Internal Review Finds Deputy Acted Appropriately in Feb. Shooting

An internal investigation by the has determined Sgt. Shane Partain's use of force was justified who had taken two women hostage in a camper off of Jones Road on Feb. 17, 2011.

Partain had been off duty, but heard the call and was one of the deputies who responded.

"Sgt. Partain and other deputies gave verbal commands for [Andrew Mayerbach] to drop the pistol numerous times," according to the internal investigation report. "Mayerbach then raised the pistol and pointed it towards Deputy Frank Smith at which time Sgt. Partain fired a single round at Mayerbach." 

The bullet struck Mayerbach in the left forearm and traveled to his chest. Mayerbach then took his own life, the day following the incident.

Berry said at the time that an initial investigation concluded Partain's actions were justified, but it is standard procedure to conduct an external investigation and communicate all findings with the district attorney's office of the 10th District Western Judicial Circuit.

The Barrow County Sheriff's Office worked the outside investigation.

"[Western Judicial Circuit District Attorney Ken Mauldin] has indicated that his review is complete and that the case will not be sent to a grand jury," Chief Deputy Lee Weems noted in a news release on Wednesday.

The internal investigation's After Action Report is attached as a PDF.  The document does not include the findings of the independent review conducted by the DA's Office and the Barrow County Sheriff’s Office, Weems noted.