observation to
his surveillance team. Officers engaged in surveillance observed the
white male driver of the maroon car hand money to the female target.

There were no other occupants observed in the maroon car. The female
target returned to the Relax Inn and told the undercover officer that
she would not have the additional drugs until later in the evening and
that he could pick them up anytime before 5:00.

The undercover officer left the Relax Inn and met with his
surveillance team at another location. While traveling back to the
Relax Inn area to conduct further surveillance, an NCIS agent observed
the maroon car travelling on Currahee Street and pulled into the Exxon
at S. Broad St. and Currahee.

That agent observed the driver exit the store at the Exxon station and
identified him as the same person who made contact with the female
target earlier. The agent approached the car and identified himself as
an NCIS agent and displayed his badge.

The driver accelerated quickly backwards causing one agent to have to
jump out of the way to avoid being struck then accelerated rapidly
forward. One NCIS agent fired towards the maroon car, apparently
striking the driver.

The maroon car traveled on Broad Street, coming to rest in the grassy
lot at the intersection of N. Broad Street and West Tugaloo Street.
The driver, later identified as Jonathan Paul Ayers, was wounded by an
apparent gunshot wound. ...

The female target was placed under arrest and identified as Joanna
Kayla Barrett.

Barrett was interviewed by agents of the GBI and said that she knows
Ayers as "Jay" and identified him by the photograph depicted on the
driver's license issued to Jonathan Paul Ayers. Barrett said that she
had been performing sexual acts with him for money for the past four
years, generally meeting with him for that purpose several times a
month.

Barrett said that this afternoon (Sept. 1) Ayers picked her up at the
Goodyear store and dropped her off a short distance away. Barrett
further stated that Ayers gave he $20 that she used to pay on her rent
at the Relax inn.

Officers confirmed that Barrett paid $20 on her rent this afternoon at
the Relax Inn. ... Barrett has a criminal history and is a convicted
felon.

C) INTERVIEW WITH BILLY SHANE HARRISON, who is employed as an officer
with the Mountain Judicial NCIS Team,

Harrison stated that on this date, he was dressed in civilian clothes
that consisted of a white T-shirt with black designs, OD green pants,
and brown hiking shoes.

Harrison has a Mountain Judicial NCIS badge that is carried around his
neck on a cord. Harrison was not wearing a hat. Harrison never
displayed any other identification, other than the badge, during the
confrontation.

Harrison stated that he came to work on this date at about 9
a.m.

Harrison met with the other agents at the Drug Task Force Office n
Clarkesville, Georgia and came over to Toccoa at approximately 10:30
a.m. Harrison was with Deputy Commander Chance Oxner, Agent Marion
Banks, and Agent Dustin Morgan (who is with the Georgia National
Guard) and traveled to Toccoa for the purpose of meeting a
confidential informant (CI) on a different investigation. The agents
met with the CI and attempted a control purchase of narcotics but the
target was not at home. The narcotics investigation ended at
approximately 11:30 a.m.

After terminating the narcotics investigation, Harrison and the agents
went to Arby's restaurant to eat. While at the restaurant, they met
with Agent Herman Chronic.

Deputy Commander Chance Oxner had gone back to Clarkesville, GA. Oxner
had a case open on Kayla Barrett and had made a prior purchase of
crack cocaine from her.

The office was also investigating Barrett for a prostitution charge
because she had mentioned it several times in the past, during the
previous buys with Deputy Commander Oxner.

Agents were going to make a follow up purchase of crack cocaine from
her on this date with Oxner working as the undercover operative.

The task force intended to arrest Barrett today. Harrison along with
Agents Banks, Chronic and Morgan, were on the cover team.

The agents were riding in Chronic's Ford Explorer and pulled up close
to the Relax Inn then put Agent Oxner out so that he could walk to the
Relax Inn to Room 9, which was Barrett's room.

Barrett lives with a black male, identified as Sterling Williams. The
cover team was monitoring Oxner through his cellular telephone, which
he had called Harrison's cellular telephone, and left his telephone
clipped to his belt so that the agents could listen to hi through
cellular telephone communication. Goth entrances to the Relax Inn were
under visual surveillance by the cover team.

The cover team had positioned their vehicles behind a cinder block
building beside the gas company. Harrison believed that the cinder
block building was currently abandoned.

The cover team had listened to the conversation.

