FILE - Former DeKalb County police officer Robert Olsen prepares to be processed after his sentencing, Friday, Nov. 1, 2019, in Decatur, Ga. An appeals court has overturned the convictions of Olsen, Wednesday, March 13, 2024, who shot and killed an unarmed, naked man. ATLANTA — An appeals court has overturned the convictions of a former Georgia police officer who shot and killed an unarmed, naked man.
Georgia law says the use of force that is intended or likely to cause death is justified if a person “reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.” That law “expressly nullifies any local rules or policies in conflict with its provision,” Rickman wrote.
Rickman, writing for a three-judge panel, noted that prosecutors can retry Olsen on the aggravated assault charge. But the opinion says the state cannot retry him on the violation of oath counts because those were based on a violation of the use of force policy.“It was clear from the outset of this case that the local police department’s ‘Use of Force Policy’ was not a document that supersedes the state law that governs all cases involving self-defense,” Samuel wrote in an email.
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