MACON, Ga. — After reviewing the Georgia Bureau of Investigation’s initial findings, the Macon Judicial Circuit District Attorney’s Office found a deputy who shot a man during a foot chase earlier this month was justified in his actions.
District Attorney David Cooke held a press conference Monday morning to go over the case.
The shooting happened on March 1 in downtown Macon.
Cooke said around 1:30 a.m., 29-year-old Benjamin Bivins was allegedly involved in a fight with another unknown man near the Hummingbird on Cherry Street.
Bivins, who was allegedly armed with a gun, chased the man when he took off towards the intersection of Martin Luther King, Jr. Boulevard and Cherry Street.
That’s when Bivins fired two shots, according to Cooke.
Deputy Jeremiah Moneypenny was doing a business check with a nightclub near the intersection and saw the shooting.
Moneypenny, who was dressed in his uniform, ordered Bivins to drop his gun, Cooke said.
Bivins did not drop the gun and allegedly took off on foot. Moneypenny chased him to Mulberry Street Lane.
Cooke said Moneypenny believed Bivins was going to shoot him, and as a result Bivins and Moneypenny exchanged gunfire.
The witness who was with Moneypenny outside of the nightclub saw Bivins fire shots near the intersection, according to Cooke.
Cooke said the witness also saw Bivins turn towards Moneypenny with the gun still in his hand.
Bivins was shot during the chase by Moneypenny and arrested behind a dumpster on Mulberry Street Lane. A semi-automatic handgun was found nearby and a loaded magazine was in his pocket, Cooke said.
He was taken to the hospital for treatment.
Bivins is the only arrest in the investigation, Cooke said. He’s being charged with aggravated assault against a law enforcement officer and two firearm-related charges.
No charges will be filed against Moneypenny and he is cleared to go back to work, Cooke said.
“The facts are so very clear, I felt it was appropriate to let him get back to work,” Cooke said the a press conference.
He said with the deputy shortage in the county, it was important for him to get back to protecting the community.
Cooke said the shooting is still an open investigation.
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