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Wrongful death suit filed in Magic City shooting
The family of Gerrone Avery has filed a wrongful death lawsuit claiming an off-duty officer shot the 32-year-old six times as he walked away from a robbery outside Magic City.
ATLANTA - The family of Gerrone Avery has officially filed a wrongful death lawsuit in Fulton County following his fatal shooting outside Magic City in May 2024.
The lawsuit comes as the family continues to push for criminal charges against the off-duty officer involved, maintaining that surveillance video proves Avery was never a threat.
What we know:
According to the complaint filed Thursday, the incident occurred on May 4, 2024, in the vicinity of the iconic Magic City strip club in downtown Atlanta. Attorneys for the family state that Avery was not an aggressor, but a victim who was attempting to retreat after surviving an attempted robbery.
The lawsuit alleges that Marcus Hayes, an off-duty police officer who was working a private security detail for APS Valet at the time, opened fire on Avery as he was walking away. The Fulton County Medical Examiner’s report later confirmed Avery was shot six times. The death was officially ruled a homicide.
The legal filing argues that the businesses involved failed to provide proper safeguards, training, or supervision for armed personnel working in a public setting. "Mr. Avery was not a threat when he was killed," the complaint asserts, labeling the shooting a violation of his constitutional rights.
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Magic City shooting victim's family files lawsuit
Loved ones of a man shot and killed outside the well-known Atlanta strip club, Magic City, have filed a wrongful death lawsuit. Atlanta police say 32-year-old Gerrone Avery was found gunned down on Forsyth Street just before 4 a.m. on May 4. Avery's family speaks on the tragedy and how it's affected them.
The family’s fight
What they're saying:
At a news conference in DeKalb County on Thursday, Avery’s mother, Tara Avery, spoke about the void left by her son’s death.
The family’s legal team maintains that surveillance footage from the night of the shooting contradicts any claim of self-defense, showing Avery was in the process of leaving when the fatal shots were fired.
What's next:
While the civil lawsuit moves forward in Fulton County Superior Court, a criminal investigation remains active. The Fulton County District Attorney's office is still reviewing the case to determine if criminal charges will be brought against Hayes.
To date, no charges have been filed, but the Avery family and their attorneys say they remain hopeful that a grand jury will eventually see the evidence and return an indictment.
The Source: The information in this story was gathered from a wrongful death lawsuit filed in Fulton County and statements made during a news conference by the Avery family and their legal team.