Ward brought the recordings to Special Agent James Hosty of the FBI’s Atlanta Bureau. Hosty was the agent initially assigned to the inquiry, but the agency allowed the GBI to take the lead in the investigation, and closed the case the Fulton County grand jury failed to indict. Yet, neither Burdette nor other Union City officers with first-hand knowledge were ever interviewed by the GBI.
Ward then presented copies of the evidence and recordings to WSB television and the Atlanta Journal-Constitution, who began their own investigation, confirming Ward’s findings.
When the media began making specific inquiries over the past week and followed up with interviews of numerous officers, past and present, named from Ward’s investigation, Howard quickly re-opened the case. “All of the signs were there all along,” comments Waiters.
“If Odom had done his job and taken Lewis off the street, my son would still be here.” She intends to drive this point home at the Union City Council Meeting on May 19, asking for his resignation. “I’ve invited the community of Union City and Georgia civil right leaders to attend and participate.”
“The Chief of Police should resign now – and should be in jail,” Beasley adds. He also faults the present grand jury system in this, and many other such cases, pointing out legislation proposed in Congress January 2015 by Georgia Fourth District Representative Hank Johnson as a remedy. Johnson’s “Grand Jury Reform Act, H.R. 429,” requires the appointment of a special prosecutor to conduct an investigation and present the results to a judge in a probable cause hearing, open to the public, whenever a police officer kills an individual while acting in the line of duty. It further specifies that in order for local law enforcement agencies to receive federal funding, they would have to comply with the process.
Freda Waiters talks nightly to son through prayer. “I am forever saying, I miss you so much. I thank God, and ask Him to give Ariston a hug for me.” While Burdette wishes he acted sooner, he believes that Waiters will finally get the closure she deserves. “I want her to know that all white police officer are not bad,” says Burdette. “I’m am very sorry that it happened to her son.”
A Fulton County Grand Jury declined to indict Union City police officer Luther Lewis on August 8, 2015 for the December 14, 2011 murder of 19-year-old Ariston Waiters. Lewis was attempting to arrest Waiters without probable cause that he had been involved in any crime. Fulton County District Attorney Paul Howard stated that the arrest was “illegal.” Evidence and Luther’s own testimony showed Luther pulled his gun and shot Waiters in the back twice. Mr. Waiters was face down on the ground with his hands behind his back while being handcuffed.
This was the second grand jury inquiry into the Waiters case. Howard reopened the case after news media investigations revealed that four incidents involving Luther had been removed from his file and not presented to the first grand jury and that DNA evidence did not support the claim by Lewis that Waiters touched his gun. The DNA results and facts involving the Union City police record cover-up were presented to the second grand jury.
But both grand juries, like many others around the country, could not have been properly informed of their duties by the prosecutors and Superior Court judges. Georgia code for grand jurors explains that “…it is their duty as jurors to make presentments of any violations of the laws which they may know to have been committed at any previous time which are not barred by the statute of limitations.” [O.C.G.A. 15-12-74] In the Waiters case, there was no real dispute that violations occurred. By failing to indict Lewis with a “True bill” for any type of violation committed, the grand jury did not fulfill its obligations.
Only public officials have a right to defend themselves before a grand jury. That is inconsistent with equal protection clauses of the U.S. and Georgia Constitutions. Private Investigator T.J. Ward stated that Lewis testified for an hour and 45 minutes including emotional subjects such as his medical problems and military service.
These subjects are immaterial for the purpose of deciding whether or not to indict a defendant. That type of evidence is introduced during the course of a normal trial after a “True Bill” decision. The grand jury “No Bill” leaves Ariston Waiters’ family, including mother Freda and young daughter, no opportunity to seek justice in a state court.
Former Police Chief and Judge, Paul Nally, a leading expert on Georgia grand juries explained: “This case demonstrates the problems associated with grand jurors not properly understanding or being properly informed of their statutory duties. Ordinarily, defense topics not directly related to the charges in question should be left to the inquiry of a trial jury except in cases where there is an abuse of government police power."
"Additionally," Nally continues, "the grand jury could have returned a Presentment on a lesser included charge. Furthermore, it appears that the Jurors were not informed of, or allowed to entertain an inquiry into, the possible criminal negligence of the governmental corporation for which Lewis worked.”