AYERS FAMILY LAWYER HINTS AT POTENTIAL CIVIL LAWSUIT

After four days of case review and deliberation, the Stephens County
Grand Jury on Friday morning returned a presentment concerning the
officer-involved shooting death of Jonathan Ayers.

The grand jury found that the use of lethal force in the shooting of
Ayers by an undercover officer of the Narcotics Criminial
Investigation and Suppression (NCIS) team was justified.

"On Dec. 15, the Grand Jury convened in special session to review the
matter of the officer involved shooting death of Jonathan Ayers which
occurred in Toccoa, Stephens County, Georgia on September 1, 2009,"
states the presentment.

Mountain Judicial Circuit Assistant District Attorney Rick Bridgeman
informed and advised grand jurors regarding the different charges
associated with the taking of a life including malice murder,
felony murder, voluntary and involuntary manslaughter.

He also discussed the definition and ramifications of charges such as
aggravated assault, simple assault, and reckless conduct.

Bridgeman reviewed laws concerning criminal proceedings against law
enforcement officers and laws specifically concerning police
encounters with citizens. In closing, Bridgeman gave an overview of
Georgia law on the use of deadly force in defense of self or others,
and the use of deadly force by a peace officer.

Mountain Judicial Circuit District Attorney Brian Rickman then
addressed the jurors, outlining the Grand Jury's duties in the matter
and detailing his decision to remain as the chief prosecuting officer
in the matter, following consideration of ethical and legal issues
and consultation with the Ayers family.

Rickman informed jurors they had the authority to compel the
attendance of witnesses and to subpoena documents for their consideration.

"The grand jury was asked to consider all of the evidence gathered by
the Georgia Bureau of Investigation (GBI) during their investigation
of the case and make several determinations," explains the
presentment. "First, the grand jury was asked determine whether the
investigation conducted by the GBI was through, comprehensive,
independent and fair and whether additional investigation was indicated."

The Grand Jury reviewed the entire investigative file of the Georgia
Bureau of Investigation and heard testimony from six witnesses,
including Commander Kyle Bryant, Mountain Narcotics Criminal
Investigation & Suppression Team (NCIS); Agent Chance Oxner, Mountain NCIS.

Also, Special Agent in Charge Mike Ayers, GBI; Special Agent Megan
Miller, GBI; Agent Billy Shane Harrison, Mountain NCIS; and Charles
J. (Joe) Key, expert in police use of force.

Rickman also advised the jury that he had asked two outside
DAs Gwinnett County District attorney Danny Porter and Mountain
Circuit District Attorney emeritus Mike Crawford to assist the
grand jury and answer any questions concerning the legal issues of the case.

Grand Jury members were provided with five volumes of case files
containing 92 exhibits; 26 compact discs which contained recorded
witness interviews, video evidence, photographs, 911 recording and
telephone records; and three DVDs which contained video evidence and
photographs.

The GBI report consisted of more than 1,100 pages.

Following four days of deliberation, the grand jury returned its findings.

"We the grand jury had adequate time to completely review the GBI
case file in its entirety," stated jurors at the close of the session."

The Grand Jury presentment concluded with the following findings:

. "Concerning the investigation conducted by the Georgia Bureau of
Investigation, we find that the investigation was very thorough,
complete, unbiased and well presented."

"Concerning the actions of the officers involved in the death of
Jonathan Ayers on Sept. 1, 2009, we find that the use of deadly force
by Agent Billy Shane Harrison was legally justified based upon his
objectively reasonable belief that such use of force was necessary to
prevent death or great bodily harm to himself or others. Based upon
this finding, we the Grand Jury believe that the officers involved in
this incident would be immune form criminal prosecution pursuant to
Official Code of Georgia Annotated 16-3-24.2.

Rickman said Monday that, as far as the state was concerned, the
matter is closed.

"The process certainly went as it was designed to go," he said of the
grand jury process.

Roland Stroberg, attorney for Abby Ayers, widow of Jonathan Ayers,
expressed displeasure in the grand jury findings.

"We were very disappointed (in the Grand Jury's decision) and we are
looking forward to the time in the relatively near future where we
are able to get all the facts out there for he public, and we are
convinced that, at that time, it will be abundantly clear that those
officers had no reason or excuse to shoot him (Ayers) down in the
middle of the streets of Toccoa," Stromberg, said.

Stromberg also indicated that there would be a civil lawsuit filed in
the near future.

The following are state statutes considered by the Grand Jury:

. O.C.G.A. 16-3-24.2

Immunity from prosecution; exception

A person who uses threats or force in accordance with Code Section
16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal
prosecution therefore unless in the

Use of deadly force, such person utilizes a weapon the carrying or
possession of which is unlawful by such person under Part 2 or 3 of
Article 4 of Chapter 11 of this title.

. O.C.G.A. 16-3-21

Use of force in defense of self or others; evidence of belief that
force was necessary in murder or manslaughter prosecution

(a) A person is justified in threatening or using force against
another when and to the extent that he or she reasonably believes
that such threat or force is necessary to defend himself or herself
or a third person against such other's imminent use of unlawful
force; however, except as provided in Code Section 16-3-23, a person
is justified in using force which is intended or likely to cause
death or great bodily harm only if he or she reasonably believes that
such force is necessary to prevent death or great bodily injury to
himself or herself or a third person or to prevent the commission of
a forcible felony.

Grand Jurors included Kimberly H. Hudgins; James M. Canady; Connie
Rice; Gayle T. Davis; Carl D. Wood, Charlotte Wendus; Trinity
Pittman, William J Kiser, Jr. Laura A Labad; Chad C. Payne; Mavis
Dooley; Deborah Gholston; Larry Allgood, Heather Broome; Lisa M.
Gettys; Frederick Snyder; Martelina A Hower and Adrian L. Sheriff