The man accused of killing a Gwinnett County sheriff’s deputy last fall now wants the case thrown out before it ever reaches a jury, telling a judge he pulled the trigger in self-defense. His request marks the most significant legal turn yet in a killing that rattled metro Atlanta law enforcement and neighbors alike.
Eric Sumner has filed a motion asking to be declared immune from prosecution in the September shooting that left Master Deputy Tamara Tuitt‑Bartlett dead, arguing he acted in lawful self‑defense during a domestic dispute. According to FOX 5 Atlanta, the motion urges the court to block criminal charges on self‑defense grounds.
Tuitt‑Bartlett was found dead inside her Forsyth County townhouse in late September 2025, and investigators say her teenage son was also shot and survived. Earlier that year, she had filed for, then later dropped, a temporary protective order against Sumner, court records show, according to The Atlanta Journal‑Constitution.
After the shooting, authorities arrested Sumner following a brief police chase, and he now faces a murder charge, multiple aggravated‑assault counts and weapons charges, officials said. Those charges and the details of his arrest were outlined by WSB‑TV.
What Georgia Law Allows
Georgia law includes an immunity provision that can shield a person from criminal prosecution if a judge finds the use of force met the state’s legal standard for self‑defense. That framework is set out in OCGA §16‑3‑24.2, which explains when immunity is available and notes limited exceptions, including situations involving unlawful weapon possession.
How Immunity Motions Play Out
In Georgia, a defendant who asks for immunity has to convince the judge by a preponderance of the evidence that the force used was justified. Judges can decide immunity as a matter of law before a case ever reaches trial. The Georgia Supreme Court’s ruling in Georgia v. Ogunsuyi details how courts weigh testimony, corroborating evidence and witness credibility at those pretrial hearings.
What’s Next
Sumner’s immunity bid now sets the stage for a closely watched hearing that could either end the prosecution outright or clear the way for the case to move on to trial, depending on how the judge rules. FOX 5 Atlanta reported on the filing and noted that no date for an immunity hearing had been announced.
As the legal wrangling unfolds, family members, colleagues and community residents have continued to mourn Tuitt‑Bartlett. Earlier coverage of the shooting, including Hoodline’s September report on the slaying, described her nearly 20‑year career with the Gwinnett sheriff’s office and the intense outpouring of grief in her Forsyth County neighborhood.
