Microscopic particles typical of gunshot residue were found on the hands of the environmental activist shot and killed Jan. 18 by state troopers at the site of Atlanta’s planned public safety training center, according to a report from the Georgia Bureau of Investigation.
The GBI lab report, dated Jan. 23, said the “presence of particles characteristic of gunshot primer residue” were revealed in samples taken from the hands of Manuel Terán, 26. The particles, not seen by the naked eye, were found by using a scanning electron microscope and X-ray spectroscopy.
The findings “supports the possibility that [Terán] discharged a firearm, was in close proximity to a firearm upon discharge, or came into contact with an item whose surface bears GSR,” according to the GBI report.
“It should be noted that it is possible for victims of gunshot wounds, both self-inflicted and non self-inflicted, to have [gunshot residue] on their hands,” the GBI report also said.
Terán, known as “Tortuguita” and who used they/them pronouns, was camped in the South River Forest to protest the construction of the training center, dubbed “Cop City” by activists. The GBI said Terán shot at law enforcement first and wounded a trooper during a “clearing operation” at the site. Troopers returned fire, killing Terán, according to officers. State troopers were not wearing body cameras, so there is no footage of the shooting.
Atlanta Police Department officers participating in the clearing operation were wearing body cameras and footage was released to the public. The footage doesn’t show the shooting, but a barrage of gunfire can be heard and yelling in the distance at 9:01 a.m.
The DeKalb County Medical Examiners Office released the GBI report this week, days after the office released Terán’s autopsy report. The autopsy report, dated Jan. 19, said, “gunpowder residue is not seen on the hands” of Terán, but added that the GBI was to conduct a lab test.
The DeKalb autopsy report noted Terán had at least 57 gunshot wounds to their head, chest, abdomen and in their arms, legs and hands. The report noted Teran’s cause of death as multiple gunshot wounds; manner of death was ruled homicide.
Terán’s family has questioned the GBI’s claim that Terán fired first and wants the agency to release its full investigative file, including witness statements and forensic tests, said their attorney, Jeff Filipovits.
“The ongoing selective release of information about the death of Manuel Paez Terán is
unacceptable,” Filipovits said in a written statement.
“Nothing in this report establishes the chronology of when shots were fired,” Filipovits said. “Nor does it address that law enforcement officers designated people who were camped in a publicly owned forest as domestic terrorists and entered the forest prepared to use deadly force against the activists.”
Filipovits said the GBI test results are “inconclusive” because the report acknowledges it is possible for gunshot victims to have gunshot residue on their hands.
“Manuel Paez Terán received gunshot wounds to both hands. The report does not address this fact,” Filipovits said. “It merely claims that the evidence ‘supports the possibility that the individual discharged a firearm.'”
Habersham County District Attorney George Christian is the special prosecutor who will be reviewing the GBI’s investigation of the fatal shooting of Terán. He said in a April 26 interview he had not yet seen the autopsy report or GBI gunshot residue report.
He also said he knew DeKalb’s autopsy report was being made available to the public, but was not aware the GBI’s gunshot residue report was released.
The release of the autopsy and gunshot residue reports would not impact his investigation, Christian said. Once his review of the case is completed, Christian will determine if state troopers were authorized to use lethal force during the Jan. 18 operation. Officers could face criminal charged if the DA decides lethal force was not authorized.
“I will see what the evidence says and I will make a determination,” he said.
Activists as well as local elected officials have questioned the GBI’s role as leading the investigation of the fatal shooting because it was the agency in charge of the clearing operation when Terán was killed. Atlanta City Councilmember Liliana Bakhtiari has called for the U.S. Department of Justice to open an investigation into Terán’s death.
“I have no public comment,” Christian said when asked about the concerns.
“They’re a very competent agency and I have the utmost respect for the GBI,” he said. “But I’m going to look at the investigation report and all of the factors in an objective manner.”
Christian’s said there is no timeline for when his review of the investigation will be completed.
“But I know it needs to be resolved for everybody, no matter where they stand on the case,” he said.
“I am approaching the case with this understanding and I know it’s important,” he said. “I understand this case is a very emotionally charged situation for everyone involved.”
Christian said he accepted the job in March. He was asked to do so by the Prosecuting Attorney’s Council of Georgia after DeKalb County District Attorney Sherry Boston recused herself from the case.