No charges for APD officer in fatal South Fulton shooting outside bar

Atlanta Police Officer Melvin Potter

The Fulton County District Attorney's Office has closed its investigation into an off-duty Atlanta police officer who fatally shot a man outside a South Fulton bar in 2024, determining the officer was justified in using deadly force, according to Atlanta's Capital B News

The district attorney's office said no charges will be filed against Officer Melvin Potter, who shot and killed 38-year-old Devon Anderson outside a bar on Old National Highway in August 2024. Prosecutors concluded Potter was justified in using deadly force, bringing the criminal investigation to a close.

Potter has been on paid administrative leave since the shooting.

Civil rights groups seek records

What they're saying:

The announcement comes after two civil rights organizations pressed the Atlanta Police Department to release internal records they say could reveal a pattern of misconduct involving off-duty officers.

The National Police Accountability Project and the Southern Center for Human Rights sought disciplinary records, incident reports, termination files and employment records related to Potter, Officer Garrett Rolfe and four Atlanta police recruits who were dismissed following an off-duty incident at an East Point nightclub.

The groups said the records are needed to evaluate how the department investigates and disciplines officers accused of misconduct while off duty.

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Other incidents cited

What they're saying:

The organizations also pointed to Rolfe, who was on administrative leave while facing a simple battery charge stemming from an alleged bar fight. Rolfe previously shot and killed Rayshard Brooks outside a southeast Atlanta Wendy's in 2020. He was initially charged with murder and aggravated assault, but prosecutors dropped those charges in 2022 after determining the shooting was justified.

The groups also referenced four Atlanta police recruits who were dismissed after an off-duty altercation outside an East Point nightclub. One of the recruits, Wendy Celestin, allegedly fired multiple shots outside the business.

Devin Barrington-Ward of the National Police Accountability Project said the organizations are concerned the public could perceive that officers receive different treatment than civilians when accused of wrongdoing.

Calls for oversight

The National Police Accountability Project and the Southern Center for Human Rights previously urged the Atlanta City Council's Committee on Public Safety and Legal Administration to hold a public hearing on the department's handling of off-duty misconduct, disciplinary delays and transparency.

The organizations argued greater public access to internal records is necessary to help restore confidence in the police department's accountability process.

Actions by family and friends

What's next:

According to Rough Draft Atlanta, family and friends appeared at an Atlanta City Council public safety meeting on June 22 and pressured the council to fire Potter. They cited Potter's record, including a DUI conviction in 2022 and a domestic violence investigation in 2017. 

Rough Draft Atlanta also reported that now the criminal investigation is concluded, the Atlanta Police Department will conduct an internal investigation. 

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