NOTICES: AYERS SUIT IS COMING

Stephens County and the City of Toccoa have received written notice
of pending litigation in federal court regarding the shooting death of
Jonathan Ayers.

Prepared by the law firm of Finch McCrainie, LLP of Atlanta, the "ante
litem" notices were delivered to multiple cities, counties and
municipalities and serve as an official notice to governmental
entities of the intent to sue.

Georgia law states that no claim for money damages against any
municipal corporation for injuries to person or property may be
brought without first giving written notice to the governing authority
of the municipal corporation.

The written notice must be provided to the governing authority of the
municipal corporation within six months of the event upon which a
claim against a municipal corporation is predicated.

The ante litem notice received by the City of Toccoa on Dec. 31, 2009
and signed by Richard W. Hendrix of Finch McCrainie LLP, states "Per
information currently known to us, there is reason to believe that the
members of the Mountain Judicial Circuit Narcotics Crime and
Investigative Suppression Team (NCIS) participated in an
unconstitutional violation of Reverend Ayers constitutional and civil
rights on this date due to their joint unprofessional conduct."

The notice goes on to say that "While no Ante Litem Notice is required
for claims against municipalities, counties, or police officers under
42U.S.C. 1983, the purpose of this letter is to advise you that we
intend to assert state law claims in this matter as well."

Ayers, the pastor of Shoal Creek Baptist Church near Lavonia, was shot
by officers of the Mountain Judicial Circuit Narcotics Criminal
Investigation and Suppression (NCIS) team.

Undercover NCIS agents had approached Ayers' car while at a gas
station in Toccoa on Sept. 1, 2009 for the purpose of questioning him
in relation to an ongoing drug and prostitution investigation.

According to law enforcement officials and recorded testimony, Ayers
attempted to flee the scene in his car, and was shot by agent Billy
Shane Harrison, who later testified that he believed Ayers backed over
and killed or injured his partner, Chance Oxner.

Ayers was transported to Stephens County Hospital and treated for a
gunshot wound, but died several hours later.

Following an investigation by the Georgia Bureau of Investigation, a
Stephens County Grand Jury, in December, found the shooting "legally
justifiable based upon his (Harrison's) objectively reasonable belief
that such use of force was necessary to prevent death or great bodily
harm to himself or others."

Based on that finding, jurors said officers involved in the incident
"would be immune from criminal prosecution" under Georgia law.

According to the ante litem notice received by the City of Toccoa, the
City of Toccoa is one of the participating members of the NCIS team,
and as such will be included in the upcoming litigation.

"We are sending you this Ante Litem Notice to advise you of wrongful
death claims that our client, Abby Ayers, the surviving spouse of
Reverend Ayres, intends to assert against the city and/or the Mountain
Judicial Circuit NCIS," states the notice.

"She will seek damages for her husband's wrongful death, and also on
behalf of his estate for his conscious pain and suffering prior to
death, for medical expense and funeral expenses."

The notice further states the claim that "Reverend Ayers was the
victim of a wrongful death resulting from an unconstitutional and
impermissible assault and battery against his person. We also contend
that there was the negligent use of an automobile that was jointly
being used by members of the task force at the time of Reverend Ayers'
death used and operation was a contributing favor in his death. We
also intend to assert claims for intentional infliction of emotional
duress, and for false arrest and false imprisonment."

In a written response to the ante litem notice, city attorney John
Dickerson replied to Hendrix that "based on information we have thus
far, we cannot make any determination that the City of Toccoa or any
of its officers, agents or employees was negligent."

County attorney Bryan Ranck, upon receiving a similar ante litem
notice on Jan. 5, forwarded the notice on to the AGC, the county's
insurance provider, and expects a meeting between county officials and
ACG within the coming weeks to formulate a response and/or plan of
action.

A private investigator working for the law firm in connection with the
civil suit, has been working in Toccoa.

John V. Inslogna, president of JVI & Associates Inc., visited The
Toccoa Record last Friday.