Ayers Civil Trial Continues Today in Gainesville

Testimony continues today in the civil trial of Lavonia pastor the Rev. Jonathan Ayers. 

Ayers was shot in September 2009 by undercover drug agents with the Mountain Judicial Circuit at a gas station in Toccoa.  He died later after surgery at Stephens County Hospital. 

His widow, Abigail Ayers, claims in her lawsuit that the officer who shot her husband, Billy Shane Harrison, used false arrest, assault and battery, and excessive force in connection with the death of her husband.  She is seeking at least $5 million in damages. 

On Tuesday, Chance Oxner, one of the NCIS agents involved in the events that led to the shooting, took the stand in U.S. District Court in Gainesville. 

Oxner testified that the agents’ attention was drawn to the Rev. Ayers after he said they  saw him talk with Kayla Barrett a woman the NCIS was investigating after Oxner said he bought drugs from her in July 2009. 

Oxner said Barrett was a known drug dealer and prostitute in Toccoa at that time. 

Oxner told the court that when agents attempted to stop the Rev. Ayers’ vehicle in the gas station on September 1, 2009, it was to question him about why he was seen giving $20 to Barrett. 

Oxner told the jury he heard Agent Harrison identify himself as police to the Rev. Ayers when he approached the pastor’s vehicle in the gas station parking lot. 

He said after that, events turned, “very chaotic.”  

After he was shot, Ayers reportedly drove away but eventually struck a power pole.  He was taken to Stephens County Hospital where he underwent surgery, but he died several hours later.  

According to court records, before his surgery, Ayers told authorities officer Harrison did not identify himself as a law enforcement officer, but drew his gun, and either waved the gun at Ayers or tapped the gun on the car window and told Ayers to get out of the car.

Thinking he was being robbed, Ayers said he attempted to drive out of the gas station, but Harrison fired two shots into Ayers’ vehicle. The second bullet, according to court records, struck Ayers in the abdomen. 

Under cross examination by Ayers attorneys Tuesday, Oxner admitted the NCIS officers were in plain clothes when they attempted to talk to Rev. Ayers at the gas station. 

He also admitted that he was not wearing any sort of identification to indicate to Rev. Ayers that he was a police officer when he exited the drug team’s vehicle. 

Oxner also admitted on the stand Tuesday that he violated police procedure by getting out of the NCIS vehicle, thereby putting himself in harm’s way when the Rev. Ayers began to attempt to pull away from the gas station. 

In Grand Jury testimony in December 2009, Harrison testified he shot Ayers because he thought Ayers was attempting to hit Oxner with his vehicle.  The Stephens County Grand Jury cleared Harrison of any wrongdoing. 

However, in a ruling dated 2/13/2013 by the U.S. Court of Appeals for the 11th Circuit, Abigail Ayers vs Officer Billy Shane Harrison, Sheriff Randy Shirley and Sheriff Joey Terrell,  the court determined there was no indication that Ayers posed a danger to others if allowed to drive away.  The court ruled officer Harrison’s use of deadly force was not objectively reasonable and that he was not entitled to qualified immunity under federal law or official immunity under state law. 

A Summary judgement was issued that case, however, for Stephens County Sheriff Randy Shirley and Habersham County Sheriff Joey Terrell.