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"The system has, once again, declared its own innocence," lamented one activist after a Georgia prosecutor's office said it would not charge the killers of Manuel Terán, better known as "Tortuguita."
Human rights advocates on Friday condemned a Georgia prosecutor's decision to not charge the state troopers who fatally shot forest defender Manuel Esteban Paez Terán—better known as "Tortuguita"—during a militarized January raid at a Stop Cop City protest camp outside Atlanta.
"The system has, once again, declared its own innocence," Stop Cop City activist Micah Herskind wrote on social media in response to the decision by the Stone Mountain Judicial Circuit District Attorney's office.
The Cop City Vote Coalition (CCVC) campaign said that "Tortuguita's memory and the memories of all those stolen by police killings demand that we all continue the collective struggle for a future without state violence."
Georgia State Patrol officers say they shot Terán after the 26-year-old Venezuelan activist opened fire on them, wounding an officer in the leg during the January 18 raid to evict protesters from the encampment protesting the $90 million, 85-acre Public Safety Training Center—widely known as "Cop City"—in the Weelaunee Forest just outside Atlanta city limits in DeKalb County.
According to a statement from Stone Mountain Judicial Circuit District Attorney Pro Tempore George Christian explaining the decision not to charge the troopers:
Terán... refused to comply with the lawful commands of the troopers to come out of a tent. The troopers used a 'less lethal' device known as a pepperball launcher in an effort to have Terán leave the tent. Terán responded by shooting four times his 9mm pistol through the tent, striking and seriously injuring a Georgia State Trooper. Six troopers returned fire resulting in the death of Teran.
"The use of lethal... force by Georgia State Patrol was objectively reasonable under the circumstances of this case," the prosecutor concluded.
A DeKalb County Medical Examiner's Office autopsy—which officials suppressed for months—revealed that Terán was shot 57 times and that there was no gunpowder residue on the victim's hands, which advocates say debunks claims that the activist fired first. There is no police bodycam video of the incident.
The Georgia Bureau of Investigation said that ballistics analysis proved a gun found at the scene of Terán's killing—a Smith & Wesson 9mm pistol GBI said the victim legally purchased in 2020—fired the bullet that wounded the trooper.
CCVC said that "from the start, the state's response to Tortuguita's murder has been to lie and cover up the facts."
"Today's announcement ruling the killing as 'reasonable' is just the latest in a long line of changing stories and withholding evidence," the campaign added.
Since Terán's killing, more than 40 Stop Cop City campaigners have been criminally charged as domestic terrorists, while over 60 activists have also been indicted under the state's Racketeer Influenced and Corrupt Organizations (RICO) Act—some for simply handing out fliers.
"These charges, like the previous repressive prosecutions by the state of Georgia, seek to intimidate protesters, legal observers, and bail funds alike, and send the chilling message that any dissent to Cop City will be punished with the full power and violence of the government," organizers with CCVC toldThe Appeal last month.
Friday's decision to not charge the troopers comes as CCVC attempts to get a referendum on the project on November's ballot. Although they've collected more than 115,000 signatures—more than double the number needed to qualify for the ballot—campaigners accuse Atlanta officials of voter suppression due to what they say is an onerous signature verification process created solely to thwart the initiative.
City officials are refusing to even start the signature verification process, arguing that the campaign may have missed an August 21 submission deadline. Although the deadline had been extended until September by a federal judge, an appeals court subsequently blocked enforcement of the extension, creating a state of legal limbo for the initiative.
Backers of an Atlanta ballot measure to cancel the land lease enabling the controversial training complex now have less than two months to gather more than 70,000 signatures.
Opponents of the proposed Public Safety Training Center—widely known as "Cop City"—near Atlanta cleared an important administrative hurdle Wednesday as the city clerk's office approved their petition for a referendum on whether to cancel the controversial project's land lease.
The petitioners will now have just 58 days to collect signatures from 15% of Atlanta's registered voters—or 70,000-75,000 people—in order for the referendum to qualify for this November's ballot.
Paul Glaze, an organizer with Cop City Vote Coalition, told WXIA that more than 3,000 volunteer canvassers have already signed up to gather signatures.
"The mayor says the people of Atlanta want Cop City, that this is a thing the people want, and if that's true, no one should be afraid of a vote," Glaze said, referring to Democratic Mayor Andre Dickens, a supporter of the project. "We are committed to this and we believe in this."
