Grand jury dismissed in deputy-involved shooting investigation

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By: Aubrey Brown | WCTV Eyewitness News
January 23, 2018

THOMASVILLE, Ga. (WCTV) -- The investigation into a fatal deputy-involved shooting in Thomasville has been delayed after a juror was found not to live in the county.

37-year-old Herbert Gilbert died at a hospital after sustaining injuries during a deputy-involved shooting in the 400 block of Magnolia Street in August 2017.

According to the Georgia Bureau of Investigation, Thomas County Drug Agents were in the area attempting to execute a search warrant when the shooting occurred. The incident reportedly involved the subject's vehicle and police vehicles prior to the shooting.

Authorities have not released an account of exactly what led up to the shooting.

The GBI identified the deputy involved in the shooting as Thomas County Drug Agent Josh Smith. Smith had been with the Thomas County Sheriff’s Office since June 2012.

A grand jury heard testimony Monday, but one of the jurors was later found not to be a resident of Thomas County.

District Attorney Brad Shealy says this voids any action to move forward with the case, and a new grand jury must be selected.

The investigation may be delayed until May, as a new grand jury does not come in until April. Shealy says the district attorney's office will schedule a new date for testimony after the new grand jury is sworn in.

Shealy says 37 other cases have been postponed, and indictments made by this grand jury will have to be presented again.

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