DA HANDS CASE TO STATE

Citing Ties to Deputy, Conger Asks Georgia's Attorney General to Take
Over

District Attorney Gray Conger announced Friday neither he nor his
staff will handle the case involving the shooting death of Kenneth B.
Walker by a Muscogee County deputy sheriff.

The move came only hours after Conger received the long-awaited
Georgia Bureau of Investigation report on Walker's death.

He has asked Georgia Attorney General Thurbert Baker to take over the
case, Conger said.

The sole reason for requesting an outside prosecutor is to avoid the
appearance of bias or favoritism in a case that already has stirred
the emotions of the community, Conger said.

"The citizens of this community should believe and feel that justice
has been served. This case has had a negative effect, and the
resolution of this case requires a prosecutor who can be assumed to
have no interest in the outcome," he said.

"This decision was made after long and hard consideration and
discussion among my office staff and other law enforcement
professionals whose opinions I value," said the prosecutor.

Although he or members of his staff could take on the case, Conger
said the ties that have developed over the years linking him or some
staff members to the former Muscogee County deputy who shot Walker
could lead some to question any outcome that might result, he said.

Night of the Shooting

David Glisson shot the 39-year-old Walker during a stop along
Interstate 185 shortly before 9 p.m. on Dec. 10. Before being stopped,
Walker and three friends -- Warren Beaulah, Anthony Smith and Daryl
Ransom -- had been riding in a gray GMC Yukon seen leaving an Armour
Road apartment under surveillance by Metro Narcotics Task Force
agents, according to official accounts.

All four men were ordered from the vehicle. During that process,
Walker was shot. An autopsy report shows he received two gunshot
wounds to the head, Muscogee County Coroner James Dunnavant said.
Walker died at The Medical Center during lifesaving attempts by doctors.

No drugs or weapons were found in the Yukon or on Walker or the other
three occupants.

Glisson was on paid administrative leave from the sheriff's department
until Thursday, when Sheriff Ralph Johnson announced the deputy had
been fired.

Explaining Decision

Among the links Conger cited as reasons for seeking an outside
prosecutor are Glisson's almost 20-year tenure as a deputy working
cases with local prosecutors, Glisson's instruction on firearms
practices and techniques to some staffers, and Glisson's stints as a
member of the court detail protecting the courtrooms in which
prosecutors practiced.

"I didn't want to do it," Conger said of his decision to relinquish
the case. "I do believe it's in the community's best interest to have
it handled by someone who cannot be accused of having any interest in
the outcome."

Although he hasn't read the six-volume GBI report, which will remain
sealed and locked in his office's vault until an outside prosecutor is
appointed, the district attorney said he has his own opinion as to
what the next step in the Walker case should be.

"I would expect it to be presented to the grand jury, based on what I
know of the evidence and what the community knows," Conger said.

Although his office's removal may cause a month's delay or even more
in taking the case forward, it's a price that should be paid in order
to assure that no hint of impropriety or favor is attached to the
ultimate conclusion -- no matter which way the case may go, he said.

"Our hearts go out to the Walker family," Conger said.

Baker to Act on Letter

Although Conger made his verbal request to the attorney general's
office on Friday, no action will be taken by Baker until he receives
Conger's letter officially stating that request, said Russ Willard, a
spokesman for the attorney general's office.

The department receives such requests monthly from district attorneys
around the state, Willard said. Baker's response depends on the
circumstances, but includes these options:

. Baker could prosecute the case himself or appoint someone from his
staff.

. A district attorney from a nearby judicial circuit could be
appointed.

. A qualified attorney who is not a prosecutor could be
appointed.

"Usually, if the case is outside of the Atlanta metro area, the
attorney general appoints a district attorney from a nearby
jurisdiction," Willard said. "It's too costly for him to send someone
from this office."

Upon receipt of Conger's letter, Willard said Baker will "act as
expeditiously as possible."

The Reaction

The attorney general's office also received a call Friday from state
Rep. Calvin Smyre, D- Columbus, who had been notified by Conger that
he was requesting an outside prosecutor for the case. Smyre, who has
spoken out on the case on behalf of the county's African-American
elected officials, said his call to the attorney general was only to
convey the urgency that is felt in Columbus.

"In light of all that has occurred, I'll request that he expedite his
decision," Smyre said. "We don't need this case to linger any more
than it has."

The Columbus lawmaker said he respects Conger's decision.

"It appears to be the proper move," Smyre said. "He expects the
attorney general to select someone of neutrality."

Like Smyre, Sen. Ed Harbison, D-Columbus, hoped Conger's move won't
slow down the process.

"This needs to move quickly," Harbison said. "If the district attorney
is doing this to be fair, then I applaud him. I hope the attorney
general will move expeditiously because we need this to be over. We
must get on with it."

Some other community leaders concerned about the delays already
endured since the Dec. 10 roadside shooting added their support for
the district attorney's request.

Columbus Branch NAACP President Ed DuBose said the decision is "a good
move" and shows Conger wants the same thing as the NAACP -- a fair and
independent investigation.

"... The NAACP feels comfortable that the process is at least moving
and some action is taking place," DuBose said.

Columbus Councilor Julius Hunter said Conger's decision eliminates the
possibility someone could "second-guess" any outcome of the case,
including the possible exoneration of the deputy who fired the shots
that killed Walker.

"If that happened, there was always the chance of somebody playing
Monday morning quarterback and saying the DA was not vigorously
pursuing the case, and that if he had it might have had a different
outcome," Hunter said.

Mayor Bob Poydasheff, who was in Charleston, S.C., for a memorial
service for his brother-in-law, also applauded Conger's decision.

"We respect the wisdom of the district attorney and think he's made a
good decision, and we support him in it," Poydasheff said in a
response relayed through Ed Wilson, executive to the mayor.

Jack Key III, chairman of the Greater Columbus Chamber of Commerce,
said it's sad to realize there'll be further delay of a case that
needs a prompt resolution for the community's sake, but he's
supportive of the district attorney's decision.

"If he felt this was the right thing to do, I trust it was," Key
said.

Dwayne L. Brown, the Montgomery attorney representing Yukon occupants
Beaulah, Smith and Ransom, said Conger's decision to turn the case
over to the state attorney general's office is "long overdue."

Brown said he has verbally and in writing asked since Jan. 5 for the
district attorney to recuse himself and appoint a special prosecutor.
He's not questioning Conger's decision, only suggesting "the public
would not respect a probe that was investigated by people who work
with each other," the defense attorney said.

"In cases of this magnitude, it's been customary to get a special
prosecutor involved simply because you can't have entities
investigating other entities with whom they have had past
relationships," Brown said.

The GBI report was delivered to Conger's office shortly before 10 a.m.
by Special Agent Chris Hosey, accompanied by Agent Dan Robertson. They
carried a nearly 18-pound, white plastic bin filled with stacks of
binders containing the findings from the agency's two-month long
investigation.

Hosey presented a brief oral summary of the agency's findings to
Conger, but offered no recommendation.

"It will be up to him to decide if there's any prosecution," Hosey
said. "If it ever goes before a grand jury, then of course, we would
play a role, if called upon."