Sheriff's investigator won't be charged in fatal shooting

Tuesday, March 10, 2009 4:57 PM
Last updated 6:31 PM
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A Richmond County Sheriff investigator was justified in shooting a man who had just robbed a fast-food restaurant, District Attorney Ashley Wright has determined.

With “no evidence whatsoever of any criminal intent” in the shooting of Joseph Augustus Gooden, Ms. Wright will not pursue a criminal case against Investigator Tim Tobias, according to a letter she sent Monday to the Georgia Bureau of Investigation, which is investigating the fatal shooting.

Investigator Tobias shot Mr. Gooden, 26, the night of Nov. 24 after he robbed Captain D’s on Wrightsboro Road, according to the GBI.

In the letter, Ms. Wright says that Investigator Tobias was working a second job providing security at the restaurant that night.

Witnesses told investigators that Mr. Gooden had masked his face before entering the store with a gun later determined to be a BB rifle. All but one of the witnesses saw Mr. Gooden threaten employees and heard him demand money, Ms. Wright wrote. The gun was also put to the back of the assistant manager’s head.

As Mr. Gooden attempted to leave with the money, Investigator Tobias ordered him to stop. When Mr. Gooden didn’t obey, Investigator Tobias shot him, Ms. Wright wrote. He shot Mr. Gooden again when he would not stay on the ground.

None of the investigator’s four shots were fired at close range.

Georgia law allows a law enforcement officer to use deadly force when:

* An officer reasonably believes a suspected felon has a deadly weapon

* An officer reasonably believes a suspected felon could be an immediate danger to another

* An officer reasonably believes the suspected felon has caused or could have caused serious physical harm

* When an officer reasonably believes force is necessary to prevent an escape

“Applying the law to the foregoing undisputed facts, the shooting of Joseph Augustus Gooden was justified,” Ms. Wright wrote to the GBI investigators.

Without any criminal intent on Investigator Tobias’ part, there is no legal basis to submit the case to the grand jury, Ms. Wright wrote in her letter to the GBI.

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themaninthemirror
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themaninthemirror 03/10/09 - 05:11 pm
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If we could send more

If we could send more messages like this to the criminal community, you would see a decrease in this type of crime.

ListenAndLearn
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ListenAndLearn 03/10/09 - 06:23 pm
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Surprise, justus4 isn't

Surprise, justus4 isn't screaming like a banshee. Shoot his tires out, get out of the way, it was a BB gun, you didn't have to shoot him (like you can tell the difference from a distance). Applause to Inv Tobias, sorry you had to shoot him, but good riddance to one more piece of trash.

mieshell
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mieshell 03/10/09 - 06:57 pm
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No it won't.. the criminals

No it won't.. the criminals will be better prepared. The morons like this one, will continue to be stupid..

Craig Spinks
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Craig Spinks 03/10/09 - 07:00 pm
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THANKS for being right again,

THANKS for being right again, Madam District Attorney Wright!

55 F-100
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55 F-100 03/10/09 - 07:32 pm
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Award the officer a

Award the officer a commendation, and give him a pay raise for making Augusta a safer town. Hurrah!

Does_it_really_matter
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Does_it_really_matter 03/10/09 - 07:56 pm
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Thank you Inv. Tobias and

Thank you Inv. Tobias and D.A. Wright! The town is appreciative! Let the riots commence!

tdp
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tdp 03/10/09 - 09:03 pm
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Score one for the good guys!

Score one for the good guys!

BakersfieldCityLimits
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BakersfieldCityLimits 03/10/09 - 09:09 pm
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Comments removed at the

Comments removed at the direction of the Office of Reconcilliation and Truth.

lew767
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lew767 03/10/09 - 10:03 pm
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Thank You for doing your job.

Thank You for doing your job. I hope everyone feels as I do. If you do the crime be ready to face the judge. In this case it will be the Good Lord !

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