Fort Oglethorpe police cleared in use-of-force investigation

According to the GBI, Dewayne Burns did not appear to be injured by shots fired at him when he tried to run over an officer.

FORT OGLETHORPE — The GBI has cleared Fort Oglethorpe police in a use-of-force investigation initiated by the police department following the capture of a man sought by Tennessee authorities.

According to a Georgia Bureau of Investigation release:

Dewayne Burns did not appear to have been injured by the shots fired when he tried to run over a Fort Oglethorpe police officer with his car.

After obtaining a search warrant for Burns’ car from a Catoosa County magistrate, a GBI crime scene specialist found a handgun and shotgun, both loaded, along with extra ammunition.

The incident occurred when officers spotted a vehicle the Tennessee Highway Patrol and Chattanooga Police Department had been chasing and tried to stop it.

Catoosa County 911 had given a lookout over the radio for Burns, advising that he was wanted and considered armed and dangerous. Fort Oglethorpe officers spotted Burns’ vehicle on Battlefield Parkway and chased him down Lakeshore Drive.

Burns attempted to run over one of the officers after a felony vehicle stop was conducted and officers fired multiple shots. He then drove off through Fort Oglethorpe and into the Chickamauga Battlefield.

He was captured in the battlefield after he crashed and fled on foot.

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Defense wants to move trial for toddler’s hot-car death

MARIETTA — The legal team for Justin Ross Harris, the Marietta father accused of leaving his 22month-old son to die in a hot car in 2014, is attempting to get his trial moved out of Cobb County.

A hearing on the defense motion is scheduled to begin at 9 a.m. today.

In the motion for change of venue filed Friday, Harris’ attorneys argue that “an impartial jury cannot be obtained in the county where the crime is alleged to have been committed.”

More than 300 potential jurors received summons, Harris’ attorneys say, and 85 had been questioned at the time the filing was prepared. Of those, more than 40 testified that they have “either formed an opinion that (Harris) is guilty, expressed an opinion as to (Harris’) guilt, have bias against (Harris), are not perfectly impartial between the state and the accused, and/or would require (Harris) to prove he is not guilty.”

Harris’ attorneys contend the intense publicity the case has received is to blame for the inability to find an impartial jury.

Attorneys on both sides of the case are set to come before Staley to address the change of venue request. If Staley rules to keep the trial in Cobb, jury selection would continue.

Friday was the 15th day of jury selection, which has, so far, produced 41 qualified jurors. Those involved in the case have said they believe a pool of 50 is needed to move forward on final selection of 12 jurors and an expected two to four alternates.

Once the pool is finalized, both the prosecution and defense will get nine “strikes” to eliminate individuals they do not want on the jury.

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