The petition's approval follows months of protests inside and around Atlanta City Hall. Cop City opponents are set to launch a week of action this weekend to drum up support for the ballot measure and amplify opposition to the $90 million project, which is funded largely by the city of Atlanta and the Atlanta Police Foundation (APF).
Despite opposition from environmental, racial justice, Indigenous, and other groups, the APF—a private organization whose backers include major corporations like Amazon, Home Depot, Wells Fargo, JPMorgan Chase, and UPS—was granted permission in 2021 to build Cop City in the Weelaunee Forest in DeKalb County just outside Atlanta city limits.
The complex would be built on land stolen from the Muscogee people, many of whom were forced westward during the genocidal Trail of Tears period.
Earlier this month, the Atlanta City Council approved funding for the project.
In January, militarized police shot and killed Manuel Esteban Paez Terán, a 26-year-old protester also known as "Tortuguita" who officers claim opened fire on them, during a raid to violently remove forest defenders from the project site. A DeKalb County Medical Examiner autopsy—which officials suppressed for months—revealed that Terán was shot 57 times and that there was no gunpowder residue on the victim's hands, debunking the government's claim Terán fired first.
Police subsequently charged nonviolent anti-Cop City activists with "domestic terrorism," a move described as "unprecedented" by human rights defenders.
Police also arrested Marlon Scott Kautz, Savannah Patterson, and Adele Maclean of the Atlanta Solidarity Fund (ASF)—a legal aid group and bail fund supporting the Cop City protesters—in a dramatic militarized raid on June 1.
Authorities accused the trio of money laundering and charity fraud, with Georgia Deputy Attorney General John Fowler claiming that despite what "appears to be laudable [and] lawful" nonprofit work, the defendants "harbor extremist anti-government and anti-establishment views and not all of the money goes to what they say that it goes to."
Atlanta City Councilmember Liliana Bakhtiari responded by calling the organizers—who deny the allegations against them—"some of the best of our Atlanta mutual aid network" and condemning their arrests as "nothing more than an intimidation tactic by the state."
"Evidence Terán was executed is overwhelming," said a human rights lawyer after DeKalb County's autopsy report found no gunpowder residue on the hands of the activist whom police shot 57 times in purported self-defense.
Progressives expressed disgust Wednesday after DeKalb County released an autopsy showing that cops shot Atlanta forest defender Manuel Esteban Paez Terán 57 times and that there was no gunpowder residue on the victim's hands—debunking the government's claim Terán fired first.
The autopsy, which officials suppressed for three months, finally saw the light of day thanks to a public records request. Its results have prompted accusations of an attempted cover-up by the Georgia Bureau of Investigation (GBI).
"The GBI—the entity 'investigating'—clearly tried to craft a cover-up of an apparent police murder and failed."
Terán, commonly known as "Tortuguita," was killed during a January 18 raid on an encampment in the Weelaunee Forest. They were part of a collective that occupied the suburban Atlanta forest in a bid to prevent the construction of a $90 million, 85-acre police and fire training facility popularly known as Cop City.
The GBI has alleged that Terán shot and injured a state trooper before multiple officers from a joint task force returned lethal fire. But the autopsy found no gunpowder residue on Terán's hands, in addition to revealing that cops riddled the 26-year-old activist's hands, torso, legs, and head with nearly five dozen bullets.
"Terán did not fire a gun which obliterates the police narrative," human rights lawyer Steven Donziger tweeted. "Evidence Terán was executed is overwhelming."
\u201cBREAKING: Georgia police shot "Cop City" protestor Manuel Ter\u00e1n 57 times in the first state killing of a climate activist in the US. Official autopsy also shows Ter\u00e1n did not fire a gun which obliterates the police narrative.\n\nEvidence Ter\u00e1n was executed is overwhelming.\u201d— Steven Donziger (@Steven Donziger) 1681958093
"Georgia police buried the official autopsy of Terán for months until it was forced into the open today by a public records request," Donziger added. "The GBI—the entity 'investigating'—clearly tried to craft a cover-up of an apparent police murder and failed."
