FULTON COUNTY, Ga. - A Fulton County judge declines to drop charges against a former UberEATS driver accused of shooting and killing a customer.
Defense attorney Jackie Patterson said the case against his client, Roberts Bivines, should be thrown out as a result of the new evidence which he said shows the shooting was in self-defense. Patterson shared the video with FOX 5 News.
Patterson said his client was engaged in an argument and the customer approached his car two times with a hand in his pocket. Bivines’ attorney claimed his client did not know whether the customer may have had a weapon in his clothing.
Bivines’ attorney filed a request for an immunity hearing, but Judge Jerry Baxter said the video of the incident did not convincingly show the shooting was in self-defense. He ordered the case be moved forward with a jury trial.
Fulton County District Attorney Paul Howard commented earlier this month that the proper place for that video to be viewed was in front of a jury of Bivines’ peers.
Bivines was charged earlier this year with the felony murder of 30-year-old Atlanta resident Ryan Thornton. According to the Atlanta Police Department, Thornton ordered delivery from UberEATS Feb. 17 around and went outside The Concorde to pick up his food at around 11:30 p.m.
Bivines’ attorney claims the customer was the aggressor and became upset because the delivery was late. The pair argued and Thornton snatched the food, according to the attorney. He said the customer made a verbal threat, then made a motion reaching into his clothing. Bivines then drew his weapon, the attorney said.
Witnesses told investigators that he and the driver exchanged words and someone inside the car opened fire striking Thornton multiple times. The white Volkswagen then left the scene.
Paramedics transported Thornton to Grady Memorial Hospital where he later died. He was a graduate of Frederick Douglass High School and Morehouse College in Atlanta.
Bivines continued to be held at the Fulton County Jail without bond Tuesday. His trial is scheduled for next month.