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NOTICE OF CIVIL INSPECTION AND INVESTIGATION

BY GRAND JURY
IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA
In Re:

Investigation
of
Savannah Chatham Metropolitan
Police Department
Use of Deadly Force on October 27-28. 2015
Chatham County Grand Jury
Proceedings, March, 2016
Term

GENERAL PRESENTMENT
Comes now, Sidney J. Bolch, IV, Foreperson of the Chatham County Grand Jury for the March, 2016
Term of the Superior Court and makes the following General Presentment:
1.
On March 7, 2016, this Grand Jury was empaneled as provided by law.
2.

Under the provisions ofO.C.G.A.15-12-71, this Grand Jury is authorized to inspect and investigate the
Savannah Chatham Metropolitan Police Department, a public authority of Chatham County.

3.
On April20, 2016, in accordance with O.C.G.A. 15-12-71 (b) (2), eight or more of the members of the
Grand Jury voted that it was necessary to conduct an inspection and investigation of Savannah
Chatham Metropolitan Police Department concerning the fatal shooting of Tyrie Cuyler on or about
October 27, 2015. In accordance thereof the Grand Jury has appointed all of its members to serve as a

committee to conduct said inspection and investigation.

4.
The scope of this inspection and investigation is to examine the use of lethal force used by an officer I
officers of the Savannah Chatham Metropolitan Police Department on or about October 27, 2015 during
which Tyrie Cuyler was killed. On May 23, 2016, the committee heard evidence and hereby makes the
following findings of fact:
a. On October 27, 2015 officers Ruben Colon, Daniel Kang, Michael Gonzales and John Hauber
were on duty as Savannah Chatham Metropolitan Police officers. Each were in uniform and
assigned to marked patrol cars conspicuously showing them to be members of Savannah
Chatham Metropolitan Police Department (SCMPD), and
b. While acting in the performance of their official duties, officers Colon and Kang observed Tyrie
Cuyler operating a motor vehicle and Cuyer failed to stop completely at a stop sign causing
officer Colon to apply the brakes to his police car to avoid a collision on Ogeechee Road, a
public roadway in Chatham County, Georgia and
c. Officer Colon activated the blue lights on his police car to effect a lawful traffic stop and Cuyler
stopped his vehicle on West 36th Street at Ogeechee Road, Chatham County, Georgia, and
d. Shortly after the traffic stop was made a few minutes before midnight, officers Gonzales and
Hauber arrived at West 36th Street and Ogeechee Road to backup officers Colon and Kang, and
e. Officer Colon approached Cuyler and was the closest officer to Cuyler. Officer Kang was
standing behind officer Colon. Officer Hauber was on the passenger side of Cuyler's vehicle
with a flashlight aimed at the inside of Cuyler's vehicle. Officer Gonzales was standing behind
and to officer Colon's left on the driver side of Cuyler's vehicle, and
f.

Cuyler admitted to officer Colon that he did not have his driver's license on his person as

required by law during the operation of a motor vehicle on the public roads of this state, and
g. When officer Colon asked Cuyler to turn his vehicle off, officer Colon noted hesitation by Cuyler
which aroused officer Colon's suspicions and as a result, officer Colon made a lawful request
that Cuyler get out of his vehicle, and
h. Cuyler hesitated getting out of the vehicle as directed by officer Colon and began reaching
between the driver's seat and passenger's seat. After being told repeatedly by officer Colon not
to reach for anything, Cuyler grabbed a hand gun and quickly exited his vehicle, and

i.

As Cuyler exited his vehicle, without any provocation whatsoever, he shot officer Colon and
officer Gonzales and thereafter ran from the scene, and

j.

The shooting without justification of officers Colon and Gonzales constituted the commission of
a violent felony, Aggravated Assault, and as Cuyler fled to avoid arrest, he fired a

3rd

round from

his gun, and

k. Immediately after shooting officers Colon and Gonzales, officers Colon, Gonzales, and Hauber
justifiably returned fire to prevent Cuyler's escape. Cuyler was struck and killed by police
gunfire, and

I.

The Georgia Bureau of Investigation (GBI) investigated the shooting and their findings showed
as follows:
1. Cuyler was armed with a .38 caliber Smith & Wesson revolver which contained 3 spent shell
casings; the handle was wrapped with electrical tape in an apparent attempt to not leave
fingerprints,
2. Inside Cuyler's pocket were 16 individually packed baggies containing cocaine, a schedule II
controlled substance, the possession of which is a felony
3. Cuyler was a two time convicted felon (Possession of Cocaine, 2008 and Robbery, 2009)

