FBI INVESTIGATION THIRD TIER OF WALKER SHOOTING REVIEW

An FBI official in Atlanta confirmed Friday that the agency has begun an
investigation into the circumstances surrounding the death of Kenneth B.
Walker, a 39-year-old unarmed Columbus man fatally shot Dec. 10 by a deputy
sheriff.

"It is ongoing. There is no timetable," said Special Agent Steve Lazarus.
Citing bureau policy, Lazarus said he could not comment on the pending
investigation.

Muscogee County Sheriff Ralph Johnson announced earlier this week that he
had requested the federal agency begin a preliminary inquiry into Walker's
killing.

"The FBI does, when appropriate, conduct a civil rights investigation when
allegations of wrongdoing are brought to its attention," Lazarus said.
According to a U.S. Justice Department manual, the agency has
"investigative jurisdiction for any civil rights complaint against any
federal, state or local law enforcement officials."

Lazarus explained that the protocol for police shootings in Georgia allows
for the Georgia Bureau of Investigation to have the "right of first review."

The GBI began its probe into the fatal shooting following a request by
Johnson, whose department has concluded its own investigation. Johnson has
said the request for both state and federal inquiries was part of the
"proper, procedural process for citizens to have confidence in" his office.

Walker and three friends were riding in a gray GMC Yukon along Interstate
185 when they were stopped by members of the Metro Narcotics Task Force
Agency and the sheriff's department, according to official accounts. Acting
on an informant's tip that the Yukon would be carrying armed men from
Miami, the agents and deputies ordered the men to exit the vehicle. In the
ensuing moments, a deputy shot Walker. No guns or drugs were found in the SUV.

It would be a mistake to assume, said Lazarus, that because federal
officials get involved in an investigation "someone will go to jail for a
long time."

"The most important thing to understand is that at the federal level, the
level of proof required is going to be high," he said. "And it must rise
above the level of an error, or an instance of mistaken identity or a
failure to follow departmental procedures."

"In order for them to be prosecuted at the federal level, there has to be
some sort of willful violation of a person's civil rights," the agent said.

Lazarus said a violation has to have occurred "willfully, maliciously or
intentionally."

"Anything where you have to show intent is going to be a little bit more
difficult," he added. "Rather than when I have a picture of you holding a
gun at a teller's face for a bank video, I don't have to prove that you
intended to rob that teller... . When you get into issues of why was a
person arrested, why were they held so long, issues of civil rights -- well
at that point, there's a lot more investigation to do. You have to find the
intent of the officer, things like that. It's more difficult to prove than
obvious crimes."

Upon completion of its investigation, Lazarus said the FBI will present its
findings to the U.S. Attorney for the Middle District of Georgia.

"Our job is to investigate and present the facts," he said. "Whether it's
prosecuted is entirely up to U.S. Attorney's office."