GBI conducting interviews in Macon Kroger officer-involved shooting investigation

Published: January 7, 2013 

Macon police officer Clayton Sutton

GBI agents are conducting interviews as part of the investigation into the December fatal shooting of a man at a Macon Kroger by a Macon police officer.

There’s no estimate for when the “use of force” investigation will be complete, said Rodney Wall, special agent in charge of the GBI’s Perry field office.

Officer Clayton Sutton has been on administrative leave since shooting 49-year-old Sammie Davis Jr. three times in the chest Dec. 21 at the Pio Nono Avenue Kroger. Police have said Sutton, who said he was cut during the incident, had been responding to a call of service at the grocery store.

GBI agents met with Macon police Wednesday and obtained records of the police investigation, including witness statements, 911 recordings and physical evidence in the case. Macon Judicial Circuit District Attorney David Cooke requested on Jan. 1 an independent third-party review of the case.

Agents are comparing the police investigation to the protocol the GBI uses for investigating incidents involving agents shooting someone, Wall said.

“If we see something that needs following up, we’re doing that,” he said.

Wall said agents aren’t seeking to make any determinations in the case.

“We’re not here to form opinions. We’re here to find the facts,” he said. “We’re going to be objective.”

At the conclusion of the investigation, agents will report their findings to the district attorney’s office.

Although agents have not interviewed Sutton, they plan to speak with him as part of the probe, Wall said.

When reporters knocked on his door Monday night, Sutton said he couldn’t talk.

“The police department won’t let me,” he said.

The Telegraph obtained a copy of Sutton’s police disciplinary history through an Open Records Act request.

Since his hiring in 2006, 26 complaints have been lodged against Sutton. He’s been suspended once, and received verbal counseling on six occasions and written reprimands seven times.

Twelve complaints did not result in police taking disciplinary action.

Sutton was disciplined four times stemming from his involvement in traffic accidents and six times for his failure to appear in Magistrate Court.

He received a written reprimand in 2010 stemming from a complaint of him using excessive force, pulling a woman from a vehicle and throwing her to the ground while arresting her. The woman also alleged the incident report concerning her money was incorrect and that he was rude and used profanity.

Sutton’s most severe punishment, a one-day suspension in 2011, stemmed from an allegation that he “harassed her about an alleged bad check” and tried to “intimidate and coerce her into paying cash immediately to avoid going to jail.”

Police spokeswoman Jami Gaudet said police wouldn’t comment about Sutton’s disciplinary record or the shooting investigation due to a request from the district attorney’s office.

She said the department will “be happy to comment on it” after the investigation is complete.

Sutton was one of seven Macon officers presented with an award of merit in December.

Writer Joe Kovac Jr. contributed to this report. Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.

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