13WMAZ obtained a copy of the GBI files in the Kroger investigation through open records from District Attorney David Cooke's office.
The report is more than 200 pages and includes testimony from witnesses, and reports from investigators handling the case.
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It also includes Sutton's own testimony of what happened when he was assigned to Kroger. He says he was responding to a 911 call from a shopper who said she was frightened after Sammie Davis, Jr. came up to her asking her money while putting groceries in her car.
Sutton described what happened when he arrived at the scene:
"I pulled into the Kroger shopping center and noticed a large black male sitting on the bench. I pulled up to the curb next to him and asked him to come over to my car. He came over and I asked him what he was doing he said nothing. I asked him if he was gonna go inside and shop he said no. I asked him why not he said he didn't have any money. Then I asked him for his name and he said Sammie Davis. I then suspected him to be a guy named Chucky Davis that I had signed shoplifting warrants on about a year ago at the same Kroger so I got out of the car, got about an arms length or a little bit away from him. I asked him to take his hands out his pocket and he would take his right hand out and he wouldn't take out his left. I then asked him again to take his hands out of his pockets and that;s when he lunged at me, grabbing me around my head and I was able to block his right hand with my left hand somewhat and that;s when I felt him cutting me on the side of my neck. I began pushing away and drew my weapon and fired 3 rounds and ran backwards until I hit a car. He was then still walking towards me I was able to talk to him and get him to sit down on the curb and wait for other officers to get there. "
Sutton told investigators he felt using his gun was the only option available in the situation, and that Davis made him fear for his life.
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Police also spoke to several witnesses the night Davis was shot. Several told investigators they saw Sutton talking to Davis and heard shots, but only one claimed actually seeing it.
According to the GBI report, that witness told investigators: "The guy charged the officer."
She said that man's arms went up in the air towards the officer around his shoulders, chest or neck area. She stated that the officer shot and took steps backwards and ended up hitting her car and broke her mirror.
Another woman saw a police officer talking with a man and they were real close. She looked down at her grandchild and turned back around when she heard the shot. That is when she saw the police officer holding his gun, still holding it at the man.
She told police Davis was still standing up but sat down on the curb for a good while and then laid back. She stated he was holding his stomach.
One witness also said if Davis is on his medication "he is a gentle giant." If he is not, he will talk to himself out loud. The witness said he would ask him if he had his medication and he would just grin.
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