Vol. 79/No. 31      September 7, 2015

A week later the federal prosecutor for Georgia’s Northern District told Waiters and her attorneys that his office will open an investigation into the shooting.

Cop Luther Lewis said he chased Waiters Dec. 14, 2011, when he saw him running after getting reports of teenagers fighting with shots fired. He drew his gun and ordered the Black teenager to lie down, which he did. Lewis shot Waiters twice in the back as he lay on the ground face down being handcuffed. There were no witnesses and the cop claimed later that Waiters tried to grab for his gun.

Fulton County District Attorney Paul Howard reopened the case after police lieutenant Chris McElroy, who had been in charge on the scene, came forward and contradicted Lewis’ story. He also implicated the police chief who covered for Lewis.

“I think Mr. Waiters died senselessly and his family deserves some closure,” McElroy told the press. “It’s not sat right with me from the very first time I arrived on the scene.”

Supporters of the Waiters family have continued to protest and circulated a petition demanding Lewis be fired and for the removal of the police chief.

Attorneys and the investigator for the Waiters family said that while the new evidence leading to reopening the case was strong, Georgia law allows cops, unlike family members and their attorneys, to be present during the entire grand jury proceedings. Lewis made an emotional 90-minute statement to close the hearing. Under state law he could not then be questioned or cross examined.  
 
 
 
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