A former Atlanta police officer was acquitted Friday afternoon in the death of an 18-year-old who allegedly tried to steal his unmarked patrol car.
The Fulton County jury found Oliver Simmonds not guilty of felony murder and aggravated assault in the fatal shooting of D’Ettrick Griffin at a gas station in 2019.
Simmonds became emotional and began to cry, hugging his attorney after the foreperson read the verdict.
“Mr. Simmonds, the jury having found you not guilty of both aggravated assault and felony murder, you are discharged and acquitted and you are free and excused,” Judge Eric Dunaway said.
Simmonds was off duty when he shot and killed Griffin after the teenager allegedly tried to steal his vehicle at a southwest Atlanta gas station, authorities said. Simmonds was a former member of Atlanta Mayor Keisha Lance Bottoms’ security detail.
The case brought attention to an ongoing debate over when — or even if — officers should fire at fleeing vehicles.
Atlanta Police Department policy prohibits officers from firing their weapons to stop a fleeing vehicle but carves out a broad exception that allows a “reasonable and necessary” use of force.
Simmonds had sought immunity from prosecution, saying he pulled the trigger to defend himself, but a judge denied his motion.
‘I feared for my life’
Simmonds, who wasn’t wearing a uniform, was pumping gas when Griffin jumped into his unmarked patrol car on Jan. 15, 2019, authorities said. He said his jacket was caught in the door of the vehicle and his right foot was run over.
“I was so devastated, I feared for my life,” Simmonds testified. He said he pulled out his service weapon and fired at Griffin in the fleeing vehicle.
Simmonds attorney, Jackie Patterson, argued that his client’s life was in danger after Griffin “made the decision” to steal the patrol car.
But during closing arguments Friday, Chief Senior Assistant District Attorney Sau Chan said Simmonds acted as “judge, jury and executioner” when he fatally shot Griffin. Chan added that Griffin should still be alive to face consequences for allegedly taking the unmarked patrol car.
“That man was not in fear for anybody’s life, he just needed his car back because he was embarrassed,” Chan said, adding that Simmonds didn’t want his higher ups to find out about the stolen vehicle.
Credit: Jonathan Hibbert
Credit: Jonathan Hibbert
Chan said witnesses contradicted Simmonds’ account of events that night.
Witnesses who were at the gas station the night of the incident testified they saw Simmonds pull out his service weapon and fire at the vehicle as it raced away. Simmonds said the witnesses lied on the stand.
According to the GBI, Griffin had begun to drive off before Simmonds fired multiple shots at him. The car traveled a short distance before crashing into two parked vehicles, with Griffin, who was unarmed, dead inside.
Video surveillance of the incident was shown to the jury during trial and then during deliberations, per their request. Body camera footage from after the incident was also shown during trial.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
During opening statements, Patterson said Griffin made a decision to commit a crime by stealing the unmarked patrol car and put Simmonds’ life in danger by doing so.
“Mr. Griffin would be alive today if he had not made the decision to be a car thief on Jan. 15, 2019,” Patterson said.
Griffin’s mother, Gaysha Glover, became emotional as she recalled learning of her son’s death.
“I tried to go see him, but they won’t let me pass,” Glover said.
No immunity
The jury of seven men and five women began deliberating after closing arguments Friday. Prosecutors said Simmonds declined a plea offer of 20 years, with 10 years in prison and the other 10 on probation.
A key decision in the case came in February when Judge Eric Dunaway ruled that Simmonds did not meet the burden needed to be granted immunity. Simmonds had claimed he was immune from prosecution because he was defending himself and his life was in danger.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
Simmonds was initially assigned to an administrative role after the shooting and was suspended without pay following the indictment. An emergency hearing had been scheduled to determine his fate with the department before he retired.
Simmonds was born in Jamaica and served as a police officer there for 13 years before coming to the U.S. in 2000. He joined APD in 2010 and is married with six children.
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