DECATUR, GA (WXIA) -- The family of a DeKalb County man shot and killed by police has convinced the district attorney to keep the case open.
The attorney for the siblings of Kevin Davis insists the civil grand jury that met last week did not hear all the evidence in the case.
Davis’ family members asked for this sit-down with DA Robert James, and they emerged from the DeKalb County Courthouse Thursday afternoon feeling – in their words -- cautiously optimistic.
“We miss our brother, we know he didn't deserve what happened to him,” said Davis’ sister, Delisa Davis.
Despite the civil grand jury's recommendation to close the case, the family of 44 year-old Kevin Davis has apparently convinced the DeKalb district attorney to keep investigating his death. Almost one year ago, Kevin Davis called 911 to report that his girlfriend had been stabbed by a roommate who then ran from the apartment.
He stayed on the line to help treat her, then heard gunshots outside.
DeKalb County Police Officer Joseph Pitts had arrived and shot Davis' dog. Davis retrieved his gun and went to the front door, thinking the attacker had returned.
Police say Officer Pitts ordered Davis to drop his weapon. Prosecutors say 16 seconds later, Pitts shot Davis, who later died.
The Davis family attorney believes there is more evidence out there.
Even though the civil grand jury recommended the DA not indict the officer for the shooting, it is not legally binding. Ultimately, the decision is up to the district attorney as to whether or not to charge the officer.