The cover team had a pre-arranged verbal takedown signal (this looks
like good stuff). The verbal takedown signal was never given because
Barrett set up the deal and walked across the street to the Lounge
(Harrison was unable to see visually) and came back and gave the crack
cocaine to Agent Oxner.

Agent Oxner stepped out and said that she had shorted him but said he
was going to obtain additional crack cocaine when her source had
cooked some more. The source had indicated to Barrett that he was
going to bring more crack cocaine to the hotel, so the cover team
waited to see if they could catch the individual bringing more drugs
to the Relax Inn.

Agent Oxner and Kayla Barrett walked down the road to the Exxon
station on Currahee Street. The cover team kept a visual surveillance
on him the entire time. The cover team knew that Oxner had entered the
store because they could hear the gambling machines in the background
of the telephone conversation.

The cover team drove by and watched Oxner come out of the store. Oxner
and Barrett walked up the sidewalk, towards the Relax Inn. As they got
closer, the cover team started back towards the Relax Inn in their
vehicle.

As Oxner was preparing to turn into the Relax Inn, the cover team was
going to drive by and get a closer look inside the parking lot so that
they would know if anyone else was in the parking lot.

As the cover team drove past, they saw Kayla Barrett talking to
someone in a burgundy colored Honda Civic which was parked on a road
at a stop sign past the Relax Inn coming on to Currahee Street.

The cover team saw money exchange hands between Barrett and a white
male driver. Barrett approached the vehicle and was leaned up into the
passenger's side window.

Oxner had tuned up into the Relax Inn when the cover team last saw
him. Harrison stated that he could not determine who was giving or
receiving moneys during the transaction. Harrison stated that the
cover team was driving slowly at this time.

Harrison described the driver as a white male with thick hair, a
light-colored shirt, and knew it was a newer model burgundy Honda Civic.

Harrison stated that he could not get a tag number on the vehicle
because the vehicle was facing Currahee Street. The cover team
attempted to turn around and saw the individual pull out. The
individual went back towards the Exxon station. Harrison did not see
the individual again. ...

Oxner left the Relax Inn and the cover team picked him up walking on
the backside of the Relax Inn. Harrison believed that he met up with
Barrett again after Barrett left the Honda. Oxner went back to
Barrett's room at the Relax Inn. Harrison heard him telling Barrett
that he got shorted and would be back around 4:30 p.m.

After Oxner left, he told Harrison he was going to walk out and to
pick him up walking. Harrison picked up Oxner on what he believed was
Franklin Street. The agents then went back to the courthouse where
they met. The meeting between Oxner and Barrett was recorded through a
recorder worn by Oxner.

During the after-action meeting with the agents, the agents talked
about getting surveillance back in place to see what kind of vehicle
brought Barrett the crack cocaine, and to take the vehicle down when
the driver brought it to her.

Harrison believed that Oxner concerning the vehicle mentioned the name
"Jay" but he did not remember what was said. Harrison stated that they
did not know if this was the vehicle that the crack cocaine was going
to be delivered in because there was a white male driving.

Commander Kyle Bryant arrived at the meeting. During the conversation,
the agents were thinking that "Jay" could be a black male driving a
Buick Regal but was not sure who she was referring to when Barrett was
saying "Jay," either the black male in the Buick or the white male in
the Honda.

Harrison stated that they had seen a black male in a Buick bringing
something to Barrett before when Agent Oxner had made a previous
purchase of crack cocaine from Barrett.

Commander Bryant, Agent Oxner, and Agent Harrison got into Commander
Bryant's vehicle and left the meeting. The three agents then went by
the Relax Inn to look. After looking at the Relax Inn, the agents came
back toward the Exxon station and Harrison saw the same Honda Civic.

The vehicle was on Currahee Street coming up to the red light; it was
raveling form the direction of the Relax Inn toward the Exxon station.
The agents then traveled through the red light and the Honda turned in
to the Shell station.

Agent Harrison told Agent Oxner and Commander Bryant that it was the
same vehicle that Kayla Barrett was in the window with during the
hand-to-hand exchange of currency earlier. Harrison stated that he saw
the driver and recognized him as the same individual.

The agents then went past the Shell station on Currahee Street and
pulled over so that they could see the Shell station. The agents sat
there a short time. Commander Bryant mentioned that he had seen Kayla
Barrett walking down toward the Shell station.

