District Attorney Bert Poston of the Conasauga Judicial District said an investigation found that officers were justified in their actions that led to the death of Brett Kelby Noblitt, 25, of 1712 Lawson Ave.
He was killed by officers of the Whitfield County Sheriff’s Office at the conclusion of a car chase on Nov. 16, 2015.
DA Poston said, "The investigation was conducted by the Georgia Bureau of Investigations and the undisputed facts establish that the officers’ actions were legally justified.
"Members of Mr. Noblitt’s family, who have been consulted multiple times throughout this process, were briefed earlier this week and provided with a complete copy of the investigation.
"A letter detailing the District Attorney’s finding was transmitted to Sheriff Scott Chitwood today. This officially concludes the District Attorney’s review of the investigation."
Full text of the letter follows:
Sheriff Scott Chitwood
Whitfield County Sheriff's Office
805 Professional Blvd .
Dalton, GA 30720
March 31, 2016
Re: Officer Involved Shooting, November 16, 2015
GBI Case Number 01-0139-34-16
Involving Deputy Brad Mathis and Sgt. Shawn O'Mahoney
Brett Kelby Noblitt, deceased
Dear Sheriff Chitwood,
I have completed my review of the GBI investigation into the officer involved shooting which occurred on November 16, 2015 and which resul ted in the death of Brett Kelby Noblitt. After reviewing the GBI report, multiple recorded interviews, photographs , crime lab reports and a video recording of the shooting captured by Deputy Mathis' patrol car video, and after meeting multiple times with Special Agent Herman Taylor, GBI and with members of Mr. Noblitt's family, it is my opinion that Deputy Mathis and Sgt. O'Mahoney were legally justified in using deadly force based upon a reasonable belief that Mr. Noblitt was attempting to or would strike or run over Sgt. O'Mahoney with his vehicle. No charges will be brought against either officer.
The undisputed facts on November 16, 2015 are that Deputy Mathis was driving on Crook Road near the Red Barn Flea Market at around noon when he passed Mr. Noblitt driving in the other direction in a white 1996 Jeep Grand Cherokee. Deputy Mathis was aware that a lookout had been given for a stolen vehicle matching that description approximately two weeks earlier on November 3, 2015. The vehicle was in fact reported stolen by a woman named Chelsea Johns who was living with Mr. Noblitt but the theft report was cleared by Detective Chris Guay two days later as both Ms. Johns and Mr. Noblitt were making payments on the car and were considered joint owners. The vehicle was never formally entered into the Georgia Crime Information System (GCIC) as a stolen vehicle.
Before Deputy Mathis could complete his tum, Mr. Nobl itt accelerated , ran a stop sign at the intersection of Crook Road and Old Grade Road and fled the area at a high rate of speed.
Deputy Mathis had not yet obtained or run the tag number on the vehicle or activated his blue lights. Deputy Mathis attempted to pursue the vehicle but lost sight of it on Old Grade Road.
Minutes later, Sgt. O'Mahoney made contact with the vehicle on Old Grade Road near the bypass. While turning around to pursue the vehicle, Sgt. O'Mahoney saw the vehicle come to an abrupt stop and saw a passenger exit the vehicle. Mr. Noblitt fled from Sgt. O'Mahoney at a high rate of speed and with reckless disregard for his own safety or the safety of others. He nearly struck Sgt. O'Mahoney's patrol car multiple times including at least one near head-on impact and nearly lost control of his own vehicle multiple times before reaching the intersection of Maddox Mill Road and Highway 52., at which point Mr. Noblitt crossed 52 without stopping, but fortunately not striking any cross traffic.
The chase proceeded onto Cherokee Drive but soon returned across Highway 52, again without stopping. By that point other deputies, including Deputy Mathis, had joined the pursuit and some of the deputies had blocked traffic on Highway 52 for public safety. The chase ended on Maddox Mill Road after additional impacts between the Jeep and multiple patrol cars during a series of high speed turns and other maneuvers. Deputies noticed during this time period that Mr. Noblitt seemed to be yelling at them but no one heard what he was yelling.
