Former East Point Police Indicted for Murder

Staff Report

A Fulton County Grand Jury has indicted two former East Point Police Officers in connection with a fatal excessive use of force case. 41-year-old Marcus Eberhart and 49-year-old Howard Weems are charged with Felony Murder, Aggravated Assault, Involuntary Manslaughter, Reckless Conduct and Violation of Oath (three counts) for the Taser-induced death of 24-year-old Gregory Towns.

The charges against the two men stem from an incident that occurred on April 11, 2014. Officers were called to a townhome community in the 4400 Block of Highwood Drive in East Point on a domestic dispute call involving Mr. Towns and his girlfriend. Soon after encountering police in the parking lot, Towns ran away into a nearby wooded area. He was soon caught and handcuffed by the pursuing officer. Shortly after his capture, Sergeant Eberhart and Corporal Weems arrived on the scene and demanded that the victim stand and walk to a waiting patrol car. Mr. Towns indicated he was “out of breath” and could not stand. The indictment alleges both officers then began to “tase” Towns, who, at the time, wore only a t-shirt and boxer shorts. On several occasions Towns attempted to stand and move to the patrol vehicle only to collapse to the ground out of exhaustion. Even while he cried out in pain from the electrical charge of the Taser, the indictment alleges both officers continued to tase the handcuffed, defenseless and exhausted suspect. After repeated jolts from the Taser, Towns finally lapsed into unconsciousness. He was pronounced dead shortly afterwards.

The East Point Police Department quickly moved to investigate the incident and discipline both officers. Former East Point Police Chief Woodrow Blue sought termination of both men involved. Sgt. Eberhart was allowed to resign in lieu of termination on July 9, 2014. Cpl. Weems was terminated the next day.

Because of safety issues normally associated with the incarceration of law enforcement officers, bond has been set at $100,000.00 for each defendant.

Following Monday’s indictment, the case will be assigned to a Fulton County Superior Court Judge and scheduled for trial.