Ayers Civil Trial Underway in Gainesville

Almost five years after his death, the trial in the civil lawsuit filed in the 2009 death of Lavonia pastor the Rev. Jonathan Ayers is underway in Gainesville. 

Opening statements took place Monday in U.S. District Court in Gainesville before Judge Richard W. Story.  The Rev. Ayers was shot in the parking lot of a Toccoa gas station in September 2009 by NCIS Drug Team Officer Billy Shane Harrison.  He died later at Stephens County Hospital. 

In 2010, his widow, Abigail Ayers, filed a wrongful death lawsuit  seeking at least $5 million in damages. That, after a Stephens County Grand Jury ruled in December 2009, officer Harrison was justified in shooting her  husband.  Harrison told the Grand Jury he feared for the safety of another Drug Team Agent involved, Chance Oxner. 

In her lawsuit, Ayers claims false arrest, assault and battery, and excessive force were used against her husband by officer Harrison. 

Harrison, Oxner and other drug agents claimed that on the day he was shot, they had seen Ayers with a woman who was the target of a drug investigation.  They testified they were attempting to question Ayers at the gas station, when he drove away.   Ayers eventually lost control of his vehicle and hit a tree.  He underwent surgery at Stephens County Hospital but died later from complications. 

The defense previously argued in response to the suit that the agents were performing objectively reasonable, discretionary acts with the scope of their duties as police officers at the time. 

In March of last year, the U.S. Court of Appeals granted grant summary judgments to Stephens County Sheriff Randy Shirley and Habersham County Sheriff Joey Terrell who were also named as defendants in the Ayer’s civil suit.  Ayers claims that the two departments failed  to train their deputies properly, which may have contributed to her husband’s death. 

A summary judgment means the Court of Appeals has ruled no trial will be necessary on the plaintiff’s claims because there are no material factual issues remaining to be tried.

 Charlie Bauder, WNEG Radio, Toccoa contributed to this story.