The agents then pulled down to the Shell station and noted that the
Honda was parked but he driver was not in it. The agents pulled to the
left side of the building, near the front door, and the Honda was
parked on the right side of the building. Harrison saw the white male
come out of the store and as soon as he saw him come out, Harrison
stated, "That is him."

The white male, later identified as Jonathan Ayers, started toward his
vehicle. Ayers did not have anything in his hand. Harrison told
Commander Bryant to block the vehicle in and he wanted to get out to
talk with Ayers. Ayers had begun to leave and Commander Bryant
positioned his vehicle beside Ayers' vehicle.

Harrison was in the right rear of Commander Bryant's vehicle and
exited the vehicle. Harrison came up to Ayers' window with his badge
pulled out of his shirt. Harrison held it with his left hand, up to
the window, and said, "Police officer with the drug task force."

Ayers looked at the area of Harrison's chest and back up to Harrison's
eyes. Ayers' facial features changed. Harrison described these
mannerisms as "happening at the same time." Harrison said, "Don't put
the car in reverse."

Harrison then stated "Drug task force." Ayers then put the vehicle in
reverse and made a motion with his right hand as he dropped his hand
to put the vehicle in reverse. Ayers "floored" the vehicle and
Harrison had to jump back to keep from getting pinned between the two
vehicles.

Ayers went back a short distance and put the vehicle into drive.
Harrison ran behind Commander Bryant's vehicle. Ayers went back and
forth, multiple times, and his vehicle ended up pointing toward Harrison.

Ayers back up and struck Oxner with his vehicle. The impact made a
loud pop. Harrison thought that it had killed Oxner or broken his legs.

Ayers put he vehicle in drive again with his tires pointed toward
Harrison and he started toward Harrison. When Ayers hit Oxner,
Harrison thought that this was the time when Harrison pulled his
handgun out. Harrison stated that he fired two shots, the fist shot
was within the vehicle and the second shot was aimed and hit Ayers.
Ayers left arm reached for his right shoulder while he was turning the
vehicle to go out the Broad Street exit.

After Ayers exited the Shell station, Harrison gave chase to the
vehicle on foot. Harrison stated, at this time, he saw Oxner and saw
that he was not run over. Prior to this, Harrison stated he thought
Oxner was dead and that he had to "get this guy." ...

Harrison kept running onto Broad Street and was under the bridge and
could see Ayers and his vehicle drifting over to the other side of the
road. When Ayers' vehicle got out of sight, Harrison heard a loud impact. ...

Harrison saw the vehicle and saw Ayers getting out of the vehicle.
Harrison thought Ayers was going to run. Harrison yelled "police
officer," again, and for Ayers to get on the ground. Ayers then got
back into the vehicle and put it into drive then floored the
accelerator.

The rims were spinning inside the flattened tires of the vehicle.
Harrison then pulled his gun back out at a low ready position as he
got to the window of the vehicle.

Ayers had both hands on the steering wheel so Harrison could see that
Ayers did not have a weapon in his hand. Harrison holstered his
handgun and pulled Ayers out of the vehicle. ...

Ayers was saying," what are you doing," or something like that,
Harrison could not remember his exact words.

D) Interview with Kayla Barrett, also present, Public Defender Drew
Powell

Barrett first met Jonathan Ayers, who Barrett knew as "J" in
approximately the spring of 2005 at the local bar in downtown Toccoa
called "Straight Shooters", now known as "The Station.

Ayers approached Barrett in the bar. Barrett did knot think Ayers was
drinking alcohol and has never seen Ayers drink or smoke; however,
Ayers bought Barrett a drink. ... Barrett saw Ayers the next day around
3 or 4 p.m. driving on Franklin Street near where she was staying at
the Toccoa Motel.

Barrett stopped and talked to Ayers, then went with him for the
purpose of having sex. ...

Barrett saw Ayers approximately once or twice a month after
that.

Ayers would normally call Barrett on her room phone and pick her up
when he wanted to see her. It would usually be approximately one hour
between the time Ayers would bail Barrett and the time he would pick
her up. Ayers would call different times of the day; Barrett stated
that it was usually in the mornings and afternoons (around lunch when
Ayers would call her and want to meet, but rarely at night.

Barrett knew that sometimes Ayers drove a little black truck as well.
Barrett has primarily seen Ayers driving the red car.

