WIFE FILES LAWSUIT IN PASTOR'S DEATH

Jonathan Ayers Shot in September
by Drug Enforcement Officers

A Gainesville woman has filed a federal lawsuit in connection with the
September shooting death of her pastor husband by an undercover North
Georgia drug enforcement officer.

Abigail Marilyn Ayers, the widow of Jonathan Ayers, filed suit against
three officers with the Mountain Judicial Circuit Narcotics
Suppression Unit and the sheriffs of Habersham and Stephens counties.

Ayers, a 28-year-old pastor at the small Shoal Creek Baptist Church of
Lavonia, was shot Sept. 1 outside a Toccoa convenience store by
plainclothes drug agents.

Police said three drug agents tried to block Ayers' car after he
dropped off a woman known to have been involved in illegal drug
transactions. They say Ayers backed his car into one agent and another
fired at him as he maneuvered his car in a threatening manner.

A Stephens County grand jury cleared the agents of criminal wrongdoing
in December.

The lawsuit claims wrongful death, assault and battery, false arrest,
negligent use of a motor vehicle and breach of duties. It seeks
unspecified compensatory damages and damages for pain and suffering.

Abby Ayers' attorney, Gainesville lawyer Roland Stroberg, declined to
comment beyond the contents of the 49-page lawsuit, citing the pending
litigation.

The lawsuit claims that the two undercover officers, including the
officer who has acknowledged firing the fatal shot, Billy Shane
Harrison, were dressed in a manner "to convince unsuspecting members
of the public that they were not police officers but instead drug
dealers and/or criminals, since this was part of their undercover role."

The woman Ayers was seen with before the shooting, Kayla Barrett, had
offered to sell undercover officers $50 worth of crack cocaine a few
hours beforehand, according to the suit.

Ayers had "no connection with the drug investigation," according to
the suit.

The lawsuit alleges that undercover agents wanted to stop Ayers and
question him but had no warrant for his arrest or "articulable
suspicion" that Ayers was either armed or dangerous.

An officer approached Ayers by "rushing at (Ayers) on foot while
pointing a weapon at him (and) did startle, frighten and confuse (him)
as to his intentions," according to the lawsuit.

Ayers, according to the lawsuit, was "attempting to flee from what
would reasonably be perceived as an attempted armed robbery and assault."

"A reasonable law enforcement official would understand that if he
were dressed as a criminal and acting as a criminal that he might very
well be perceived as a criminal, particularly if he rushed at an
unsuspecting private citizen and suddenly descended upon their person
while brandishing a weapon," according to the lawsuit.

"Reasonable police officers know because of foreseeable confusion that
could be created by rushing at a suspect while dressed in plain
clothes as a possible criminal ... that if the purpose of the approach
was merely to question them, they should instead ... call for a backup
unit or uniformed officer (or) don police jackets and/or law
enforcement gear which would clearly identify themselves as law
enforcement officials before approaching either the vehicle or
suspect," according to the lawsuit.

Terry Williams, the Buford attorney representing the defendants, said
he believes the court "will see these officers acted reasonably under
the total facts and circumstances."

"We believe it was a reasonable use of deadly force in a situation
where they believed their lives were in danger, and I think this will
ultimately be shown in this civil case," Williams said.

Habersham County Sheriff Joey Terrell, a defendant in the lawsuit,
said Tuesday he could not comment on it.

The Mountain Judicial Circuit Drug Suppression team meets on Friday
and likely will discuss the pending litigation then, Terrell said.