Martin says evidence still being gathered

The case of a Warren County deputy’s shooting death of a Vicksburg man will not be presented to the Warren County grand jury that meets next week, District Attorney Gil Martin said.

“The case is still pending, and it will go to the grand jury in May,” Martin said Wednesday. “This is only a postponement.”

He said information is still being collected in the Oct. 26 shooting death of Jimmie Taylor II, who was 22, by Deputy Lionel Johnson. Johnson remains on administrative leave with pay from the sheriff’s department.

The second of the four annual Warren County grand juries is scheduled to meet May 5.

The Mississippi Highway Safety Patrol has been investigating the case. Martin said he received the Highway Patrol’s report the first week of this month, which he had said was the earliest he expected to receive it.

“We’ve talked to (Taylor family attorney) Marshall Sanders and found that there are additional witnesses that the Highway Patrol has not interviewed,” Martin said. He added that results from the state’s crime-laboratory processing of DNA evidence from the case have not been received.

“I’m disappointed that it’s not going to be presented,” said Johnson’s attorney, David Sessums of Vicksburg. “We are very skeptical of any witnesses coming forward at the last minute.”

Sessums added that, while his client is ready for the case to be resolved, he respected Martin’s decision to postpone the presentation so that when it does happen it can be as complete as possible.

“The more scientific tests performed the better,” Sessums said, adding that he believed such evidence would only support Johnson’s position. Sessums has said the shooting by Johnson was a clear case of self-defense.

Sanders has not returned calls.

Johnson has not been arrested, and no criminal charges are pending against him. The case is being presented to the grand jury as an investigation, Martin said.

For a grand jury to issue an indictment in a case, at least 12 of 18 grand jurors must vote that there is enough evidence for it to go to trial. Grand juries can also indict for lesser or greater crimes or decline to indict.

Taylor died less than 24 hours after being shot once just above the left thigh.

Initial reports indicate Johnson and another deputy responded to a 911 call around 10:30 p.m. at the Taylor family’s home at 4808 Halls Ferry Road. That report indicated cars were parked in the two-lane road.

Johnson has said the situation got out of control and that he was assaulted by Taylor and others at the birthday party for Taylor’s younger brother, but family members and other witnesses have said Taylor was handcuffed and on the ground when he was shot.

Sessums has said forensic testing indicates no evidence that Taylor was in handcuffs and has “vindicated” the deputy.

Other forensic tests indicate Johnson’s Glock 9mm pistol was one to three inches from Taylor when he was shot.

Johnson, 27, is a six-year veteran of law enforcement. He has not spoken about the case, but logs show he pressed his “officer in trouble” button on his hand-held radio. That would indicate a situation out of control.

Reports have varied widely, but indicate the two officers who initially responded were separated when the situation escalated.

Copiah DA IDs cop who shot suspect

By Victor Sumerall

The identity of a Copiah County Sheriff’s deputy who shot and killed an Edwards man more than two weeks ago has been revealed.

Alexander Martin, the district attorney in Claiborne County and elected for the 22nd Circuit Court District, said David McMillian is the deputy involved in the fatal shooting.

“It is undisputed that the shooting did occur; the deputy was on duty at the time,” Martin said. “The deputy was David McMillian.”

McMillian, who lives in Crystal Springs, said he could not comment on the case.

The Copiah County Sheriff’s Department would not give any information on McMillian’s work history or current status.

“The investigation is being handled as any other death investigation,” Martin said. “Everything is going according to standard operating procedures.”

Robert Lee, 57, was shot Jan. 4 after a Copiah County Sheriff’s deputy responded to a 911 call.

A witness to Lee’s initial conversation with the deputy said the law officers were called because “Lee had set a fire too close to the side of the road. A sheriff’s deputy came out; I don’t know if he meant to arrest Lee or not, but Lee ran into the woods,” Ernest O’Quinn has said.

O’Quinn said a sheriff’s deputy ran into the woods after Lee.

Minutes after the deputy ran in the woods, O’Quinn said he heard gunshots.

“It was several shots, about four or five all together,” he has said.

Copiah County Sheriff Frank Ainsworth and the Mississippi Bureau of Investigations, the investigating agency, have kept a tight lid on the investigation.

“It is our policy not to release information of a case that is under investigation,” said Warren Strain, Mississippi Highway Patrol publics affairs officer.

Col. Jim Box, MBI director, said information gathered during the investigation would be turned over to Alexander.

“Once the investigation is complete, I will take it to the Copiah grand jury,” Martin said.

It was unclear if the case would be ready for the grand jury session that begins Tuesday.

Copiah County Coroner Phil Howard has said Lee received one lethal wound and confirmed he received another non-lethal wound. Howard would not say where the wounds were on Lee’s body, but added an autopsy was performed. The results were not made public.

Box confirmed that Lee died about noon, apparently at the scene.