Ayers would not tell Barrett much about himself. Barrett remembered
Ayers laughing at her one day when she asked him some questions.

Barrett stated that she did not know Ayers' name was Jonathan. Ayers
had told Barrett his name was "J" Barrett knew Ayers was married.
Barrett and Ayers had a conversation, a few months back when Ayers
informed Barrett that he had been married two-and-a-half to three
years, then stated they were not happy. Ayers told Barrett that he was
not married when he first met her.

Ayers never told Barrett his wife's name.

Barrett would tell Ayers certain information about her life, however,
stating "he never knew I did drugs...I never told him that part."

Ayers would tell Barrett that she was fun and wished he had met her
under different circumstances. Ayers told Barrett that she was "too
fun to be doing whatever she was doing and living the way she was living."

Ayers and Barrett's meetings were not always sexual in nature. Barrett
stated that there were times that Ayers would give her money when they
did not have sex and there were times they would have sex when he did
not give her money.

Ayers would ask Barrett if she had everything she needed. Ayers has
taken Barrett to the Wal-mart in Toccoa to let her go in and buy items
she needed while Ayers stayed in the car. Ayers had taken Barrett out
to eat in Toccoa three (3) or four (4) times. They have eaten together
at the Huddle House, Applebee's McDonald's and once for breakfast at
The Rebel.

Ayers never told Barrett personal information such as where he grew up
or if he had any pets. Ayers never told Barrett where he worked or
what he did career-wise.

Ayers never gave Barrett any gifts, papers or pamphlets of any
type.

Barrett has seen Ayers driving in town before by himself, but has
never seen him with anyone else or talking to anyone in town. Ayers
would never receive or make phone calls when he was with Barrett.
Barrett has never known Ayers to use drugs. Barrett never saw anyone
she knew when she was with Ayers.

When asked if Ayers had ever given Barrett any drugs or pills, Barrett
stated "No, never. I don't even think he knew I did them."

When Ayers picked Barrett up for sexual reasons they would go to
different places such as the Summitt and Currahee Mountain or would
park down Crop Street or Quarry Road.

Barrett followed by saying "there's been a lot of times." Ayers would
never stay in the room with Barrett at the Relax Inn and never spent
the entire night out with Barrett.

Barrett stated she did not have set amounts she charged for specific
sexual acts.. Barrett never got stopped or questioned by the police
any of the times she was with Ayers.

When Ayers and Barrett would have sex it was both oral sex and
intercourse...Ayers never asked Barrett to do anything strange or out
of the ordinary.

Barrett and Ayers would get out of the vehicle and would go into the
woods to have sex...Barrett stated that she did not bring Ayers back
to her room because she did not want to be there.

Barrett stated that she was "pretty sure" that Ayers was probably
having sex with other females in town because he had previously asked
her to "hook him up" with people because he wanted to find a girl to
hang out with then he came to town.

Barrett felt that Ayers wanted to meet up with other females because
he was "bored with his wife."

On Sept. 1, 2009 Barrett had not received any phone calls from Ayers
on her room phone. Barrett and the undercover agent had walked to the
Exxon tore to buy a pack of cigarettes, walked back toward the Relax
Inn and got approximately to the Goodyear store when Barrett saw Ayers
driving on the road. Ayers stopped and Barrett got into his vehicle,
Barrett and Ayers talked for a few minutes. Ayers then drove Barrett
back to The Relax Inn in and dropped her out. .

Barrett was behind on her rent by $50 and she asked Ayers if she could
borrow some money. Ayers gave Barrett $20 and said that he would give
her more if had it. Ayers did not tell Barrett what he was doing in
town on Tuesday Sept. 1.

When Ayers dropped Barrett out of his vehicle he continued toward
Habersham.

Barrett began to cry during the interview when she began talking about
Ayers' death. Barrett stated that the last thing Ayers said to her was
that she did not owe him anything for the money in which he had
provided to her. Barrett stated that Ayers was a "good guy."

E) Interview with Joe Joseph, owner of the Quick Stop and Shop of Toccoa:

Joseph saw a blue pickup truck pull into the front of the gas station
in between the gas pumps. A passenger in the truck got out and started
shooting. Joseph did not notice anything about anyone's clothing.
Joseph stated that he had a customer in the stare, at the time, and
did not see everything that occurred. Joseph recalled a man in a
burgundy vehicle that had pulled up beside the truck. Both vehicles
pulled off in a hurry with the pickup truck following the red vehicle.

