Lawyer: Atlanta detective lied, sent innocent man to jail

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13-12-2024

The Brief
A Fulton County judge is evaluating whether an Atlanta police officer should face charges for the wrongful arrest of Ladavious McNair in a 2023 road rage shooting case.
Detective Mustafa is accused of knowingly pursuing McNair as a suspect despite evidence and victim statements indicating another person was responsible.
McNair spent 30 days in jail, which disrupted his life and career, including his Ph.D. studies and job.
Concerns have been raised about public safety, as the actual shooter remains at large due to the wrongful arrest.
McNair's defense attorney, Marsha Mignott, seeks an arrest warrant and charges against Detective Mustafa for allegedly lying in the affidavit and disregarding evidence.
ATLANTA - A Fulton County judge is hearing evidence to determine whether an Atlanta police officer should face charges in connection with the wrongful arrest of a man in a 2023 road rage shooting. The warrant hearing centers on allegations that the officer knowingly pursued the wrong suspect despite evidence pointing to someone else.
The case involves Ladavious McNair, who was cleared last month of charges related to the shooting. McNair had maintained his innocence from the start. His defense attorney, Marsha Mignott, claims the arresting officer, identified as Detective Mustafa, knowingly disregarded evidence that pointed to another suspect.
"Detective Mustafa lied in his swearing of the affidavit, and that lie is under Georgia law perjury, and it's also false swearing," Mignott said during the hearing.
McNair spent 30 days in Fulton County Jail after his arrest, which disrupted his life and career. "It hasn't been easy for Mr. McNair," Mignott said. "He was temporarily derailed from his Ph.D. studies and his job. It's like Humpty Dumpty. We are trying to put him back together again. He has gotten extensions with professors to meet deadlines to complete his education."
Mignott alleges that the victim in the case told both Detective Mustafa and the district attorney's office that McNair was not the shooter. Despite this, charges were pursued, and McNair was jailed. Mignott said she has received no response from the district attorney's office or senior officials at the Atlanta Police Department since McNair's release.
"We don't want law enforcement officers in this community to be liars when seeking warrants for arrest," Mignott said.
The wrongful arrest has raised concerns about public safety, as the actual perpetrator of the road rage shooting remains at large. "You are not pursuing the right person because you wrongfully pursued the wrong person," Mignott said. "That does not make our community safe. We hope the Atlanta Police Department does not stop and that they go back and complete the right investigation."
In court, Mignott plans to present a transcript of the shooting victim's statements, in which he asserts McNair's innocence, and call the case's only eyewitness to testify. She expects Detective Mustafa to invoke his Fifth Amendment rights during the proceedings.
Mignott is seeking an arrest warrant and charges against the officer, arguing that he should be held accountable for his actions. "We want the officer responsible to pay the consequences," she said.
No word on when a ruling would be handed down.
The Source
The details in this article come from reporting by FOX 5's Eric Perry and previous FOX 5 Atlanta reports.
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