Prosecutor Anita Howard says 2023 officer shooting was justified

PEACH COUNTY, Ga. — There's an update in a case we've been covering since October. That's when a Peach County deputy sergeant shot and killed 22-year-old Caleb Hooten.

Macon Judicial District Attorney Anita Howard said the sergeant will not face charges in the shooting death.

“It was clear that this was a justified shooting,” Howard said.

Deputy Sgt. Hermes Rodriguez will not face criminal charges for the fatal shooting of Hooten.

The shooting took place in October of last year, but for Howard, the problem really started in 2022.

“In July of 2022, when he was first convicted and he was not supposed to be in possession of a firearm,” Howard said.

Hooten was stopped by Rodriguez for a routine traffic stop. Dashcam photos show Hooten fleeing his car with a gun in his hand.

He was chased by Rodriguez and ordered him to drop the gun, according to the prosecutor's report. Hooten did not comply and Rodriguez fired 11 shots.

Two of the bullets struck Hooten in the back. He was pronounced dead in hospital shortly after.

Howard said his decision followed an investigation by the Georgia Bureau of Investigation separate from the Peach County Sheriff's Office.

“All of these safeguards are important in these types of cases, so the community can have confidence in the investigation,” Howard said.

We spoke with Caleb's father, Willie Hooten, in October. At the time, he just wanted answers.

“We don't support any wrong. If Caleb was wrong, Caleb was wrong. But if Caleb was right, we want justice,” Willie said.

Howard said she told the family about her decision.

“I know it's not the outcome they were hoping for, but the family has expressed hope that they can begin that healing process,” Howard said.

DA Howard is asking people not to escalate the situation when encountering law enforcement.

“I would tell the young men in my family … to go home safe and sound,” Howard said.

Howard said that during their independent investigation, Rodriguez was placed on administrative leave from all patrol duties pending the outcome of the investigation.

The prosecutor's office calls this a tragedy for the Hooten family, law enforcement and the entire community.

According to Howard's report, Georgia law says officers can use deadly force when suspects possess a dangerous weapon and pose a threat to themselves or others.

You can read Howard's full report here.