Mother of homicide victim seeks damages from city of Albany

ALBANY — The family of a 2017 homicide victim has filed a complaint against the city of Albany, the Albany City Commission, the Albany Police Department, Albany Police Chief Michael Persley, police officers Johnnie Foreman and Rico Potts, the Sand Trap Club, Sand Trap owner Gilbert Udoto and Justice Real Estate seeking damages.

Camilla resident Jill Jones, the mother of homicide victim Travion Jones, filed the complaint March 13 through Atlanta attorney Julius B. Collins in Dougherty Superior Court. It asks for damages from officials who were “wrongful, outrageous, wanton, and demonstrated a conscious indifference and a total disregard for the life and safety of citizens such as Travion Jones.”

Jones’ mother is seeking $5,000 to compensate for funeral expenses, compensation for mental and physical pain and suffering, and wrongful death experienced by her son, a judgment for the full value of his life, any and all intangible damages, that all costs be taxed against the defendants, that there be a jury trial on each issue and further relief the court deems proper.

The complaint said notice of this claim was submitted to the city on Feb. 14, 2018, as well as to the City Commission.

City Attorney Nathan Davis said the city had not been formally served the complaint by Friday and that he would know how to move forward once that occurred. He did say a demand notice was received.

Davis said that everyone is sad about the death of Travion Jones. He further said he believes the city to be standing on solid ground, but that the complaint would be reviewed closely once it is received.

“Our investigation showed no liability,” Davis said. “Nothing has changed. We feel very comfortable.”

Travion Jones, 25, was fatally wounded in a shooting in the early morning hours of Oct. 22, 2017 at the Sand Trap lounge. The complaint states he was there with a group of friends and relatives, while Foreman and Potts — both APD officers — were working outside security for the venue, which they were able to do by having “outside employment” requests approved by Persley, APD and the city in February 2017.

“Pursuant to the defendant APD’s SOP A-260 (Extra Duty/Outside Employment), defendant Foreman and defendant Potts were required to be in their issued standard police uniform, which included a full gun belt, name plate and all equipment required of a standard uniform, as well as a patrol vehicle,” the complaint said.

Foreman and Potts were working security for the Sand Trap, which would be classified as “Extra-Duty Employment.” That is defined in the complaint as “Secondary employment wherein the actual or potential use of law enforcement powers is anticipated and the employee is functioning in the capacity of a law enforcement officer, although not on-duty and not being paid from the agency payroll.

“In such an instance, the officer is considered to be working as an employee of the secondary employer, or as an independent contractor, although his/her law enforcement authority arises out of his/her position within the Albany Police Department.”

The coordination of that employment comes from APD recognizing citizens and businesses have legitimate needs for extra police services that cannot be justified as a city expense.

“Where possible, the department will assist those citizens in locating officers who desire to work the jobs by posting notices or notifying officers who have expressed a desire for part-time employment,” the complaint states from APD’s SOP A-260 said. “The department will not, however, become involved in any scheduling, payroll, record keeping or other function of the employer.”

In a situation in which an arrest must be made at an extra-duty employment site, an on-duty officer is called to the scene to transport the prisoner while the off-duty officer does a supplemental report, prepares the booking sheet for the transporting officer and does all the original paperwork and arrest report.

The complaint said Foreman and Potts were extra-duty outside security and still acting in their official capacities at the time of the shooting, and that those capacities activated when they observed Jones being assaulted. A fight started between one of Jones’ cousins and a group of men, and Jones was beaten when he tried to intervene.

The crowd was forced into the parking lot by inside security. The complaint states Jones and his cousin stood next to Potts and Foreman.

“Travion Jones and his cousin did this under the assumption that the two police officers would protect them, control the conduct of the mob of men, and/or arrest the mob,” the complaint said.

The complaint said the fight continued, and Foreman grabbed the assailant and released him after pulling him away from Jones. It goes on to say Foreman armed himself with his taser but refused to carry out an arrest — stating later in the confrontation that he was only there to provide security and not arrest anyone.

“As a sworn peace officers of the state of Georgia, defendants Foreman and Potts were not only authorized to arrest the mob of men pursuant to statute but had a duty to arrest the mob of men for the criminal acts committed in their presence pursuant to the Georgia Constitution,” the complaint said. “Upon information and belief, Travion Jones during the commotion was told by one of the assailants that he would not be leaving the parking lot alive that night.

“Said comments were made in the presence of defendant Foreman and defendant Potts. Defendant Foreman and defendant Potts then again refused to arrest the mob of men or control the mob of men for the repeated attacks and threats and carry out their duty to protect Travion Jones.”

The complaint further states Jones stood by Foreman and Potts to deter the attackers, and that Foreman refused to escort him back to his vehicle. It also said Potts failed to control the conduct of the group and did not make them leave as he has claimed.

“Travion Jones, while attempting to get to his vehicle, was then shot dead in the parking lot owned or leased and connected to the defendant Sand Trap by the mob of men; the same mob of men that defendant APD, defendant Foreman and defendant Potts failed to protect him from and/or control the conduct of,” the complaint said. “Immediately after hearing shots being fired in the parking lot of the defendant Sand Trap, defendant Foreman went to the area from which the shots originated from and saw Travion Jones lying dead on the pavement.

“Defendant Foreman then radioed the matter in to dispatch and requested emergency responders. After the incident, defendant Foreman then completed a report regarding the matter and intentionally omitted the facts leading up to the shooting death of Travion Jones.”

Maurice Davis was identified as the shooter that day. The complaint states that, last month, Tremain McKnight, Stacy Frazier, DaQuan Moore, Ricardo Rhymes, Darius Wheeler, James Byrd, Derrick Lamar Jenkins and Samuel Jenkins — identified to be the members of the group attacking Jones — were all also charged with murder.

Weeks after the incident, each member of the group was charged with affray.

“(This was) a task in which defendant Foreman and Potts refused to do knowing of the assault, multiple threats, imminent danger, and the potential death that Travion Jones was faced with during the early morning hours of Oct. 22, 2017,” the complaint said.

The complaint cites crime reports at the location before the incident, which it says were known by the APD and the city — and that those entities failed to take action.

The complaint filed by Collins lists counts of negligence, gross negligence, nuisance, proprietary function, premises liability, failure to provide adequate security, damages and punitive damages.

File Photo: Carlton Fletcher
File Photo