Prosecutors won’t pursue charges against fired Ascension deputy in domestic disturbance case – The Advocate

GONZALES Prosecutors with the Louisiana Attorney General's Office will not pursue charges against a former Ascension Parish sheriff's deputy arrested over a domestic disturbance at his home in February, a spokeswoman for the office said Thursday.

Sheriff Jeff Wiley fired Deputy James Atkins II, 34, of Gonzales following an internal investigation and just hours before Gonzales Police arrested him on a simple battery count Feb. 14 over the incident six days earlier.

Gonzales Police arrested Atkins after arresting his former girlfriend, who had swung a dumbbell at his car at his home Feb. 8 and later fled. She was booked on counts of disturbing the peace and simple criminal damaged to property.

A judge agreed to recuse 23rd Judicial District Attorney Ricky Babin from Atkins' case March 8 and appointed the Attorney General's Office to handle it. But Assistant Attorney General Angad Ghai notified the court April 24 that his office declined to accept charges without offering any further explanation.

"Based on the facts presented to us in this case, our office found insufficient evidence to achieve a conviction," Ruth Wisher, spokeswoman for the Attorney General's Office, said in an email. "Should new credible information arise, we will proceed accordingly."

Dallon Bush, Atkins' attorney, said his client believes he was wrongfully accused, had been speaking with the Attorney General's Office about the case and is happy with prosecutors' conclusion not to proceed.

"We felt like it was the right, corrective action, given circumstances," Bush said.

Capricia Powe, 35, of Donaldsonville, who accused Atkins in the domestic incident, was arrested March 13 on allegations she violated a protective order that Atkins had placed against her one day after the incident, online jail records say. Ascension Parish Judge Marilyn Lambert put her in home incarceration March 29, two days after Powe's release from jail.

A deputy for more than seven years, Atkins was shot in his hand Jan. 20, 2015, while in the line of duty, the first time a deputy had been shot in more than 40 years. He was trying to stop suspected shoplifters in Donaldsonville who, Ascension prosecutors say, were on the run from an attempted murder in Florida.

Follow David J. Mitchell on Twitter, @NewsieDave.

See the article here:

Prosecutors won't pursue charges against fired Ascension deputy in domestic disturbance case - The Advocate