Fulton County prosecutors have shut down their review and will not file criminal charges against Atlanta police officer Melvin Potter in the off-duty shooting that killed 38-year-old Devon Anderson outside a South Fulton bar. The decision surfaced publicly during the Atlanta City Council’s Public Safety and Legal Administration Committee meeting on June 22, where Anderson’s mother, Valerie Anderson, who has been pressing officials for answers since the shooting, told council members she is “not going anywhere.”
DA says evidence showed self-defense
Jeff DiSantis, a spokesperson for the Fulton County district attorney’s office, told Axios that prosecutors concluded the evidence shows Potter was "justified in using deadly force in this matter pursuant to Georgia law on self-defense" and therefore did not present any charges to a grand jury.
The Georgia Bureau of Investigation, which handled the independent probe after South Fulton police requested it, said the shooting happened around 1 a.m. on Aug. 5, 2024, in the 5000 block of Old National Highway and that Potter was charged with misdemeanor obstruction after refusing a blood draw, according to a GBI news release. The GBI later turned its case file over to the Fulton County district attorney for review.
Family and city response
At the June committee meeting, residents and advocates lined up to demand that Potter be removed from the Atlanta Police Department and blocked from getting law enforcement work anywhere else, according to Atlanta News First. The Atlanta Police Department said Potter is still employed and is on paid administrative duty.
APD Deputy Chief Jason Smith told the committee that the department’s Office of Professional Standards will open an internal investigation into whether department policy was violated. Family members and advocates at the meeting said the DA’s decision highlights the gap they see between what is required for criminal prosecution and what communities expect in terms of departmental accountability.
Officer's record and legal fallout
Potter's record includes a 2021 Coweta County DUI arrest that led to an April 2022 conviction and a POST probationary sanction, and he has been the subject of multiple internal investigations, according to prior reporting. The Anderson family has filed a federal lawsuit naming Potter, the city and others, as reported by The Atlanta Journal-Constitution. The misdemeanor obstruction charge from the night of the shooting was documented by investigators and local outlets in the immediate aftermath.
What comes next
With prosecutors closing the criminal case, the APD internal review and the family’s civil suit are now the primary avenues for accountability and could take months to resolve. City Council members and community groups have said they will track the Office of Professional Standards process and press APD leadership for transparency as the review moves forward. The matter was discussed at a City Council public safety committee meeting on June 22, according to the Atlanta City Council.
For now, Potter remains on administrative duty while the department and the courts sort through the civil claims and internal policy questions left open by the district attorney’s decision.
