Cherokee deputy cleared in shooting death of 16-year-old
by Megan Thornton
June 26, 2012 01:06 AM | 2440 views | 2 2 comments | 12 12 recommendations | email to a friend | print
CANTON — Deputy Jason Yarbrough has been cleared of any wrongdoing in the May 1 shooting of Andrew Messina, the 16-year-old Towne Lake teenager who was killed in a standoff with Cherokee Sheriff’s Office deputies.

In a 700-page report prepared by the Georgia Bureau of Investigations, District Attorney Garry Moss ruled that he found no reason to prosecute Yarbrough.

Included with the report were three videos Messina recorded on his iPhone to document the early evening stand-off in his home in the Eagle Watch subdivision, which started after his mother called 911, saying the teenager had threatened her after a fight the two had over his school grades and friends. The videos total about 30 minutes and show Messina’s loaded .357 Magnum revolver, which he points towards his head in the last video.

Toxicology reports reveal that Messina’s blood tested positive for sertraline, an anti-depressant, and a had an alcohol content of 0.132.

“In my opinion, it’s clearly a synergistic reaction between those medicines and that alcohol that contribute to the tragic circumstances of that day,” Sheriff Roger Garrison said in an interview Monday.

Maj. Ron Hunton wrote in his account that three negotiators went close to the Messina’s front door in an attempt to engage Messina, who would not speak with them over the phone.

“Messina was drinking and Sgt. (Charles) Westbrook felt that (Andrew) was trying to build up his courage to either hurt himself or engage law enforcement — forcing law enforcement to hurt (Messina),” Hunton wrote.

Westbrook also reported to investigators that Messina pointed a gun at Westbrook “a number of times” and that Westbrook told him at least twice not to do so, Hunton wrote in the report.

Yarbrough told investigators that he felt compelled to shoot because he believed Andrew was shooting through the glass door at negotiators and other deputies near the front door.

Yarbrough said he saw Messina’s hand holding the revolver, extended out towards negotiators and then heard “two loud pops” he believed were gunshots.

However, Andrew’s gun never went off, Hunton said in the report. Andrew hit the front door with his gun but failed to break the glass, then hit it again and broke through before pointing his gun through the broken windowpane at the nearby investigators, Hunton said in the report.

Yarbrough then shot Messina in the abdomen. Messina was taken to WellStar Kennestone Hospital, where he was later pronounced dead.

“It is my opinion that the shooting death of Andrew Messina was a justified use of force by law enforcement,” Hunton said in the report.

Garrison said Yarbrough is in training this week and will return to active duty next week. He has been on paid administrative leave since the shooting, Garrison said.

According to the GBI report, the case is closed.

Messina’s mother did not return calls for comment.

Comments
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Richard Stone
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June 26, 2012
This is the best outcome possible-had this fellow-regardless of age or circumstance-started shooting the loaded 357 magnum-someone would have died other than him. The real questions are given that this fellow had known issues and was taking medication for those issues-why was he able to access a loaded firearm from the house (they make gun safes) and liquor (that too can be locked up). Lack of control......and over simple things............
Cartersville Bob
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September 26, 2012
Richard, from what I read he was being treated for depression. The medications for most if not all anti-depressants state on the package (called a black box warning) that they can call suicidal thoughts and actions especially for young people. It’s really quite easy to second guess everything in this tragic incident, access to the gun, alcohol availability etc. Hopefully you will never have to go through what the parents of this young man have. The police officer made a legally correct decision to protect the lives of others, yet I wonder if shooting the kid in the arm/shoulder or anywhere else wouldn’t have been a better option given his proficiency with a rifle. Protecting all lives involved vs. taking even one. I actually feel sorry for the officer because right or wrong he will have that incident with him for the rest of his life. It was a terrible day for everyone involved,and suicide by cop is probably what his medicated mind was going for.
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