Officer
Zigan (pictured with his fiancée) was
hit by two bullets fired by Herschel Bullard.
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Two officers
of the Newton, Georgia, Police Department were indicted
by the Grand Jury
of Baker County, Georgia,
in November 2005 and
charged with involuntary manslaughter. Captain David Zigan
and Patrolman James Freeman responded to a call that shots were being
fired in a trailer
park on October 3, 2005. Upon their arrival, they found a number
of rowdy and disorderly persons, including the trailer park owner, Herschel
Bullard,
who was firing shots into the air.
Officer Zigan told Bullard to drop the revolver but he responded, “You
are not going to get my (expletive deleted) gun,” turned his back,
and started to walk away. Captain Zigan said, “Sir, I need you to
put...” but before he could finish the sentence, Bullard wheeled
and fired, hitting Captain Zigan in his left side. As he fell, Officer
Zigan fired at Bullard, who fired back and hit the Captain in the face.
This second wound subsequently required reconstructive surgery and the
wiring of the police officer’s jaw for six weeks.
Captain Zigan’s partner, Officer Freeman, then fired two rounds from
his shotgun. One round struck Bullard in the stomach and killed him.
The Georgia Bureau of Investigation investigated the episode
and determined that the shooting was justified. The widow of Bullard, Markeita
Bullard, since elected as Mayor of Newton, claimed that Officer Zigan fired
first at Bullard while he was walking away from the officers. Her account
was contradicted by other witnesses, and no evidence was produced to support
her claim.
The case is in an unusual status. Attorneys for the officers
requested a bench trial, but the trial judge granted the prosecution a
jury trial. The officers appealed this decision to the Georgia Supreme
Court, and oral arguments were held in September 2006. A decision on whether
the trial will be by jury or judge is expected soon.
“
Involuntary manslaughter” is ascribed when a person “causes
the death of a human being, without any intention of doing so, through
the commission of an lawful act in an unlawful manner.” The penalty
upon conviction may be up to one year in prison. The prosecution alleges
that Officers Zigan and Freeman caused the death of Bullard by “exceeding
reasonable professional care.”
Officers Zigan and Freeman were trained by the South Georgia Judicial District
rules that provide for proper use of lethal force when considering three issues:
opportunity, ability, and jeopardy. Does the assailant have the opportunity to
use violence and deadly force? Does the assailant have the ability to use such
deadly force? Is the officer or another in jeopardy from the use of such deadly
force?
Use of force is authorized to defend from physical assault but is to be exercised
reasonably and with prudence. Use of a firearm is authorized but is to be avoided,
if possible; however, it is authorized in situations where there is serious risk
of death or serious physical injury. Deadly force must be legally warranted and
defensible.
Clearly, both policemen followed the use of force regulations to the letter.
LELDF is providing legal aid to both men in this highly charged and emotional
case.
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