GRAND JURY SPEAKS: NO INDICTMENT IN THE KENNETH WALKER SHOOTING

FBI's Atlanta Office Has Sent Results Of Its Investigation Into
Shooting To U.S. Department Of Justice

Twenty-one Muscogee County grand jurors discussed the shooting of
Kenneth Walker for 41 minutes Tuesday before deciding not to
criminally indict the sheriff's deputy who killed the unarmed man in a
southbound lane of I-185 last December.

The racially balanced grand jury returned "no bills" against David
Glisson, a 20-year veteran of the sheriff's department, who shot
Walker twice in the head during a traffic stop that was part of a drug
investigation on Dec. 10.

For 349 days, the shooting of Walker has hovered over this community,
inspiring prayer vigils, civil rights marches and becoming an issue in
more than one political race. In the end, it came down to a routine
reading of the grand jury findings by Superior Court Judge Kenneth
Followill.

Kenneth Hodges of Albany, Ga. -- the special prosecutor in the case --
said the grand jury decision brings to an end the possibility of
criminal charges. But FBI Special Agent Steve Lazarus of Atlanta said
his office has concluded its investigation and has forwarded its
findings to the U.S. Department of Justice, which has jurisdiction
over any federal criminal civil rights complaint against law
enforcement officials.

University of Georgia law professor Ron Carlson said state and federal
governments have overlapping jurisdiction. "If the state decides not
to indict, such action does not bar a federal investigation and
ultimately federal charges," Carlson said. The elements of the crime
would be different. "Were federal civil rights violated? You are
looking at the same facts, but a little different litmus test."

Glisson also faces potential civil charges, and an attorney for the
Walker family said a suit will be filed in State Court within 10 days.

"We're not giving up on the system," attorney Willie Gary said. "It is
going to work. Justice will be served. We will see to that. A man who
clearly committed murder was allowed to walk free -- but not for long."

Gary, a Florida attorney with a nationwide reputation, spent the
afternoon with Walker's widow, Cheryl, and his mother, Emily. He was
joined by colleague Bill Campbell, a former mayor of Atlanta who said
the Walkers were distraught at Tuesday's decision.

Hodges entered the case after Muscogee County District Attorney Gray
Conger stepped aside. Conger asked Georgia Attorney General Thurbert
Baker to appoint an outside prosecutor. Baker selected Hodges, a
widely successful district attorney in Dougherty County.

Bringing the case to a grand jury in Columbus was his only option
since the shooting occurred here, said Hodges, recognizing that the
case was a sensitive one. Asked what he thought public reaction would
be, Hodges said members of the public "haven't seen what we've seen."

Columbus Mayor Bob Poydasheff was called after the grand jury
decision. He said while demonstrations are possible, he has faith in
the people of Columbus.

"This is a good city, and the people are good people. Some people,
obviously, are going to be upset and some not. But this is a
law-abiding community and there are other options and we'll just have
to see where it goes," the mayor said.

Presenting the case

Hodges showed the 21 jurors a copy of the videotape recorded at the
scene and called seven witnesses -- five of them lawmen who were
involved in the December drug raid.

The Ledger-Enquirer and WRBL-TV have a suit pending with the Georgia
Supreme Court asking for release of the videotape -- a move Hodges
tried to block. He said a public viewing of the tape would have
tainted the grand jury.

"It would not be fair for Mr. Walker or Mr. Glisson to have those 21
grand jurors see the video before they had to make a decision," Hodges
said.

Hodges put two possible indictments on the table: 1. Felony murder,
which occurs when a killing is committed during the commission of a
felony, along with involuntary manslaughter 1 and 2.

2. Involuntary manslaughter 1 and 2.

The grand jury presented no bills on all counts, indicating they found
no criminal act was committed.

Carlson said it is customary for grand juries to only consider
possible indictments brought by the prosecutor, but once in a while a
grand jury will act independently and indict the accused more
leniently or more harshly than what was on the table.

"That would be extremely unusual," Carlson said.

A grand jury decides whether there is probable cause to believe a
crime was committed or probable cause the accused committed the crime
presented by the district attorney, he said. Juries in a criminal
trial decide whether someone committed a specific crime or not.

"The bar for a prosecutor is much lower in front of the grand jury,"
Carlson said.

Attorney Richard Hagler, representing Glisson, said the grand jury
made the appropriate call. "They had all the facts and did not feel
there was sufficient evidence that a criminal act occurred," he said.

The October-December Grand Jury was empaneled Oct. 4. It was selected
from a pool of jurors selected by the Muscogee Jury Commission -- a
six-person panel composed of four whites and two blacks. The jury met
Tuesday morning before breaking for lunch.

The Walker case was presented to them after they reconvened at 1:30
p.m. Under law, law enforcement officers accused of a crime committed
while they are on duty are allowed to be present when a grand jury
hears evidence and testimony concerning their case.

The deputy arrives

Glisson was notified two weeks ago that charges were pending so he and
his wife, Becky, arrived on the ninth floor of the Government Center
around 1:45 p.m.

Sitting down on a bench near the bank of four public elevators,
Glisson made small talk with family friends, telling stories about
other days in court when he was a sheriff's deputy.

Glisson, who suffers from a severe heart condition, said he is feeling
better than he did in recent months.

"I'm out walking more," he said. "I have a 10-month-old grandson and
he's keeping me busy. I can't wait to start chasing him around."

Two minutes shy of 2 p.m., Hagler stepped out of the grand jury room
at the west end of the ninth floor and called Glisson's name. The
former deputy stood, touching his wife's shoulder as he rose,
beginning the long walk to the end of the hall.

Once her husband was in the grand jury room, Becky Glisson grew more
nervous. She needed a cigarette so she and her daughter headed to the
elevators for a trip downstairs.

"It's a long way to the smoking area," Becky Glisson said.

Unknown to them, the Glissons were joined in the hallway by the Rev.
Daryl Stover of Atlanta, a longtime friend of Kenneth Walker.
Throughout the afternoon, Stover kept the Walker family informed at
the progress of the case.

At 4:38 p.m., two hours and 40 minutes after he went into the grand
jury room, Glisson came out with Hagler close behind him. Head down,
Glisson wiped tears from his face, which was redder than normal.
Hagler held the door and swept his client into a nearby stairway.
Glisson had gotten short of breath and was excused.

With both Hodges and Hagler out of the room, the jurors began to
discuss the case around 4:58 p.m. By 5:39, the jurors were walking
quietly from the room with the husband of a visually impaired juror
helping her to the elevator.

Lights were turned on in his courtroom and Followill asked the bailiff
for the "no bills" and "true bills" from Tuesday. There were 28 --
including the Walker case.

Muscogee County Sheriff Ralph Johnson -- who survived a bitter
re-election campaign in which the Walker case was a major issue --
said he got what he wanted on Tuesday.

"I'm glad the process ran its course," he said.