The Bibb County District Attorney’s Office has completed its independent review of the in-custody death of Stephen Fossett, which occurred at the Bibb County Jail on May 25, 2024. After a thorough examination of the evidence, District Attorney Anita Howard has determined that criminal charges against the involved Bibb County Sheriff’s Officers are not legally warranted.
The investigation was initiated after Mr. Fossett became unresponsive and later died following an incident in which officers deployed tasers while attempting to control his drug-induced combative behavior. The comprehensive review included analysis of surveillance video, body-worn camera footage, witness statements from officers and medical staff, detailed taser deployment records, and autopsy findings.
“After careful review of all available evidence, we have concluded that the force used by officers was reasonable under the circumstances and did not violate Georgia law governing the use of force by peace officers,” said Howard. “The evidence shows that the officers were responding to a rapidly evolving situation with an inmate who had consumed an illegal substance, became combative, and attempted to flee while in custody.”
Key findings from the investigation include:
• Medical evidence confirmed Mr. Fossett had consumed the controlled substance MDMB-4en-PINACA, commonly known as K2, prior to the incident
• Officers initially sought medical assistance for Mr. Fossett after finding him unresponsive
• Mr. Fossett became combative at various points when medical staff attempted to treat him, resulting in an ongoing struggle during which tasers were deployed
• Forensic analysis of the tasers showed that despite multiple trigger pulls, the combined effective deployment time was 13.24 seconds, which was within the 15-second threshold recommended in training
• The medical examiner determined the cause of death was due to the toxic effects of K2, complicated by the physical altercation/restraint and taser use; other contributing factors included schizophrenia, pulmonary emphysema, and a bridged left anterior descending coronary artery
The District Attorney’s Office emphasizes that this determination is limited to criminal liability and does not address potential civil liability or administrative policy matters within the Bibb County Sheriff’s Office.
The District Attorney extends condolences to Mr. Fossett’s family during this difficult time.