March 23, 2015
Smyrna Police Officer Mark Cole was heading north on Atlanta Road around 5:30 p.m. toward the Smyrna Police Department when he noticed a black Mercedes stop short of an intersection in an apparent effort to avoid contact with him. Cole checked the license tag on his computer, which showed the Mercedes was registered to a female. The computer system also linked the woman and Nicholas Thomas to a prior domestic dispute. Months earlier, Thomas' girlfriend complained to police he had taken her Mercedes without permission, stolen keys from her, and she warned police Thomas had an outstanding warrant from Clayton County.
Cole wrote in his report Thomas drove at a high rate of speed to elude him and was successful.
The computer information on Thomas also showed he had a suspended license due to a drug charge in 2014 as well as a history of fleeing from police, assault, and giving a false name to police. The warrant from Clayton County "contained alerts for violent tendencies and being known to abuse drugs."
March 24, 2015
Cole and other officers seek to find Thomas, learning he was likely working at his job at the Cumberland Goodyear. Since the Goodyear is outside of the city limits, Smyrna police contacts Cobb County police for assistance. Officers are familiar with Thomas' arrest record, which includes a May 2014 guilty plea for aggravated assault on peace officer, attempting to elude, and other charges, which resulted from a police chase involving Kennesaw State University Police.
Thomas is in a customer's Maserati when police arrive and attempts to get away by driving around the rear of the store. Goodyear's video system picks up part of the incident. Sources familiar with the investigation say the video shows several officers jumping out of the way of the fleeing car as it travels in the rear of the building. As the car passes Smyrna Sgt. Kenneth Owens, he fires into the car, concerned about a K-9 officer in the car's path. One shot hits Thomas in the right side of his back, killing him.
Minutes after the car comes to rest against a curb, an officer with a "less lethal" shotgun fires bean-bags in an attempt to shatter the deeply-tinted windows to see inside. The bean bags fail to break the Maserati's windows. Thomas is found unresponsive minutes later.
March 25, 2015
An autopsy finds one bullet hit and killed Thomas, striking him in the right side of the back traveling diagonally toward the front left side The bullet remained in his body and was recovered. Toxicology results received in early June show Thomas' blood tested positive for marijuana.
The report concludes: "The manner of death is classified as homicide. The designation of the manner of death as homicide does not necessarily indicate improper actions on the part of the police."
March 31, 2015
Hundreds attend a rally outside Smyrna City Hall to protest the shooting. Huey Thomas, Nicholas Thomas' father, and others denounce Cobb County's investigation into the shooting and call for the Georgia Bureau of Investigation to take over. They also question whether Owens' prior arrest on a domestic violence charge made him unfit for duty.
April 2, 2015
Cobb County district attorney announces he will bring in the GBI to investigate the Thomas' shooting. Vic Reynolds says Cobb County will continue its investigation, but the GBI will start a "separate and independent" investigation. Reynolds warns the GBI investigation will mean more time before a case will be presented before a grand jury.
Reynolds declines requests to release video evidence from the Goodyear store.
April 18, 2015
Hundreds attend a funeral for Nicholas Thomas.
Late May
Cobb County investigators conclude their work in the case and send a report to the DA's office.
Owens returns to work in an administrative capacity. He is seen entering Smyrna police headquarters in plain clothes.
June 17, 2015
Thomas' family and their lawyers meet with GBI agents, having learned their investigation is complete. The GBI refuses to allow them to view evidence, including the Goodyear videotape. Thomas' mother, Felecia Thomas, calls the visit a "waste of time" and complains the GBI is "just holding Smyrna and Cobb County's hands." Lawyer Mawuli Davis says he sees no hope the family will receive justice from the investigation.
Cobb County's district attorney releases a statement, saying he won't release evidence in a pending investigation and says he will present the case to a grand jury in July. The grand jury will be presented the evidence in the case and then asked if the case appears to be a justifiable shooting or requires more investigation that could lead to criminal charges. However, if the district attorney's review of the evidence makes it clear a crime has been committed, Reynolds says he could ask the grand jury to hand down an indictment.
June 18, 2015
The medical examiner's report is released to those who filed open records requests.
WSBTV
