Pubdate: Sat, 20 Dec 2003 Source: Ledger-Enquirer (GA) Copyright: 2003 Ledger-Enquirer Contact: http://www.ledger-enquirer.com/mld/enquirer/ Details: http://www.mapinc.org/media/237 Author: Muriel Tan Bookmark: http://www.mapinc.org/people/Kenneth+Brown+Walker Bookmark: http://www.mapinc.org/racial.htm (Racial Issues) FBI INVESTIGATION THIRD TIER OF WALKER SHOOTING REVIEW An FBI official in Atlanta confirmed Friday that the agency has begun an investigation into the circumstances surrounding the death of Kenneth B. Walker, a 39-year-old unarmed Columbus man fatally shot Dec. 10 by a deputy sheriff. "It is ongoing. There is no timetable," said Special Agent Steve Lazarus. Citing bureau policy, Lazarus said he could not comment on the pending investigation. Muscogee County Sheriff Ralph Johnson announced earlier this week that he had requested the federal agency begin a preliminary inquiry into Walker's killing. "The FBI does, when appropriate, conduct a civil rights investigation when allegations of wrongdoing are brought to its attention," Lazarus said. According to a U.S. Justice Department manual, the agency has "investigative jurisdiction for any civil rights complaint against any federal, state or local law enforcement officials." Lazarus explained that the protocol for police shootings in Georgia allows for the Georgia Bureau of Investigation to have the "right of first review." The GBI began its probe into the fatal shooting following a request by Johnson, whose department has concluded its own investigation. Johnson has said the request for both state and federal inquiries was part of the "proper, procedural process for citizens to have confidence in" his office. Walker and three friends were riding in a gray GMC Yukon along Interstate 185 when they were stopped by members of the Metro Narcotics Task Force Agency and the sheriff's department, according to official accounts. Acting on an informant's tip that the Yukon would be carrying armed men from Miami, the agents and deputies ordered the men to exit the vehicle. In the ensuing moments, a deputy shot Walker. No guns or drugs were found in the SUV. It would be a mistake to assume, said Lazarus, that because federal officials get involved in an investigation "someone will go to jail for a long time." "The most important thing to understand is that at the federal level, the level of proof required is going to be high," he said. "And it must rise above the level of an error, or an instance of mistaken identity or a failure to follow departmental procedures." "In order for them to be prosecuted at the federal level, there has to be some sort of willful violation of a person's civil rights," the agent said. Lazarus said a violation has to have occurred "willfully, maliciously or intentionally." "Anything where you have to show intent is going to be a little bit more difficult," he added. "Rather than when I have a picture of you holding a gun at a teller's face for a bank video, I don't have to prove that you intended to rob that teller... . When you get into issues of why was a person arrested, why were they held so long, issues of civil rights -- well at that point, there's a lot more investigation to do. You have to find the intent of the officer, things like that. It's more difficult to prove than obvious crimes." Upon completion of its investigation, Lazarus said the FBI will present its findings to the U.S. Attorney for the Middle District of Georgia. "Our job is to investigate and present the facts," he said. "Whether it's prosecuted is entirely up to U.S. Attorney's office." - --- MAP posted-by: Beth Wehrman