Man who yelled racial slurs at FedEx driver not charged or cited, lawyer responds

ATLANTA, Ga. (Atlanta News First) - UPDATE: The law firm representing a FedEx employee who was discriminated against while completing a delivery in Douglas County has responded to the investigation.

While we are deeply disappointed by the Sheriff’s decision not to cite or charge Mr. Bragg, we are not surprised. In their “investigation” of the matter, the Sheriff’s Office failed to follow basic police procedures by not interviewing the victim. Only after filing a formal police report was it discovered that the Sheriff’s Office not only knew about the incident but reached out to the assailant for a statement. Not once was Mr. Rush contacted about the incident during their “investigation.”
As defined by Georgia Code O.C.G.A. 16-11-39 (2010), a person commits the offense of disorderly conduct when such person commits any of the following: (1) acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb or health. Millions of viewers have witnessed Mr. Bragg violently approach Mr. Rush and threaten his safety by proclaiming, “I will show you how little Black lives matter.”
The citizens of Douglas County should be outraged. It is disgraceful that the individuals elected to protect and serve our community believe that the right to safety only applies to select neighborhoods. one has to wonder whether the Sheriff’s Office would have come to the same conclusion if an officer had been approached in this manner.
In the words of Dr. Martin Luther King Jr., we would like to remind the Sheriff, “The time is always right to do what is right.”
Ryan C. Williams Founding Partner, the Ryan C. Williams Lawfirm

Douglas County Sheriff Tim Pounds issued this statement:

“On 1/19/23, I met with Mr. Rush and his attorney about the incident and video which has now gone viral. As a law enforcement agency, we investigate crimes, there was no evidence presented to me of a crime being committed during this incident. Most of us in today’s society find this language degrading, derogatory, offensive, and racist. However, the First Amendment of the Constitution protects citizens’ freedom of speech.
As part of my oath of office, it is my responsibility to uphold the Constitutional Rights of all citizens and not allow my personal opinion to dictate how I enforce the laws.
As the Sheriff, I am sworn to serve and protect the citizens of Douglas County, the business owners, and those traveling through on their daily commute. Law enforcement officials do not always agree with another’s perspective, but we must protect and serve the community equally, fairly, and impartially. We must protect all persons within the laws and Constitution of Georgia as well as the Constitution of the United States of America. On the marked DCSO vehicles you see patrolling the county, there is a quote that says, ‘Progress Is Impossible Without Change.’ I ask you this, how will we ever move forward if we continue to do the things that keep us divided?”
Douglas County Sheriff Tim Pounds

ORIGINAL STORY: A viral video that has been seen more than 20 million times shows the disturbing encounter of a Douglasville homeowner yelling racial slurs at a FedEx driver this week.

“As soon as I jump out, he tells me I don’t want no black delivery drivers delivering at my house and I told FedEx before about this and he started calling me monkey, the n-word and as I started walking with his package,” FedEx Driver Michael Rush said.

RELATED: Principal, teacher of Decatur HS placed on ‘alternative assignment’ after a racial slur.

Shortly after the incident, Rush retained attorney Ryan Williams. They are calling on the Douglas County Sheriff’s Office to act and charge the man with disorderly conduct and simple assault.

“So simple assault doesn’t always include physical touch. The second part of simple assault is actually just a threat of violence. There was a threat of violence there. He told Michael I will show you how little Black Lives Matter. When someone says that to you, especially in this climate, they’re already telling you I don’t care about black people, and he said it in several different ways, and he said I’m going to show you how little your life actually matters,” Williams said.

Rush said he felt threatened during the encounter. As a result, he said his employer has put the entire neighborhood where the incident happened on the do not deliver list.

“As I backed up, I see him charging at the truck on the street and he’s knocking on the FedEx door before I cut the camera on, and he was calling me all kinds of names,” Rush said.

“All the Sheriff’s Office had to do at that time was looking at this video, identify this person, take out a warrant because I’ve seen warrants taken out for way less,” Williams said.

Atlanta News First tried contacting the man in the video several times to no avail. We also reached out to the Douglas County Sheriff’s Office about it, but they have not yet commented.

As for Rush, he’s receiving a lot of praise online for how he calmly handled this difficult situation.

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