ATLANTA — The Fulton County district attorney opened his case file in a controversial homicide Tuesday.
Fulton County District Attorney Paul Howard told Channel 2 investigative reporter Mark Winne that Georgia's "stand your ground" law may be a factor in the case.
"It was a year after Georgia's 'stand your ground' law was passed," Howard said.
Prosecutors at the Fulton District Attorney's Office say it was one of the first cases where Georgia's then-new "stand your ground" law played a role.
"We had something now that we did not have to face before," Howard said.
A prosecutor says authorities believe real estate developer Byron Washington kicked in a door on a couple staying as guests of his estranged wife and one of them shot and killed Washington in 2007.
Meanwhile, the door's still open on the case.
"You are saying there is not enough evidence to charge anybody?" asked Winne.
"That's correct. We've worked on it. We've spent a lot of time reviewing all of the facts and currently it is just not there," said Howard.
Prosecutors suggest, for now, there's not enough to go forward against a shooter arrested soon after – even after two top violent crime prosecutors, Sheila Ross and Lance Cross, wound up on the case.
After bringing in highly regarded firearms expert Kelly Fite, key witness many times for the prosecution before retiring from the GBI.
Fite said the shooter's story and the evidence were consistent with self-defense, which he says is also backed up by a GBI reconstruction.
Howard assures the case is still alive. Prosecutors said a 2008 memo from the original homicide detective about insufficient evidence against the shooter would be available to the defense if the shooter were charged.
WSBTV
