Group protests indictment of man in viral IHOP video

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A small group of protesters marched from the Marietta Square to the Cobb County Courthouse Friday afternoon to protest the recent indictment of a man involved in a scuffle with police.

Officers with the Marietta Police Department arrested Renardo Lewis, 39, March 31 after a cook at the IHOP on Cobb Parkway called 911 to report he had threatened the restaurant's staff.

"You know how you make the figure like you've got a gun with your hand?  He said, 'I'm gonna mur-- I'm gonna kill all of y'all.'  And he spread his hand out like he was gonna shoot in all kinds of directions," the 911 caller said to the dispatcher. 

A video of Lewis' arrest went viral online after some questioned the officers' use of force. 

"Because of the pending criminal case against Mr. Lewis, we cannot comment further at this time," said Marietta Police Department Spokesman, Chuck McPhilamy, in a statement to FOX 5.  "We can tell you our investigation of the officers’ use of force has been completed and presented to the Cobb District Attorney’s Office. All aspects of the case have been thoroughly investigated and documented."

April 18 a Cobb County Grand Jury indicted Lewis on 14 counts including aggravated assault on a peace officer, attempted removal of weapon from public official, terroristic threats and public drunkenness. 

"It all goes back to March 31 and the incident that we all have seen on the video and I don't know where exactly in the video--I didn't see 14 counts," said Sarah Flack, Lewis' attorney, who helped organize Friday's protest.  "So, you know, that's troubling.  It's very concerning."

RELATED: Chaotic confrontation with police officers at Marietta IHOP

Flack also expressed concerns that her client has not yet had a bond hearing on the charges and has been in jail since his arrest last month.

"I have had cases in this very courthouse, in front of this very DA's office, people charged with armed robbery that are out on bond," said Flack.  "People charged with way more serious offense.  Why the DA's office didn't consent to a bond I'll never know."

The district attorney's office did file a notice earlier this week that they plan to present evidence in aggravation of punishment and recidivism.  According to court documents, Lewis pleaded guilty in 1996 to felony obstruction of a peace officer and possession of cocaine.  He also pleaded guilty to separate drug offenses in 1998 and 2001. 

"This man is 40 years old and has turned his life around remarkably, despite having felony convictions," Flack said.  "[He] has been a wonderful citizen of this community and for this DA's office to file a recidivist notice I think is just another example of one of the gaping holes in our criminal justice system." 

Flack said Lewis is scheduled for a bond hearing next Thursday.