Joseph believes that he heard three shots fired. Joseph stated that he
was unable to see any badges carried by anyone involved in the
shooting but he did notice that one of the individuals was wearing a
holster.

F) Interview with Commander Kyle Bryant, Commander for the mountain
Judicial NCIS Team:

Commander Bryant stated that he had not been in Toccoa earlier today
when undercover officers employed by the Mountain Judicial NCIS Team
were purchasing narcotics earlier in the day.

Commander Bryant's Deputy Commander, Chance Oxner, was serving in an
undercover capacity on the operation. Commander Bryant came over to
Toccoa following the buys and was advised that the agents were waiting
on the subject to bring another rock of crack cocaine; that they had
been shorted on a previous deal.

After discussing the particulars of the precious transactions, Chance
Oxner and Billy Shane Harrison got into Commander Bryant's blue pickup
truck with him and briefed him on the operation.

Commander Bryant was advised that there had been a red vehicle that
was involved in the original transaction. Commander Bryant stated that
he left out of the parking lot and went to find a female that was
originally the target of the transactions. Commander Bryant, Oxner,
and Harrison spotted the female coming out of a room at the Relax Inn
on Currahee Street.

Commander Bryant stated that he turned around at an antique shop on
Currahee Street and traveled back in the direction of Relax Inn.
Harrison saw a red vehicle at this time and said that it was the red
vehicle involved in the drug deal at the Relax Inn.

Commander Bryant stated that he pulled up behind the red vehicle in
order to obtain a tag number, Harrison, again, stated that it was the
car.

Commander Bryant observed the red vehicle turn into a Shell station,
located on Currahee Street. Commander Bryant continued going past the
Shell station and turned around at a pawnshop to watch if the white
female approached the vehicle.

Commander Bryant stated that they saw the female walking in the
direction of the Shell station from the Relax Inn as they drove by the
Shell station before turning around in the Pawnshop.

Commander Bryant stated that he did not see her walking again after
they stopped at the pawnshop. Because they were not able to see the
female anymore, they pulled into the Shell station parking lot on the
Broad Street side of the station. Commander Bryant, Oxner, and
Harrison pulled in and saw a white male with a red shirt come out of
the store.

Harrison said that this was the individual he had seen earlier in the
red vehicle when the drug deal took place at the Relax Inn.

Commander Bryant stated at this time they decided to pull over and
talk to the white male while he was still located in the parking lot.
Commander Bryant stated that the red vehicle was backing up as he
pulled his vehicle even with his door, approximately four (4) feet
away.

Harrison got out of the rear driver's side of the vehicle and
identified himself as a sheriff's office deputy. Harrison had his
badge around his neck on a chain and was holding it out in his hand.
Harrison did not have his gun drawn to Commander Bryant's knowledge.

Harrison told the individual to put the vehicle in park and to not go
anywhere. Commander Bryant saw what he believes to be the male pull
the shifter down into reverse on the vehicle. The individual said nothing.

The individual in the red vehicle, later identified to be Jonathan
Ayers, made a semi-circle around the front of Commander Bryant's truck
in reverse.

Oxner had gotten out of the front passenger side of Commander Bryant's
truck and told Ayers to stop. Commander Bryant believed that Harrison
moved around behind Commander Bryant's vehicle. Ayers's vehicle was
still in motion.

Ayers came toward Oxner and Commander Bryant thought that Oxner was
going to be knocked under the vehicle. Oxner hit the trunk of the
vehicle with his hands and pushed off the vehicle. The impact pushed
him back in the direction of Currahee Street. The vehicle driven by
Ayers turned backwards and abruptly facing the store towards Currahee
Street. Oxner and Harrison both had to move to get out of the way of
the vehicle. Both Oxner and Harrison were ordering Ayers to stop.
Commander Bryant then indicated he heard two rapid-fired shots.
Commander Bryant stated that he did not see the shots fired as he was
looking away preparing to reposition his vehicle out of the way of
Ayers's vehicle.

Commander Bryant turned back around and could see one hole in the
passenger door when the vehicle was leaving. Commander Bryant heard
Oxner say, "Stop shooting."

