State v. Thompson
288 Ga. 165
Ga.2010Background
- Thompson, a police officer, was indicted for murder following a shooting during a pursuit of Lorenzo Matthews.
- Thompson sought suppression of statements made during internal police investigations (Major Felony unit and Internal Affairs) under Garrity and immunity under OCGA § 16-3-24.2; the trial court suppressed but denied immunity.
- Scene facts: Matthews emerged with an object; Thompson fired after a confrontation and pursued Matthews into a wooded area, resulting in eight gunshot wounds to Matthews.
- Thompson testified he believed he could lose his job if he did not cooperate with investigators and was aware of departmental rules opposing non-cooperation.
- The trial court applied the totality-of-the-circumstances test from State v. Aiken to determine voluntariness and upheld suppression while denying immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson's statements were voluntary under Garrity. | State argues statements were voluntary; no express threat, and Thompson sought to explain events. | Thompson contends fear of job loss made statements involuntary under totality of circumstances. | Voluntariness upheld; no abuse of discretion. |
| Whether the trial court properly applied the totality-of-circumstances test from Aiken. | State asserts correct application of factors and reasonable belief of potential discipline. | Thompson contends misapplication or improper weighting of factors. | Court correctly applied the test; deference to findings, de novo law application. |
| Whether Thompson is entitled to immunity under OCGA § 16-3-24.2. | State does not bear immunity; attempted to keep under prosecution. | Thompson argues immunity should be granted given no basis for prosecution under statute. | Immunity denied. |
Key Cases Cited
- Garrity v. New Jersey, 385 U.S. 493 (1967) (protection against compelled police confessions in related proceedings)
- State v. Aiken, 282 Ga. 132 (2007) (totality-of-the-circumstances test for voluntariness of public employee statements)
- State v. Bunn, 288 Ga. 20 (2010) (immunity under OCGA § 16-3-24.2; burden of proof by preponderance)
- State v. Bunn, 284 Ga. 410 (2008) (predecessor immunity analysis; evidentiary burden)