Two Men Convicted in Gun Battle with APD

Atlanta-Fulton County District Attorney Paul L. Howard, Jr. announces the sentence for the guilty verdicts in the case of The State v. Derrick Newell and Marcellus White for shooting at two Atlanta Police Officers, Officer Robert Godwin and Officer Stephen McKesey. Derrick Newell was convicted of two counts of Aggravated Assault on a Peace Officer, Possession of a Firearm During Commission of a Felony, Terroristic Acts, and Reckless Conduct. Marcellus White was convicted of Possession of a Firearm During Commission of a Felony, Terroristic Acts, and Reckless Conduct. Newell was sentenced to fifteen years to serve twelve years, balance on probation and White was sentenced to ten years to serve plus five consecutive years suspended.

On December 19th, 2013, Officer Godwin and Officer McKesey were working in a marked APD K9 vehicle in the area of Parkway Drive N.W. and Ponce De Leon Avenue in Atlanta when they heard gunfire. The Officers then saw a black Toyota Camry backing down the Parkway firing weapons up Parkway toward North Avenue. The Officers gave a loud verbal command, stating “Atlanta Police” and “drop your weapons.” The occupants of the Camry, including Newell, the front seat passenger, and White, the driver, then fired on the Officers. Both Officers returned fire in defense of their lives. The gunfire took place directly in front of a Zaxby’s Restaurant where people were eating. There was a pause in the gun fire, and Officers were able to safely take both White and Newell into custody. No one was injured as the result of the gunfire.

Fulton County Superior Court Judge T. Jackson Bedford presided over sentencing. It was prosecuted by Senior Assistant District Attorney Cara Convery and Chief Senior Assistant District Attorney Clinton Rucker as well as Director Johnna Griffin of the Fulton County District Attorney’s Investigations Unit. Detective Brett Zimbrick of the Atlanta Police Department led the initial investigation.