By Associated Press - Thursday, December 10, 2020

SANDERSVILLE, Ga. (AP) - A judge has reversed his previous ruling, now saying three former Georgia sheriff’s deputies should not be immune from prosecution in the 2017 death of a Black man who the deputies repeatedly shot with a stun gun.

Senior Judge H. Gibbs Flanders saw his earlier decision overturned in November by a unanimous state Supreme Court, which found he misapplied the law. The high court send the decision back to Flanders, who on Tuesday ruled the deputies could be prosecuted.

Eurie Martin, 58, died after being stunned repeatedly by then-deputies Henry Lee Copeland, Michael Howell and Rhett Scott, all of whom are white. Unless they appeal, the defendants are expected to stand trial sometime next year.

A grand jury indicted the men on charges of felony murder, involuntary manslaughter, false imprisonment, aggravated assault, simple assault and reckless conduct.

Flanders had initially found the the deputies’ use of force against Martin was justified under Georgia’s stand your ground law, which allows for people to defend themselves with violence if they have a reasonable belief that they are in bodily danger.

“We’re looking forward to having a trial date being set so that a jury can make a determination as to the responsibility of the persons involved,” Washington County District Attorney Hayward Altman told The Atlanta Journal-Constitution. “That’s what I’ve wanted from Day One.”

Pierce Blitch, a lead attorney for the ex-deputies, did not respond to requests for comment.

Martin, who suffered from schizophrenia, had been the subject of a 911 call from a homeowner when he asked for water near the town of Deepstep while on a 30-mile (50-kilometer) walk to see relatives on a sweltering July day. Howell and Copeland ordered Martin to stop walking on the roadway, place his hands on his head, and lie down. When he didn’t, officers began to stun him.

Flanders said the deputies had no reason to stop Martin, saying they had no reasonable suspicion that he had committed a crime. Prosecutors have said deputies were not in danger and can’t claim their use of force was justified.

Martin suffered respiratory arrest and died of an apparent heart attack, authorities have said. Paramedics were unable to revive him.

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