LEESBURG, Ga. (WALB) — The Lee County District Attorney Lewis R. Lamb released a statement explaining the legal process involved in the family gathering shooting incident that occurred on June 7, responding to multiple inquiries and messages of concern from the community.

DA Lamb said he cannot comment on the specific facts of the case outside of court proceedings, but can explain the process and general status of the investigation.

When an incident is reported to law enforcement, the agency responds and initiates an investigation, according to Lamb. Based on the facts discovered, the investigator may or may not take warrants. Lamb said it is not uncommon to present one or more warrants to the magistrate immediately, even if the investigator anticipates that additional warrants may follow.

Once an individual is arrested on a warrant, they are entitled to a first appearance in the county’s magistrate court. That judge has the authority to set or deny bond in most cases. Lamb said that the entire process may take place before the district attorney is even aware of the matter.

After an arrest, the warrant is forwarded to the DA’s office for prosecution. At any point in an investigation, the local agency or the DA may ask the Georgia Bureau of Investigation (GBI) for assistance, Lamb explained.

In this case, the Lee County Sheriff’s Office requested assistance from the GBI.

The GBI is locating and interviewing witnesses and collecting other evidence, such as videos, from witnesses who were present or who may have home security video.

Lamb said he cannot charge someone with a crime. He must prepare an indictment stating the proposed charges, along with supporting evidence for a grand jury. The grand jury then decides whether there is probable cause to support the charges.

Lamb explained he is not limited to charges set out in the warrant. He can seek an indictment for additional, fewer, or different charges based on the available evidence. For most felony-level crimes in Georgia, the grand jury process is the only mechanism available to a district attorney for charging an individual with a crime.

Lamb said neither the investigating agencies nor a district attorney can bring charges based only on an allegation that some number of people were present at the time of the crime. Instead, the victim or victims must be identified by name in a warrant or indictment. Anyone with information about the incident must be identified and interviewed.

You can view the full statement from Lewis R. Lamb below:

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