Oxner had gotten hit with a piece of shrapnel from on of the rounds
fired. Bryant then saw Harrison chasing the vehicle on foot. Oxner got
into Commander Bryant's vehicle with him at that point.

G) Interview with James Dale Watkins, who stated he had witnessed the
shooting:

At approximately 2:30 p.m. to 3:00 p.m. on this same date, Watkins was
driving his silver Ford F150 to the Shell gas station to get gasoline.
Watkins observed a red Honda in the center of the parking lot. Watkins
then heard an undercover police officer yelling, "Hold it, stop, I'm a
police officer."

Watkins also observed the undercover police officer standing at the
side of the red Honda. Watkins then observed the red Honda pull
forward and swerve toward the officer in an attempt to hit the officer
with his vehicle.

Watkins stated the driver of the red Honda swerved the vehicle and
tried to hit the undercover officer with his front fender. At that
point, Watkins observed the undercover officer fire his weapon twice
at the vehicle.

The Honda then pulled out of the parking lot and the undercover
officer ran out behind it. Watkins then drove his truck behind the
officer running after the Honda. ...

Watkins drove his truck on down to where the red Honda had wrecked
because he observed the driver attempting to crank up the vehicle
again in what looked to him as an attempt to drive away.

Watkins only observed the one officer that fired the shots at the
store, and never saw another undercover officer at the Shell station.

Watkins stated that the undercover officer only fired his weapon after
the individual in the red Honda had cut his wheels and tried to knock
him down.

H) Interview with assistant Toccoa Police Chief Tim Jarrell:

Assistant Chief Jarrell ran over to the vehicle and saw Charlie
Littleton (TPD) by an individual lying on the ground. Littleton
informed Assistant Chief Jarrell that he individual had a gunshot wound.

Assistant Chief Jarrell then heard a drug agent asking the individual
(who was laying on the ground) "you saw I was a police officer. Why
did you make me do it?" Jarrell never heard the individual say anything.

I) Interview with Tracy Claytor, who is a Youth Pastor and is the
Accountability Partner of Jonathan Ayers:

Tracy explained that Jonathan was having a difficult time with some of
his leadership in his church who were not supporting him in changes
that needed to be made.

Tracy described Jonathan as being young and on the "cutting edge" of
doing things in his church; although Jonathan was the pastor of a more
traditional church.

Tracy and Jonathan would get into an occasional conversation about a
fight between Jonathan and his wife, usually over "paint color or
silly things," Tracy never sensed anything dark, or noticed any real
red flags during his conversations with Jonathan. Tracy felt that
Jonathan treated his wife, Abigail, very well. ... Tracy noticed that
Jonathan took care of her needs and really paid attention to the
details of her life.

Jonathan would drive his wife to school every morning. ... Jonathan
would drop her off and would normally come back to the house,...

Tracy informed agent Miller that the protocol for the teachers at the
high school would be typically to stay 30 minutes after the children
were released from school, Jonathan would typically pick Abigail up at
approximately 3:30 p.m. everyday.

On Wednesdays, however, teachers would have a staff meeting that would
keep Tracy's wife until approximately 4:15 p.m.

Tracy and Jonathan would meet typically every Tuesday mooring;
however, Sept. 1, 2009 was an exception.

On the previous Friday, Tracy had informed Jonathan that he would not
be able to meet the next Tuesday morning due to responsibilities in
planning a fall festival.

Tracy and Jonathan, at that time, had scheduled to meet Monday morning
for their prayer time.

On Sunday night, however, Jonathan sent a text message to Tracy's
cellular telephone, stating that he would not be able to meet Monday
morning because he had to go to Athens on Monday to meet a man. T

his was the last that Tracy had heard from Jonathan. Tracy provide
Jonathan's cellular telephone number as 770-561-5465.

Tracy had been informed at approximately 3:45 p.m. that Jonathan had
been shot.

He arrived at the Stephens County Hospital and Abigail informed him
that Jonathan was supposed to come to Toccoa to get tires put on their
vehicle that morning and then Jonathan was supposed to go home until
time to pick her up from school.

Tracy knows Jonathan and Abigail to own a red Honda Civic and also a
small black Chevrolet S-150 pickup. He also thought the truck might
have had a green sport logo and pinstripes on it. Tracy knows Jonathan
has driven the church van in the past, as well.

