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News (Media Awareness Project) - US GA: No Charge In Police Shooting
Title:US GA: No Charge In Police Shooting
Published On:2010-09-17
Source:Augusta Chronicle, The (GA)
Fetched On:2010-09-22 15:00:21
NO CHARGE IN POLICE SHOOTING

Drug Suspect Backed Vehicle Toward Officer

Three Richmond County narcotics officers who shot and killed a man
last fall will not face criminal charges.

The Richmond County grand jury returned a "no bill" indictment
against investigators Phillip Hambrick, Jason Saal and Mike Swint on
Friday afternoon.

The three were involved in the Nov. 17 shooting of 30-year-old
Michael Nestor on Ohio Avenue in west Augusta.

District Attorney Ashley Wright presented the case and offered the
grand jury members -- on their last day of service -- the possibility
of indicting the officers on a charge of murder. The jury also could
have returned an indictment charging a lesser crime, such as manslaughter.

Sheriff Ronnie Strength said late Friday afternoon that his office
felt confident the officers would be vindicated. He said he was
pleased with the grand jury's results.

According to initial reports after the shooting, the investigators
had been looking for Nestor for weeks and intended to arrest him on
illegal drug charges.

The officers reported that they got a tip that Nestor was at his home
and was moving out with his belongings. They went to arrest him about 9 p.m.

Nestor was sitting in his vehicle when the officers approached on foot.

The officers said they began firing after Nestor backed his
Oldsmobile toward Saal.

Nestor was the fifth officer-related shooting from November 2008
through November 2009. Four were fatal.

The Georgia Bureau of Investigation is called on to investigate all
such shootings. Its investigations have never led to criminal charges
against an officer in at least 15 years.

The GBI is currently investigating the Sept. 6 fatal shooting of
22-year-old Kevin B. Pao in Augusta.

According to initial reports, Deputy Walter Garrison shot Pao outside
Five Guys Burgers and Fries at 2805 Washington Road in the early
evening after responding to a call about disorderly conduct.

Pao, of Rockville, Md., was said to have been bathing in the
restaurant's restroom.

Garrison escorted Pao out of the restaurant and shot him during a
struggle in the parking lot, reports said.

A GBI agent said Pao had been reaching for a semiautomatic handgun
that was in a bag he was carrying.

Pao's body was found in the back seat of Garrison's patrol car.

Sidebar:

Nestor Shooting

BACKGROUND: Narcotics officers Phillip Hambrick, Jason Saal and Mike
Swint had been watching Michael C. Nestor for about a month in 2009.
He was wanted on several drug charges, including possession of
methamphetamine with intent to distribute and possession of methadone.

Developments: - Oct. 20, 2009: Officers raided Nestor's home, finding
drugs, weapons and two surveillance cameras.

- - Oct. 26: Arrest warrants were issued for Nestor, but investigators
were unable to locate him.

- - Nov. 17: At 9 p.m., the officers reported that they received a tip
and went to Nestor's home at 1918 Ohio Ave. to arrest him. Nestor was
in the driver's seat of his Oldsmobile when officers approached him
on foot. Officers said Nestor tried to back over Saal, and that's
when they began firing. Nestor was hit in the left arm and neck, but
his vehicle traveled 200 yards before he abandoned it and collapsed
in someone's yard.

- - Nov. 18: Hambrick, Saal and Swint were placed on desk duty after
the incident, which was the second fatal shooting involving Richmond
County sheriff's officers in two weeks.

- - Friday: The Richmond County grand jury decided not to indict
Hambrick, Saal or Swint on murder charges.

- -- From staff reports
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