UNION CITY, Ga. — The grieving mother of a man who was shot and killed by a police officer says she is waiting for justice. The police officer who shot her unarmed son five years ago was never indicted after two grand juries heard the case.
When Freda Waiters found out a Fulton County grand jury indicted Atlanta Police Officer James Burns on murder chargers last week, she felt a sense of victory for Caine Rogers' family.
"I cried, and thank God that she got justice in the accountability," Waiters said.
Waiters says she's been waiting on justice for her son, Ariston Waiters, for five years.
He was 19 years old and unarmed when Union City police Officer Luther Lewis shot and killed him in December 2011. %
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Six months after his death, the first grand jury chose not to indict Officer Lewis.
During that hearing, Lewis testified that he killed the victim because he tried to grab his gun.
Investigators said the victim was face down on the ground, one handcuffed hand behind his back, when Officer Lewis shot him twice in the back.
Three years later, the Fulton County District Attorney's Office opened the case when a Union City lieutenant broke his silence and said Waiters never tried to grab Lewis' gun.
The U.S. Department of Justice is now investigating Waiters' shooting.
While Freda Waiters awaits the conclusion of the federal investigation, she continues to grieve her only son. She said she can't forget what the DA told her about her son's case.