\u201cIt's now confirmed by the DeKalb Examiner's office that there was no gunshot residue on the hands of Manuel Paez Ter\u00e1n. \n\nActivists have long maintained that the State's claim Tort fired first was a lie, and this autopsy supports activist claims. \nhttps://t.co/Ke78Nzi2zU\u201d— Atlanta Community Press Collective (@Atlanta Community Press Collective) 1681939815
"Now that the cover-up is unraveling, will the public demand accountability?" the Atlanta Solidarity Fund asked on social media. "Will [Georgia State Police] get away with murder?"
In a statement, Tortuguita's mother, Belkis Terán, said, "We are devastated to learn that our child, our sweet Manny, was mercilessly gunned down by police and suffered 57 bullet wounds all over their body."
While the official autopsy report provides additional information, Tortuguita's loved ones continue to demand answers from the GBI, whose probe of the incident is ongoing.
"We cannot even begin to determine what happened on the morning of January 18 until the GBI releases its investigation," said family attorney Brian Spears.
His partner, attorney Jeff Filipovits, concurred: "There is no conceivable reason to continue to delay the release of its investigation. Only then can our clients and the community fully assess what happened in the moments leading up to Manuel's death."
Family members continue to question the GBI's ability to fairly probe the events of January 18 given that the bureau was involved in planning and executing the forest clearance operation that led to Tortuguita's death.
"Manuel was camping on publicly owned land that was not even on the future site of Cop City. Law enforcement went in with weapons and shot pepper balls," said Tortuguita's father, Joel Paez. "They created a violent situation and were ready to kill anyone who resisted. Now they will not even meet with us to explain what happened."
Tortuguita's family continues to urge the GBI to publish the results of its inquiry now, including forensic test findings, all audio and video recordings of the shooting, and interviews with officers involved.
"We are devastated to learn that our child, our sweet Manny, was mercilessly gunned down by police and suffered 57 bullet wounds all over their body."
Following the release of Tortuguita's autopsy, Bernice King, daughter of slain civil rights organizer Martin Luther King, Jr. and a longtime Atlanta resident, posed a question about the future of Cop City: "How could this info regarding the police shooting of a protester of the Public Safety Training Center NOT raise more concerns about the center's placement and purpose?"
The Atlanta City Council gave the Atlanta Police Foundation, a private organization, permission to build Cop City in 2021, four years after the Atlanta City Planning Department recommended transforming the Weelaunee Forest—deemed one of four "city lungs"—into a massive urban park.
Several forest defenders were detained and charged with felonies—under a 2017 Georgia law that expanded the definition of "domestic terrorism" to include certain property crimes—during mid-December raids on their encampment.
More forest defenders were arrested on the same charges on January 18, the day police fatally shot Tortuguita—the first or possibly second time that police have killed an environmental activist in modern U.S. history, according to experts.
Additional people are facing prosecution as a result of Republican Georgia Gov. Brian Kemp's crackdown on demonstrations held since Tortuguita's killing.
Atlanta Mayor Andre Dickens and DeKalb County CEO Michael Thurmond announced what they called a "compromise" for Cop City in the wake of Tortuguita's killing, but opposition to the project remains strong among local residents.
"Cop City is something that no one in the community asked for, and survey after survey shows that the majority of Atlanta residents are opposed," Kamau Franklin from Community Movement Builders, one of the organizations fighting against Cop City, said in February. "The mayor continues to run roughshod over the desires of the community."
Days after cops killed Tortuguita, a coalition of more than 1,300 progressive advocacy groups published a letter demanding an independent investigation as well as the resignation of Dickens, a Democrat who they said parroted "the rhetoric of extreme right-wing Gov. Brian Kemp" when he condemned protesters rather than police officers following the shooting.
The groups pointed out that Dickens and the Atlanta City Council have the authority to terminate the land lease for Cop City and implored local policymakers to do so immediately.
The effort to halt the construction of Cop City suffered a major setback last week, however, when "the DeKalb County Zoning Board of Appeals unanimously rejected an appeal of the project's land development permit," Axios reported.
Ikiya Collective, a signatory of the coalition's letter, warned earlier this year that the training set to take place at Cop City "will impact organizing across the country" as police are taught how to repress popular uprisings.
"This is a national issue," said the collective. "Climate justice and police brutality are interconnected, which is why we are joining the Stop Cop City calls to action with the frontline communities in Atlanta."