J) Interview with Detective Ginger Currans, arrived on scene, applied
pressure to what appeared to be gunshot wound.

The man who had been shot, later identified as Jonathan Ayers, asked
Currans to tell his wife how much he loved her.

Ayers informed detective Currans that he had a baby on the way and he
hoped it was a girl, which he wanted to name Charlie. Ayers also
informed Detective Currans that he was a preacher.

K) Interview with Deputy commander Chance Oxner:

Deputy commander Oxner advise the following information; he had been
in Toccoa, Georgia conducting and undercover investigation involving
Kayla Barrett.

He already had a previous drug guy from her and was attempting to
identify her drug source. The source was only known as "J" and drove a
black Buick Regal. Oxner had provided Kayla Barrett $50.00 of official
funds to purchase crack cocaine. Barrett left him at the Relax Motel
with her boyfriend/pimp, Sterling Williams, while she purchased the
crack cocaine, which was short Barrett Told Oxner that it would be
later before her source could deliver the rest of the crack cocaine
purchased.

While waiting, Oxner and Barrett walked down to the Exxon Station.
While walking Barrett flagged down a burgundy car, make/model unsure,
and told Barrett told him to go back to the motel room and tell
Williams that she was with "J" and would be back.

L) Interview with Deputy Investigator Andy Myers with the Stephens
County Sheriff's Office investigative summary of an interview
conducted with Jonathan Ayers at the Stephens County Hospital.:

The interview was conducted in the operating room while Jonathan was
being prepped for surgery.

Myers asked Jonathan what had happened. He responded, "A guy with a
gun shot me." Myers asked him how he had come to be at the store.
Jonathan stated that he had popped in to get $20 out of the ATM.

He then stated that he stopped to "get a drink." Then again said, "I
was just getting $20 out of the ATM."

Jonathan said after he got he money he went to his car and that when
he got into his car someone came from behind him with a gun and
ordered him to get out of the car. He then stated, "I tried to get
away from them and punched the gas."

M) Interview with Officer Matt Mealer (TPD):

Mealer works for the TPD and had previously conducted a traffic stop
of Jonathan Ayers driving a red Honda on July 31,2009 at approximately
11:44 p.m. At the intersection of Pond Street at Collins in Toccoa,
GA. Officer Mealer provided Agent Miller with the CAD report of this
traffic stop.

Mealer did not remember the details of this traffic stop; however,
after viewing a driver's license photographer of Ayers, Officer Mealor
remembered seeing Ayers and though the might have been high on drugs
the night of the traffic stop. "

Interview with Matthew Ervin who works for Stephens County Hospital
as an Anesthetist:

Matthew was called back to the hospital on Sept. 1, 2009, for
emergency surgery for a patient with a gunshot wound.

This individual was later identified to be Jonathan Ayers. Once Kevin
arrived to the hospital, Ayers was taken back to the operating groom.
Ayers, who was lying on the backboard, was moved to the table. Ayers
were wearing a red shirt, Ayers was awake and was able to talk at that
time.

Interview: Det.... What Happened.

This guy walked up to my car and waved (tapped on my door window) with
a gun and said, "Get tout of the car"

What did you think was going on?

I don't know, I thought I was being robbed

What were you doing at the gas station?

I stopped out use the atm. I get some cash money

M) Interview with Michelle Brouwer who works for Stephens County
Hospital as a

surgical technician:

Brouwer overheard Ayers saying that he was "really afraid and though
someone was trying to rob me."

(N) Phone records for the cellular phone registered to Ayers:

Records subpoenas from AT&T show that cellular phone number
770-561-5465 is registered in the name pod Jonathan P. Ayers at 1325
Shoal Creek Church Road in Lavonia.

The Record shows Ayers to have been a customer since
2000.

The phone recompress show Ayers to have called the phone number of
(706) 886-9458 a total of 16 (sixteen) times on Sept. 1, 2009.

A reverse check on this number showed it to be a landline registered
to the Relax Inn Motel in Toccoa. Kayla Barrett had stated in a
previous interview that the phone number to her room at the Relax Inn
was 706-886-9458 and that Ayers would call her on that phone.

A brief review of the phone records included in the case file also
shows calls to that number on 1/6/09 at 2;35 p.m.

Medical records for Ayers

Toxicology reports shows that neither drugs nor alcohol were a factor
into the events of Sept. 1, 2009.