ATLANTA — The family of a man killed by an Atlanta police officer has filed a wrongful death lawsuit against the department.
[ Channel 2’s Richard Elliot ]
was at a news conference Thursday morning at which the family of Caine Rogers said the officer accused in the shooting was a “ticking time bomb.”
Roger’s mother says she desperately misses her son.
“He was just a very compassionate child. Again, he was my oldest and I loved him dearly,” said Melva Rogers.
Prosecutors charged James Burns with
[ murder on July 15 in the shooting death of the 22-year-old man. ]
Investigators say Burns used unnecessary force when he fired into Rogers' car at a Midtown apartment parking lot in June.
Burns told investigators he shot at a car that was "trying to run me over and kill me."
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But a police internal affairs investigation found that evidence contradicted Burns' version of what happened. It showed that Burns had shot into a vehicle not knowing whether 22-year-old Rogers was the person he'd been called to investigate at a northeast Atlanta apartment complex.
Burns was fired and felony murder charges were brought against him. %
%
Rogers' mother has filed a wrongful death lawsuit against Burns and the Atlanta Police Department.
Burns’ criminal defense attorney thinks a lawsuit might hurt the prosecution’s case, but it does not surprise him.
“But hey, the world’s full of lawyers filing lawsuits all the time. Why would any of us be shocked?” Drew Findling said.
A judge set bond for Burns at $240,000. He was released from jail early Friday morning.
Attorneys for the family say they believe there is video of the shooting and they are asking for it to be released.