DeKalb District Attorney: Police officer will not be charged in death of man shot at VA Medical Center

DEKALB COUNTY, GA–After reviewing evidence in the case, DeKalb County District Attorney Sherry Boston announced the police officer who shot John Robert Smith, Jr., 58, at the Atlanta VA Medical Center will not be charged in the Jan. 29, 2024 incident.

Earlier this week, DA Boston and members of her staff met with Smith’s family and walked them through the case, which included showing them video of the shooting from the officer’s body-worn camera.

“Although Mr. Smith’s death was a tragedy, the evidence shows that under the law, the officer who shot Mr. Smith was justified in his use of force and he will not be charged.  Our office has now closed this case.

“Mr. Smith’s death is a painful reminder of the struggles our veterans face, even long after their service officially ends.  We grieve with his family and offer them our deepest condolences,” said DA Boston.

According to the investigation, Smith went to the VA Hospital that evening and told staff he was having thoughts of hurting himself or someone else.  A VA social worker and medical staff were in the process of admitting Smith to the hospital when he retrieved a knife from his belongings.  Multiple officers with the VA Police Department responded to assist.  Body camera video showed they tried repeatedly to talk Mr. Smith down and asked him to drop the knife.  At one point, he followed a hospital employee into an enclosed room and advanced toward him with the weapon.  Fearing for the employee’s life, one officer opened fire, striking Smith.  Officers and medical professionals immediately rendered aid, but Smith did not survive.