GBI Investigates Officer Shooting in Forest Park

Clayton County Courthouse

Forest Park, Ga. - The Georgia Bureau of Investigation is investigating an officer involved shooting in Forest Park. According to reports, two suspects were shot by police last night. Both suspects are expected to survive.

The two suspects were being pursued by officers after they allegedly jumped out of a moving vehicle. The vehicle they jumped out of was reported stolen. The four victims of the theft told police that they were forced from their vehicle at gunpoint on Old Dixie Highway. Police stated that, “The victim was able to track his vehicle through the use of a tracking application installed on an iPad device still remaining inside of the vehicle.”

The Georgia Bureau of Investigation has reported that two of the three suspects in the carjacked vehicle pointed firearms at the chasing officers. Officers then open fire - shooting one of the suspects in the shoulder and another in the back.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of carjacking - or otherwise known by law as hijacking a motor vehicle in the state of Georgia.

Hijacking a Motor Vehicle in Georgia

The Georgia Code defines Hijacking a Motor Vehicle in Georgia in O.C.G.A. §16-5-44 as:

A person commits the offense of hijacking a motor vehicle when such person while in possession of a fireman or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so.

To be accused of committing the crime of hijacking a motor vehicle, a weapon must be involved. Georgia law defines a weapon as “an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death”. Also included under the definition of a weapon are replicas or other devices that have the appearance of a weapon as defined by the statute.

Hijacking a motor vehicle is classified as a felony in Georgia. The penalty for hijacking a motor vehicle is a prison term for no less than 10 and no more than 20 years and a fine between $10,000.00 and $100,000.00. However, if the accused already has a prior conviction for hijacking, then the consequences are much more severe. In that situation, the penalty would be life in prison and a fine between $100,000.00 and $500,000.00. The previous hijacking conviction does not have to be from a Georgia court. The conviction can be from any other state or country as long as the offense would be considered hijacking in Georgia.

Practice Note

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