Family of Black Man Murdered by a GA Trooper Settles Suit for $6M. Cop Said Andrew Smyrna Drove Towards Him but Video Shows Cop on the Passenger Side. Caucasional "Black" DA Failed to File Charges

ALL TO RECOVER A RECOVER A HERTZ RENTAL CAR THAT WAS NOT STOLEN. The family of a Black man shot and killed by a Georgia State Patrol trooper nearly six years ago has settled an excessive force lawsuit for $6.6 million. The agreement includes a $5.5 million payment by the state of Georgia, the largest settlement reached with the state government in at least 15 years, records show.

Andrew “A.J.” Smyrna, a 32-year-old father of two, was killed Jan. 23, 2020, when a trooper opened fire on the convertible he was driving in Atlanta’s Edgewood neighborhood.

After waiting an entire year for justice, in February 2021 Smyrna's parents found out that the officer, Georgia State Trooper Brandon Byrd would not be charged with any crime.

“After reviewing all of the evidence and also engaging some use-of-force experts, I made the decision there would be no criminal charges brought against Trooper Byrd in the shooting death of Andrew Smyrna,” DeKalb County DA Shirley Boston said (SEE VIDEO). Boston is Black. [MORE] The SNAG’s bio states, she is “among the elite in the world of prosecution as one of the rare 1% of African American females currently serving as district attorney nationwide.” Perhaps by “black” she is only referring to her chromosomes.

Attorneys for the Ellenwood man’s family said former state trooper Brandon Byrd (below) fired nine times, striking Smyrna and another man who were seated inside the rented Chevrolet Camaro.

The incident unfolded on January 23, 2020 when police were in pursuit of Smyrna after believing the vehicle he was driving was stolen. However, it was a properly rented car from Hertz Rental. Smyrna attempted to flee officers when they tried to pull him over before Byrd blocked him in. While Smyrna attempted to flee, Byrd opened fire, dumping at least 9 rounds into the unarmed father, killing him on the spot.

Investigators said Smyrna drove toward Byrd, prompting the trooper to open fire.

However, Byrd was not in his way, and when you watch the video below, it is entirely clear that Byrd was in no danger of being run over at all. He was on the passenger's side of the vehicle, his patrol car was protecting him, and Smyrna was driving away.

Smyrna’s family accurately said the patrolman was never in danger of being struck by the car.

According to the complaint,

‘Defendants Burrell, Rivera, Horton, and Byrd had no information to indicate that the driver or anyone else inside the Camaro had committed or was involved in the commission of any crime.

Defendants Burrell, Rivera, Horton, and Byrd formulated a plan to unlawfully apprehend and arrest the driver and take possession of the Camaro.

Defendants Burrell, Rivera, Horton, and Byrd each understood and agreed that Defendant Byrd and Officer Horton would unlawfully apprehend and arrest Mr. Smyrna once he stopped in DeKalb County.

Defendants Burrell, Rivera, Horton, and/or Byrd followed Mr. Smyrna as he drove the Camaro into DeKalb County and communicated Mr. Smyrna’s movements to the others.

Mr. Smyrna lawfully stopped and parallel parked the Camaro on the side of Leslie Street facing East and exited the vehicle, which Defendants Burrell, Rivera, Horton, and/or Byrd observed and communicated to the others.

Mr. Smyrna re-entered the Camaro and began to leave by making a lawful three-point turn to travel West on Leslie Street, which Defendants Burrell, Rivera, Horton, and/or Byrd observed and communicated to the others.

As Mr. Smyrna was turning to leave, Officer Horton stood on the sidewalk and pointed Trooper Byrd to Mr. Smyrna’s exact location, at which point the Camaro was cross-wise in the middle of Leslie Street facing North as Mr. Smyrna was completing a three-point turn to travel West on Leslie Street.

Trooper Byrd drove his patrol vehicle down the middle of Leslie Street traveling West, accelerated directly toward the Camaro while it was turning to enter Leslie Street and cross-wise in the middle of the street facing North, and then suddenly stopped his patrol vehicle in front of the Camaro and partially blocked its immediate path of travel, thereby causing the front right bumper of the Camaro to strike the front left panel of Trooper Byrd’s patrol vehicle as Mr. Smyrna entered Leslie Street (the “initial seizure”).

Immediately upon impact, Trooper Byrd jumped out of his patrol vehicle which still did not have any emergency equipment activated, and aimed his weapon at Mr. Smyrna; Officer Horton likewise raised his weapon and began running toward the Camaro on foot with his gun trained on Mr. Smyrna which Mr. Smyrna observed.

All windows to the Camaro were up.

Mr. Smyrna backed the Camaro up and carefully turned the vehicle away from Trooper Byrd’s patrol vehicle as he successfully entered Leslie Street and proceeded West.

Within seconds after the initial seizure, Trooper Byrd began shooting and fired a total of nine (9) shots in rapid succession to stop Mr. Smyrna as the Camaro was entering Leslie Street and driving away.

Because Trooper Byrd had not put his patrol vehicle in park, it began rolling away from him when he exited and ultimately struck a parked vehicle on the right side of the road.

At no point was Trooper Byrd or any other person standing in front of the Camaro or otherwise at risk of receiving serious injury as Mr. Smyrna was turning and driving away.

Trooper Byrd fired the first two (2) shots while standing on the front right passenger’s side of the Camaro, seconds after exiting his patrol vehicle which entered the front right passenger’s side windshield; Trooper Byrd fired an additional seven (7) shots into the Camaro from the back passenger’s side and from behind the vehicle, which shots entered the Camaro through the right passenger’s side window, the right side of the canvas convertible top, and the back windshield.

Defendant Rivera began chasing Mr. Smyrna in his unmarked black sedan westbound on Leslie Street.

Defendants Byrd and Horton re-entered their respective patrol vehicles and joined Defendant Rivera’s pursuit of the Camaro down Leslie Street, a curvy and narrow residential street.

Defendants Byrd, Horton, and Rivera violated applicable traffic laws and ordinances and pursued Mr. Smyrna at dangerously high speeds down Leslie Street which well-exceeded the applicable speed limit and which placed him in reasonable apprehension of receiving a violent injury and caused him to crash into trash cans, a parked vehicle, and a brick mailbox before ultimately coming to a stop, at which point Defendants Byrd and/or Horton successfully carried out their plan and physically apprehended and arrested Mr. Smyrna.

Trooper Byrd and Officer Horton allowed Defendant Rivera to freely enter and remain on the scene of an officer-involved shooting entirely unsupervised.

At all times material herein, Defendant Rivera was wearing a vest displaying the word “POLICE” printed in bold yellow letters to misrepresent that he was a law enforcement officer when he was not:

ACCOMPLICE TO MURDER. ACCORDING TO THE COMPLAINT, Defendant Rivera WORE A VEST STATING THAT HE WAS POLICE, BUT HE IS NOT POLICE.

Mr. Smyrna bled out and died from his fatal gunshot injury.

At the time of Mr. Smyrna’s arrest and shooting death, there existed no actual or arguable probable cause to arrest Mr. Smyrna for any crime.

At the time of Mr. Smyrna’s arrest and shooting death, no Defendant had immediate knowledge of or had observed Mr. Smyrna committing a crime.

At the time of Mr. Smyrna’s arrest and shooting death, no Defendant had sought or obtained an arrest warrant authorizing Mr. Smyrna’s arrest.

At the time of Mr. Smyrna’s arrest and shooting death, the Camaro was not reported stolen in any official law enforcement database, and Defendants Burrell, Rivera, Horton, and Byrd each had knowledge of said fact.’