November 10, 2002
Sheriff's office drops charge against sleeping 62-year-old


By Steven H. Pollak, Staff Writer

After being shot at in his home by a DeKalb County policeman and spending a night in the Forsyth County Adult Detention Center, 62-year-old James Cecil Sosebee has learned that he will not be charged after all.

Law enforcement officers from Forsyth and DeKalb counties early Wednesday entered Sosebee's trailer in search of someone else — Adam Carlan, who was wanted in DeKalb County for aggravated assault. Carlan, as it turns out, resided in another nearby trailer on Millwood Road.

According to the sheriff's office, the two DeKalb officers and one local deputy identified themselves prior to mistakenly entering Sosebee's home. But Sosebee, who was asleep, became startled by the intruders and picked up a rifle that he keeps by his bed, pointing it in their direction.

One of the DeKalb officers shot at least five rounds at Sosebee, who then put down his rifle but was arrested and charged with aggravated assault. He spent the rest of the night in jail.

Two hours later, the law enforcement officers returned to Millwood Road and located Carlan, arresting him without incident.

Forsyth County Sheriff Ted Paxton said in an interview Thursday that all charges against Sosebee have been dropped.

“Mr. Sosebee was sound asleep in his home when the officers went in,” Paxton said. “He did not immediately realize who it was. There was some miscommunication.”

Paxton said he consulted with the district attorney’s office before dropping the charges.

“One of the elements in any crime is that there must be intent, and Mr. Sosebee had no intent to assault any police officers,” he said. “Once he realized it was police officers, he dropped the gun. There was never any intent on his part to assault anybody.”

The Dekalb County Police Department’s Internal Affairs Division has opened up an investigation into the shooting but has declined to comment on it.

Melanie Sosebee, a niece by marriage who lives next door, said she has been contacting attorneys about possible legal action.

She said her uncle works as a heating and air conditioning repairman and drinks six to eight beers each evening before turning in around 9 p.m.

The sheriff’s office incident report said James Cecil Sosebee had a strong odor of alcohol about him when he was arrested.

Melanie Sosebee added that her uncle keeps an old German Mauser rifle next to his bed because he’s been robbed twice in the trailer.

When the law enforcement officers entered the trailer, she said, he was in a “drunken stupor” and thought he was being robbed.

“It’s just totally unprofessional and unacceptable the way they went about this,” she said. “I just want to see that the officers who are responsible for putting Cecil in this frame of mind do not do this to another citizen of the state of Georgia.”

.

Melanie Sosebee added that her uncle keeps an old German Mauser rifle next to his bed because he’s been robbed twice in the trailer.

Quoted:



A k98? That rifle would fire through about 6 or 7 trailer homes. Shit.

Quoted:





A k98? That rifle would fire through about 6 or 7 trailer homes. Shit.

Quoted:
Time for another installment of Barney Fife on the job.

Quoted:


So the fuck what?

Scott

Quoted:


I think the fact that he had several drinks is very important. It clearly shows that a HVAC repairman with alcohol in his system and being abrubtly awoken in the early morning is still able to execute better judgement than the officers that entered.

The officers probably have chief moose as a role model.

Quoted:



Oh SNAP! [bounce]

Quoted:
Whoever sent the cops to the wrong trailer is to blame.

Would the 62 year old have realized they were real cops sooner if he hadnt been in a "drunken stupor" as described by his own family?