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Attorney Hoss: Police Shooting Of Man With Rifle "Was 100 Percent Justified"

Says Heyward Made Sweeping Move With Weapon Toward 6 Officers

Thursday, August 06, 2009

Attorney Bryan Hoss said the police shooting in which three volleys of shots were fired at a man with a rifle on July 18 "was 100 percent justified."

Attorney Hoss, who represents the officers, said the officers fired after 32-year-old Alonzo Heyward lowered the rifle and pointed it in a sweeping motion toward them. He said, "The barrel of the rifle was pointed right toward them."

He said there were three volleys of shots as the man "kept a death grip" on the rifle and kept pointing it in their direction.

Attorney Hoss said the rifle finally had to be pulled from the man as he fell on it on the porch of his home at 4316 7th Ave. in East Lake.

Authorities said the six officers fired 59 shots and the victim had 43 bullet wounds.

Attorney Hoss said the incident started when police got a call that there was a suicidal man with a gun at the McDonald's parking lot on Rossville Boulevard.

He said three officers arrived and found Heyward holding a rifle to his chin. He said two men who were with him said he was drunk and threatening to kill himself.

The attorney said the officers pulled their weapons and "literally begged him to put the weapon down."

He said the officers began to ring the man, and they eventually were joined by three other officers. The six officers were Lauren Bacha, Deborah Dennison, Zachery Moody, George Romero, William Salyers and Bryan Wood.

Attorney Hoss said a sizable crowd also began to gather, and the officers were fearful that someone in the crowd might get hit by a shot.

He said Heyward began to walk slowly toward his home about 200 yards away, while keeping the rifle up to his chin. The officers and the crowd followed.

The attorney said Heyward reached his house and went up on the porch. He said the officers were concerned about anyone that might be inside the house and they again ordered him to put the weapon down.

He said at this point there was a move made to tase the man. He said one of the darts from the tase was later found in him, while another dart was located near him.

Attorney Hoss said at that point Heyward lowered the rifle and made a sweeping motion with it in the direction of the officers.

On a tape of the incident, the senior officer (Wood) can be heard shouting, "No, No, No," he said.

Attorney Hoss said, "At that point they perceived the threat and they fired. All they could do was shoot."

He said all six had the same reaction "that was in line with the way they had been trained."

He added, "Under the law, they have the right to use deadly force under that circumstance."

He said after the first volley of shots that Heyward still kept the gun trained on the officers and they fired again. He said a third volley was fired as he "kept the death grip" on the weapon.

He said one of the officers at one point saw dirt kick up at his feet and he believed that Heyward had fired a shot. He said no officer, however, saw the man with any lever action, and the rifle was found to be fully loaded with a round in the chamber.

He said a rifle shell was found at the scene, but he said Heyward "might have fired a shot earlier that day."

Attorney Hoss said, "This case was handled differently in that the TBI was immediately called in. There was a TBI officer at the scene when I got there at 6 o'clock."

He said there would not have been time to get negotiators to the scene, saying the incident took place "in just a few minutes."

Attorney Hoss said he knows of no video of the actual shooting, though there is audio.

He said the officers have returned to duty after observing seven days of administrative leave with pay as is the standard practice in such cases.

He stated, "It is difficult for any officer to be involved in a situation like this, and the department offers them counseling. However, I believe they all are doing well."


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