Grand Jury Recommends Cop be Indicted in 2013 Shooting of Atlanta Young Man

An officer-involved shooting case in DeKalb County from 2013 will now to go a criminal grand jury.

In January 2013, Avondale Estates police shot and killed 20-year-old Jayvis Benjamin after they said he crashed a stolen car into a front yard and then tried to attack a police officer.  Witnesses speaking on camera at the scene corroborated the officer’s story.

But Benjamin’s family recently told CBS46 they wanted answers to whether or not the shooting of their loved one was justified, based on the fact that he was not armed when he was shot.

“I want closure, my family wants closure, my mother wants closure,” said Jayvis Benjamin’s brother, Steven Benjamin. “This is something she’s had to hold over her head for two years and some months.”

Shortly after the interview, the Benjamin family was invited to sit in on a grand jury that started reviewing the case, and they were allowed to give impact statements.

In the two years leading up to that the family campaigned for that result, and now that it finally happened, the district attorney is saying the family’s efforts had nothing to do with it.

“I’m not so sure about that. I think once the media put the information out there, a lot of this really took high speed,” said Steven Benjamin, “If it’s a coincidence, these are some very peculiar coincidences.”

DeKalb County District Attorney, Robert James, said the Benjamin family deserves no credit for the recent announcement by the grand jury that they strongly recommend moving forward on an indictment against the Avondale Estates Police Officer who shot Jayvis Benjamin. He said it’s something that would have occurred naturally with or without their public demands.

“From my perspective, it’s important that the public have an opportunity to weigh in,” said James.

Benjamin’s mother said, no matter how it happened, she’s grateful that it occurred and that she was able to sit in and watch.

“Because all the questions that I had during the entire process were asked during that particular session, and then they were answered, so with that being said, it was kind of enlightening,” said Montye Benjamin.

District Attorney James said ever since the events in Ferguson, he made it his policy to go out of his way to inform grand juries that they have the ability to review past officer-involved shootings. Before that, they had to know on their own that they could do that. He said that’s probably why the grand jury suddenly chose to look at six past cases in their last session.

“But in terms of our office having a position that it not go forward, that’s not true,” said James.

Of the six recent police-involved shootings in the county, the Benjamin case is the only one they asked to proceed further.

The district attorney said the next grand jury that will look at evidence will meet in May or June, and that’s when a final decision will be made.