Deputy shot and killed grandfather who had hands up, then lied about reason, suit says
A family is suing a deputy in Georgia, saying he shot and killed their loved one, who was unarmed, in the backyard of his rural home and then justified the shooting with a fake story.
Gordon County sheriff’s deputy Aaron “Storm” Carnes is accused of shooting 51-year-old Billy Dewayne Couch without warning, while Couch had his hands up and wasn’t a threat on Jan. 24, 2023, according to a federal lawsuit filed by Couch’s family on Sept. 10.
“Couch was loved and cared for by his grandchildren, his daughter, his extended family members, his girlfriend, and his neighbors in Sugar Valley,” a complaint says.
Before the shooting, the Georgia Bureau of Investigation said a deputy tried to pull Couch over around 1 a.m., but Couch, according to authorities, wouldn’t stop and drove to his home in Sugar Valley, where he pulled in around the back. Sugar Valley is about an 80-mile drive northwest from Atlanta.
According to the lawsuit, Carnes followed Couch to his home and tried to arrest him.
As Couch got out of his truck, “obviously terrified,” the complaint says Carnes drew his gun at him and charged while “shouting profanities and commanding Mr. Couch to show his hands.”
Couch put his hands up and began moving away from Carnes with his back turned, according to the complaint, which says he was trying “to find some sort of safety.”
Then Carnes shot Couch three times — in his back, shoulder and side — and Couch “crumbled to the ground,” the complaint says. A fourth bullet fired by Carnes missed Couch, according to the complaint.
The complaint says Carnes’ reason for shooting Couch was a lie. Carnes accused Couch of making a “‘drawing motion’ with his arm” and stepping toward him before he shot him, according to the complaint.
In addition to Carnes, the lawsuit also names Gordon County and Sheriff Mitch Ralston as defendants.
The county and Ralston didn’t immediately respond to McClatchy News’ requests for comment Sept. 11.
“My father should be alive today, living his life and seeing his grandchildren grow up,” Kelsey Morgan Brown, Couch’s daughter, said in a statement provided to McClatchy News on Sept. 11.
“Instead, this senseless act of violence by a Gordon County sheriff’s deputy took him from us forever,” Brown said.
‘Cold shoulder from law enforcement’
The day of Couch’s death, the GBI announced the Gordon County Sheriff’s Office asked the agency to independently investigate the officer-involved shooting.
The GBI said in a news release that after Couch drove away from the deputy who tried to pull him over, Couch drove to the back of his house and the deputy blocked him in with his vehicle, ordering him to “show his hands.”
When Couch stepped outside of his car, authorities said the deputy gave him “verbal commands” and shot him, according to the GBI.
No body camera was worn by the deputy during the incident, according to the GBI, WSB-TV reported in February 2023.
The GBI said that the agency would turn over the case to the Gordon County District Attorney’s Office when it completed the investigation.
The GBI didn’t immediately respond to McClatchy News’ inquiry about the status of the investigation.
“After suffering the tragic loss of Billy Couch, this family has endured a cold shoulder from law enforcement in Georgia, who have stood behind secrecy rather than transparency,” David B. Owens, one of the attorneys representing the case, told McClatchy News on Sept. 11.
Deputy accused of preventing medical care
The lawsuit says that, after Carnes shot Couch, “Carnes nonetheless continued to point his gun at Mr. Couch and shout commands as Mr. Couch was bleeding out and dying in the mud.”
Carnes is accused of refusing to provide him medical care and telling emergency medical services to not come.
“Deputy Carnes refused to provide and prevented Mr. Couch from receiving any medical attention for over ten minutes and after Mr. Couch stopped showing signs of life,” the complaint says.
Carnes was ultimately taken to a local hospital and pronounced dead, according to the GBI.
The complaint says Carnes returned to work after the shooting, which happened about nine months after he was involved in another shooting while on duty.
Carnes and another deputy fatally shot Casey Honea in April 2022, according to the complaint, which says Honea wasn’t a threat.
According to a GBI Investigative Summary, Honea had a knife and the shooting was considered justified by the Cherokee Judicial Circuit Attorney’s Office, the Atlanta Journal-Constitution reported.
However, Owens believes Honea was unarmed, like Couch, he told McClatchy News.
“This has been a second, unnecessary tragedy,” Owens said of Couch’s death.
“For the second time, the Sheriff and the government of Gordon County have put this officer back on the streets with a gun and permission to use violence with some form of impunity,” Owens said.
Couch’s family demands a jury trial and seeks an unspecified amount in damages.
This story was originally published September 12, 2024 at 10:00 AM with the headline "Deputy shot and killed grandfather who had hands up, then lied about reason, suit says."
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