DeKalb DA Recuses Office From 'Cop City' Shooting Case

EAST ATLANTA, GA — DeKalb County District Attorney Sherry Boston has recused herself and her office from reviewing the investigative file and pursuing any possible prosecution in the shooting of a Georgia State Patrol trooper and the killing of the person accused in the shooting.

The shooting happened around 9 a.m. on Wednesday, Jan. 18, at the future site of the Atlanta Public Safety Training Center at Key Road near Constitution Road, where a multi-jurisdictional task force was clearing out people from the scene. The site is also known as "Cop City."

The person accused in the shooting was a nonbinary person who went by the name Tortuguita and used they/it pronouns. Tortuguita died at the scene.

Boston said the trooper was critically wounded in the shooting.

The Georgia State Patrol told Patch Tuesday the trooper remained in stable condition and was resting.

The Georgia Bureau of Investigation is probing the case. Regular protocol is to turn the case files over to the local district attorney's office once the investigation is completed.

Boston said the recusal is due to the involvement of the district attorney's office in the joint task force.

"The overreaching reasoning for my recusal is that it is simply the right thing to do," Boston said at a news conference. "It avoids the appearance of any impropriety and is consistent with the mission of my office and our efforts to instill community trust and confidence in our criminal justice system."

The Prosecuting Attorneys Council is now tasked with assigning new council to the case.

Seven people were arrested the day of the shooting on unrelated charges of domestic terrorism. Boston confirmed her office will still lead prosecution in those cases.

The district attorney has not recused itself from any shooting case involving law enforcement since Boston took office in 2017.

DeKalb County Police said Friday the department is increasing its visibility near Intrenchment Creek neighborhoods, including areas near Key, Fayetteville and Constitution roads.

"The DeKalb County Police Department prioritizes the safety of our community. Residents who see any suspicious activity should call 911," police said.