U.S. Court of Appeals schedules oral hearing
in case of controversial shooting of unarmed, 20-year-old Jayvis Benjamin
Attorney for the family of Benjamin, Patrick
Megaro, will argue the issues before the appeals court.
Orlando, FL (August 2018) – The law firm of
Halscott Megaro announced that an appeal involving the shooting of Jayvis
Benjamin will be heard by the Court of Appeals. In January 2013, Lynn Thomas, a
police officer in Decatur, Georgia shot and killed an unarmed 20-year-old black
college student, Jayvis Benjamin. Benjamin had allegedly stolen a car and crashed
it in a residential front yard. Officer Thomas shot and killed Benjamin after he
exited the vehicle through the window because the door would not open. The
facts as to what exactly happened when Benjamin exited are in dispute. The
police cruiser’s dashboard video of the incident
is inconclusive, the shooting took place off-camera.
A civil grand jury
recommended officer Lynn Thomas be indicted for Benjamin’s death. In March 2016, however, the District Attorney decided not to charge the
police officer, supposedly because its investigation concluded that a struggle
had ensued. See news report https://decaturish.com/2016/03/reports-avondale-estates-officer-will-not-be-charged-for-shooting-unarmed-man/
Officer Thomas was subsequently promoted to
Police Chief in 2016. See the news report at https://decaturish.com/2016/07/avondale-estates-officials-defend-hiring-police-chief-who-shot-unarmed-man/
With the assistance of attorney Patrick
Megaro, Benjamin’s mother filed a lawsuit over the death of her son in May 2016
pursuant to 42 U.S.C. § 1983 (civil rights violations) in the U.S. District
Court, Northern District of Georgia, alleging Excessive Force, Negligent
Hiring/Training/Retention of Employment Services, and Wrongful Death against
Avondale Estates Police Department (AEPD) Sergeant Lynn Thomas, Officer Thomas
Gillis, Chief Gary L. Broden, and The City of Avondale Estates. All of the
defendants except for Lynn Thomas were dismissed from the case. Lynn Thomas
successfully moved for summary judgment (a decision based on the pleadings and
available evidence before an actual trial), resulting in an appeal to the U.S.
Court of Appeals for the Eleventh Circuit.
The Court of
Appeals determined on August 3 that oral argument is necessary in this
case. The issues in the case are essentially as follows: whether there are material facts in dispute
that preclude summary judgment, especially where the issue is excessive force,
and whether deadly force was justified under the circumstances in which Jayvis
Benjamin was not being arrested for a violent offense, was not armed, and did
not attack Lynn Thomas.
Patrick Megaro, the attorney for Benjamin’s
family, noted that he appreciates the opportunity to explain the disputed
issues to the Court. “This case has been controversial and divisive. Facts are
in dispute. Hopefully the hearing before the Court will clarify the issues for
a just resolution of the matter.”
This incident has
been widely reported and commented on in the press. Based on the published
articles and opinions, it appears that to this day the facts are still
controversial and disputed. The many news articles about the incident include,
apart from the two articles referred to above:
The Atlanta Journal-Constitution: “DeKalb DA: Cop won’t be charged in controversial shooting,” https://www.myajc.com/news/crime--law/dekalb-cop-won-charged-controversial-shooting/Rf5YuWCDyIY321rHX2m8GN/
New York Daily News: “King: A Georgia cop gunned down unarmed black student Jayvis Benjamin nearly three years ago — so why no grand jury hearing?,” http://www.nydailynews.com/news/national/king-georgia-won-indict-fatally-shot-black-man-article-1.2466691
The appeals case is
MONTYE BENJAMIN, and on her own
behalf as administratrix for the estate of her Son Jayvis Ledell Benjamin v.
LYNN THOMAS, Court of Appeals Docket
#: 18-10204 (United States
Court of Appeals for the Eleventh Circuit).
About Attorney Patrick Megaro
Patrick Michael Megaro is a partner at
Halscott Megaro PA. His primary areas of practice are criminal defense,
criminal appeals, post-conviction relief, civil appeals, and civil rights
litigation.
**** Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation. Attorney Profile: https://criminal-defense-attorney.squarespace.com/patrick-michael-megaro-esq/ - Attorney Profile at: https://solomonlawguild.com/patrick-michael-megaro; Attorney News at: https://attorneygazette.com/patrick-megaro%2C-esq#ab17a387-a757-4c0f-bc37-81f556fd15ea
