Former Macon Mayor Jack Ellis, City Councilman Henry Gibson and Cheryl Davis are requesting a probe by the U.S. Justice Department’s Civil Rights Division to determine whether Sammie Davis Jr.’s rights were violated during his encounter with Macon police officer Clayton Sutton.

Ellis, Gibson and members of the Davis family held a news conference Friday morning.

Davis said she disagreed with the district attorney ruling the fatal shooting as justified.

Leo Glover Muhammad, Davis’ brother-in-law, said he was at Davis’ house when the district attorney visited to share news of his decision.

“We disagreed with what he said from the start,” Muhammad said.

Davis admitted she hasn’t read the GBI report, but said there are witnesses who saw more than the woman whose car was damaged when Sutton fell on it after he shot her brother.

Ellis, who said he has read the report, alleges the GBI’s investigation of the Dec. 21, 2012, incident at the Pio Nono Avenue Kroger contains inconsistencies.

He said it’s troubling that one witness told police she saw Sutton talking with Sammie “Junebug” Davis, with no fighting or struggle, and after looking away heard gunshots.

Ellis and Gibson also questioned why Sutton felt the need to shoot Davis after he’d pushed himself away from Davis.

“The immediate danger disappeared,” said Gibson, a retired police officer. “He had mace. As a police officer, if you’re outmanned it still doesn’t justify you using lethal force with a gun. You have to fight for your life. You can’t just take a life.”

Gibson said he’s had questions about the investigation since the beginning when police released false information.

A grand jury should have been given the opportunity to consider at least an involuntary manslaughter charge before the case was ruled justified, he said.

Gibson also questioned why Sutton didn’t turn on his patrol car camera sooner or call for back up when he saw Davis’ size.

Later in the day, about 40 people -- including Macon City Councilmen Lonnie Miley and Henry Ficklin -- gathered in Tattnall Square Park to march to city hall to protest the shooting, chanting Civil Rights-era songs along the way.

To contact writer Amy Leigh Womack, call 744-4398.