Fulton County judge throws out indictment against 6 jail deputies in inmate’s death

In 2018, Antonio May was booked into the Fulton County Jail on a misdemeanor charge.

An investigation by the Georgia Bureau of Investigation found he was dealing with mental health and substance abuse problems when he was shocked with a stun gun and pepper sprayed. May died in jail.

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A grand jury previously indicted deputies assigned to jail: Aaron Cook, Guito Dela Cruz, Omar Jackson, Jason Roache, Kenesia Strowder and William Whitaker. The deputies were indicted on murder charges.

“This is not an anti-police moment,” the May family attorney said in 2021. “This is an accountability moment. This is holding people responsible for taking a man’s life in cold blood—that’s what this is about.”

In his ruling on Monday, McBurney wrote that the state did not give the six defendants a chance to appear before a grand jury.

“The Court thus finds that all six Defendants were entitled to notice of the District Attorney’s intention to present an indictment charging them with crimes allegedly committed while performing their official duties. They were similarly entitled to appear before the grand jury as it considered the State’s presentment. Because none of this occurred, the present indictment is QUASHED.”

To get the case to move forward, McBurney said prosecutors could obtain a new indictment and follow the correct steps to ensure that indictment does not fail.

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