Finally, Mr. Noblitt's vehicle came to a stop along the side of and parallel to Maddox Mill Road near a barn. Deputy Mathis stopped behind and to the passenger side of the vehicle and exited his patrol car. Sgt. O'Mahoney pulled in front of Mr. Noblitt's vehicle at an angle in an attempt to block him in and likewise exited his patrol car.
As Sgt. O'Mahoney crossed in front of the Jeep in order to reach the driver's door and attempt an arrest, Mr. Noblitt revved the engine and drove forward, turning slightly to his left. It is not known whether Mr. Noblitt was deliberately attempting to strike Sgt. O'Mahoney or simply trying to maneuver around his patrol car in a further attempt to escape. Nevertheless, the movement of the vehicle put Sgt. O'Mahoney in danger of being struck by the car and Mr. Noblitt's prior actions on that day had demonstrated a complete disregard for the safety of others.
Sgt. O'Mahoney fired two shots towards Mr. Noblitt, the first while he was still in front of the vehicle and the second a moment later as he was able to get to the side and the vehicle began to pass him. The first shot struck the hood of the vehicle and deflected upward. The second passed through the open driver's window and struck the passenger side interior of the Jeep. Neither shot struck Mr. Noblitt.
Deputy Mathis was immediately behind the vehicle when it began to move towards Sgt. O'Mahoney. Believing that the vehicle was going to run over his fellow officer, Deputy Mathis fired three shots into the rear window of the vehicle. One of these shots struck Mr. Noblitt behind the right ear, killing him instantly. The Jeep continued forward a short distance before coming to a stop after striking a fence.
Several officers converged on the car, unsure of Noblitt's condition. Upon seeing that he had been shot, calls were made for emergency medical units and for first aid kits but it was shortly determined that Mr. Noblitt was already deceased.
Employees at a business near the intersection of Maddox Mill Road and Highway 52 witnessed the end of the chase and the shooting. Their accounts were consistent with that of the officers and as previously noted, the shooting was captured on video by equipment in Deputy Mathis' patrol car.
It was later determined that Mr. Noblitt did not have a valid driver's license and that there were two outstanding warrants for his arrest, one for failure to appear on a misdemeanor charge in Superior Court and one for violation of misdemeanor probation.
The passenger who exited Noblitt's vehicle near the start of the chase was later identified as Steven Anderson and was interviewed in connection with the investigation. Mr. Anderson's description of Mr. Noblitt' s behavior before the chase was consistent with later toxicological findings that Mr. Noblitt 's blood contained amphetamine, methan1phetamine and marijuana. Mr. Noblitt had also told Mr. Anderson that he was not going to stop for law enforcement.
Officers are authorized to use deadly force in the same manner as private citizens when they reasonably believe that such force is necessary to defend themselves or third persons against another person's imminent use of unlawful deadly force. (See O.C.G.A. §16-3-21). Both Sgt.
O'Mahoney and Deputy Mathis were ju stified under this legal principl e. Additionally, officers are authorized to use deadly force in order to make a felony arrest when they reasonably believe that the suspect poses an immediate threat of physical violence to the officers or others. (See
O.C.G.A. §17-4-20). Mr. Noblitt 's actions prior to the shooting would have constituted the felony offenses of fleeing to elude a police officer (O.C.G.A. §40-6-395 (b)(5)), obstruction of a law enforcement officer (O.C.G.A. §16-10-24(b)), and aggravated assault upon a police officer (O.C.G.A. §16-5-2 1(c)). Allowing the pursuit to continue could have clearly placed the officers and general public at additional risk. The officers were likewisejust ified in using deadly force under this separate legal theory.
Therefore, I will not be presenting any indictment for the Whitfield County Grand Jury to consider nor will I pursue any criminal charges against either Deputy Mathis or Sgt. O'Mahoney.
Bell Poston
District Attorney