The Atlanta Police Department fired officer James Burns for excessive force in the shooting death of Deravis Caine Rogers June 22, 2016. APD rejected claims that Burns feared for his life.

Atlanta cop who shot unarmed black man charged with murder

Howard said he will be seeking an indictment against Officer James Burns for felony murder, aggravated assault with a deadly weapon and violation of his oath of office for killing Deravis Caine Rogers outside a northeast Atlanta apartment complex.

Burns, who joined the force in 2013, was fired from the department July 1 after an internal affairs investigation determined that the shooting amounted to excessive force. Howard said he will take the case to a grand jury early next month.

“By reason of the evidence presented by several eye-witnesses, videos, and the findings of the Atlanta Police Department, we will proceed in this case in the same manner as any other defendant similarly charged — arrest, indictment and resolution,” Howard said in a statement.

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