which made the possession of a firearm by Cuyler a felony, and

4. Cuyler was arrested on 03-18-15 by the Mcintosh County Sheriff's Department for the Crime
of Possession of a Firearm by Convicted Felon, and had been released on bond for that
offense, and
5. Cuyler had raped a female inside her Savannah West Duffy Street residence on 10-21-15.
That rape was still under investigation on 10-27-15 when Cuyler was killed. However, DNA
evidence and the victim's positive identification of Cuyler following his death established that
Cuyler was her rapist, and
6. Cuyler had raped another female inside her Savannah East Duffy Street residence on
08-09-15. Cuyler was linked to this rape by the similarities to the 10-21-15 rape. That rape
was still under investigation on 10-27-15 when Cuyler was killed, and
7. Officer Colon fired 8 rounds, officer Gonzales fired 6 rounds and officer Hauber fired 5
rounds from their official Glock pistols. Officer Kang did not fire his weapon, and
8. Examination of the bullets recovered from Cuyler's body at autopsy by a GBI ballistics
expert revealed that the bullets which struck Cuyler could not be identified as coming from a
specific officer's gun - a finding that is not unusual when comparing bullets fired from
Glocks, and
9. The neighborhood where the shooting occurred was canvassed and numerous residents
were found who heard gunfire but no resident was found who witnessed the shooting, and
10. Effie Magee, the only civilian witness found, who was returning home from work, witnessed
the shooting and her description was consistent with the description by officers Colon,
Gonzales, Hauber and Kang
m. Items (I) 2-6 above illustrate Cuyler's desperate motivation to use unjustified deadly force

against police officers to escape his impending arrest, and

n. Officers Colon, Gonzales and Hauber each had their body cameras operating which recorded
the shooting from 3 different angles. Officer Kang's body camera was not activated. The grand
jurors viewed each of the body cam videos from officer Colon, Gonzales and Hauber's body
cameras.
o. The committee finds that each officer's use of deadly force to prevent Tyrie Cuyler's escape was
legally justified.

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Respectfully Submitted, this 23rd day of May, 2016

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From: Greg McConnell

Sent: Monday, May 23, 2016 1:15 PM

To: Greg McConnell <gmmcconnell@chathamcounty.org>

Subject:

Chief Lumpkin responded as follows to the question, "would you like to respond to the Grand
Jury's General Presentment":

No, I would just thank the Grand Jury and the District Attorney's Office for ensuring we all adhere to the
State of Georgia's laws.
Sent from my Verizon Wireless 4G LTE smartphone

Chatham County Courthouse

133 Montgomery Street
Suite 600
Post Office Box 2309
Savannah, Georgia 31402

DISTRICT ATTORNEY
EASTERN JUDICIAL CIRCUIT OF GEORGIA
MEG HEAP

NOTICE OF CIVIL INSPECTION AND INVESTIGATION

BY GRAND JURY

In Re:

IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA
Investigation

of
Savannah Chatham Metropolitan
Police Department
Use of Deadly Force on October 27-28, 2015
Chatham County Grand Jury
Proceedings, March, 2016
Term
TO:

Hon. Joseph Lumpkin, Chief

Savannah Chatham Metropolitan Police Department
NOTICE OF CIVIL INSPECTION AND INVESTIGATION

Comes now, Sidney J. Bolch, IV, Fore person of the Chatham County Grand Jury for the March, 2016
Term of the Superior Court and shows:

1.
On March 7, 2016, this Grand Jury was empaneled as provided by law.

2.
Under the provisions of O.C.G.A.15-12-71, this Grand Jury is authorized to inspect and investigate the
Savannah Chatham Metropolitan Police Department, a public authority of Chatham County.

3.
On April 20, 2016, in accordance with O.C.G.A. 15-12-71 (b) (2), eight or more of the members of the

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Grand Jury voted that it was necessary to conduct an inspection and investigation of Savannah Chatham
Metropolitan Police Department concerning the fatal shooting ofTyrie Cuyler on or about October 27,

2015. In accordance thereof the Grand Jury has appointed all of its members to serve as a committee to
conduct said inspection and investigation.

4.

The scope of this inspection and investigation is to examine the use of lethal force used by an officer I

officers ofthe Savannah Chatham Metropolitan Police Department on or about October 27, 2015 during

which Tyrie Cuyler was killed. It is the intent of this Grand Jury to conduct a full and fair inspection and
investigation in this matter in accordance with all applicable laws.

5.
The Grand Jury has requested that the District Attorney meet with you on May 23, 2016 and from day to
day thereafter in the Grand Jury room in the Chatham County Courthouse to begin the inspection and

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investigation.

6.
You will be provided the opportunity to appear before the Grand Jury and to testify, under oath
concerning this matter. In addition, you will be afforded the opportunity to review the findings and

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conclusions ofthe Grand Jury prior to their submission as a General Presentment to the Superior Court
and to submit any response which you may wish to make to the Grand Jury's findings and
recommendations. Any response which you submit will be appended to the General Presentment which
the Grand Jury submits for publication in accordance with O.C.G.A. 15-12-71 (b) (3) and 15-12-80.
Respectfully Submitted, this 20th day of April, 2016

II

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CERTIFICATE OF SERVICE

This is to certify that I have this date served the below-named individual with a copy of the above
NOTICE OF CIVIL INSPECTION AND INVESTIGATION BY GRAND JURY by:
XX
depositing same in the United States Mail in a properly addressed envelope with sufficient
postage thereon to:
Joseph Lumpkin, Chief
Savannah Chatham Metropolitan Police Department
201 Habersham St.
Savannah, GA 31401
This 20th day of April, 2016.

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Legal Assistant IV
District Attorney's Office, E.J.C.
Office of District Attorney
Eastern Judicial Circuit
PO Box 2309
Savannah, GA 31402

912 652-7308

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