Cook v. Micro Craft, Inc. , 262 Ga. App. 434 ( 2003 )

Blackburn, Presiding Judge,

concurring specially.

While I concur fully in the opinion of the majority, I write separately to express both my dismay at the total failure of the police to take action and the apparent lack of training as to their responsibilities in such cases.

The underlying facts of this case are appalling. In April 1997, Anna Marie Cook Jackson’s husband, Willie Charles Jackson, was arrested and sent to jail for sexually assaulting and physically harming his wife. When Willie was released from jail, Anna was so afraid of him that she had a restraining order issued against him and she moved in with her aunt for additional protection. In violation of the restraining order, Willie began sending Anna threatening letters, stating: “You can run but you cannot hide.” On the day of the murder, also in violation of the restraining order, Willie called Anna sometime before 1:00 p.m. and told her that he was “coming to kill her.”

After Willie’s ominous phone call, Anna called the Brooks County police, and a deputy was dispatched to the home where Anna was staying. Anna explained the situation to the deputy, but, despite the fact that Willie had violated the restraining order and threatened murder, the deputy told Anna that, since no physical contact had already occurred, there was nothing that he could do. Instead of taking any action regarding Willie’s clear violations of the restraining order or advising Anna that she could initiate action, the deputy simply told Anna that she should report the matter to a social services worker. Willie brutally stabbed Anna to death later that day.

This complete lack of protective action in the face of a murder threat by a known aggressor in violation of a restraining order is simply abominable. The deputy’s statement to Anna that there was nothing that the police could do to help her is patently untrue. At the very least, the officer could have taken Anna back to the police station until her husband had been located. Moreover, the officer should have immediately taken action on Willie’s violations of his restraining order, setting in motion his arrest for this crime. Had these acts been taken, the needless murder which occurred might have been prevented. The State’s inaction indicates a complete abdication of responsibility by the officer or inadequate training of such officer.

In this case, Anna Jackson had clearly taken steps to invoke the protection of the State and its police force by seeking a restraining order against Willie. Yet, despite Anna’s invocation of such protection, the police failed to hear her cry for help and told her that there was nothing that could be done for her. This should not have happened, and the police should ensure that officers receive proper training and education in these matters. Justice is blind. It should not be deaf to the pleas of victims as well because of poor police performance.

Decided June 19, 2003 Reconsideration denied July 17, 2003 Warshauer, Woodruff & Thomas, Michael J. Warshauer, Bradford W. Thomas, Jay, Sherrell, Smith & Braddy, Robert E. Sherrell, for appellants. Elliott & Blackburn, James L. Elliott, Young, Thagard, Hoffman, Smith & Lawrence, Daniel C. Hoffman, for appellee.

I am authorized to state that Judge Phipps joins in this special concurrence.