The family of a man who was fatally shot by a Gordon County deputy following a 2023 traffic stop and chase filed a federal lawsuit on Monday against the deputy, the sheriff’s office, and the county.
Deputy Aaron "Storm" Carnes attempted to pull over Billy Dewayne Couch near Resaca, Georgia, just off I-75 between Calhoun and Dalton, around 1 a.m. on January 24, 2023, due to a missing tag light, authorities reported. Instead of stopping, Couch led the deputy on a chase that concluded at his home in the small community of Sugar Valley, according to Gordon County Sheriff Mitch Ralston.
"My father should be alive today, living his life and seeing his grandchildren grow up," Couch’s daughter, Kelsey Morgan Brown, said in a statement. "Instead, this senseless act of violence by a Gordon County sheriff’s deputy took him from us forever. We are bringing this lawsuit to try to get justice the only way we can think of in the midst of this immense tragedy."
The Gordon County Sheriff’s Office declined to comment on the pending litigation, as noted by The Atlanta Journal-Constitution.
This incident marks the second fatal shooting involving Carnes within a few months.
The lawsuit states that after Couch pulled into the backyard and driveway of his family home, Carnes followed and attempted to place him under arrest. Carnes blocked Couch’s vehicle from fleeing and commanded him to show his hands, as confirmed by the Georgia Bureau of Investigation (GBI).
Couch exited the vehicle, and Carnes continued to give commands before opening fire, the GBI reported. The lawsuit contends that Couch “did not threaten Deputy Carnes, make any sort of threatening motion, or do anything that would pose a threat to the officer or anyone else” and was visibly frightened.
The lawsuit further claims that Carnes pointed his firearm at Couch, aggressively advanced toward him, and yelled profanities while commanding Couch to show his hands. Couch allegedly raised his hands to demonstrate he was unarmed and turned away, seeking safety.
"Despite the fact that Mr. Couch was unarmed, had shown Carnes his hands, and was moving away with his back turned toward the deputy, Defendant Carnes shot him," the lawsuit alleges.
According to the complaint, Carnes did not provide any warning before firing four shots at Couch. Three bullets struck Couch—one in the back, one in the shoulder, and one in the side—and none hit him from the front, the lawsuit specifies.
"When Deputy Carnes shot him, Mr. Couch was not a threat to the deputy or any other person," the lawsuit argues. "When Deputy Carnes shot him, Mr. Couch was unarmed, nonthreatening, and in the backyard of the place he lived."
The lawsuit further claims that after Couch was shot, Carnes continued pointing his gun at him as Couch lay "bleeding out and dying in the mud" without receiving any medical assistance. Couch was later taken to a local hospital, where he was pronounced dead.
Carnes allegedly fabricated a reason for shooting Couch, falsely asserting that Couch made a "drawing motion" with his arm and stepped toward him, according to the lawsuit.
Additionally, the lawsuit highlights Carnes’ involvement in a prior fatal shooting in April 2022 after a high-speed chase. The GBI noted that during the 2022 incident, 26-year-old Chris Honea "made a movement toward his waist" as officers, including Carnes, closed in to arrest him, leading to Honea’s fatal shooting. A search revealed that Honea had a knife, and the shooting was deemed justified by the Cherokee Judicial Circuit Attorney’s Office.
The lawsuit claims Carnes faced no disciplinary action for fatally shooting Couch.
Records from the Georgia Peace Officer Standards and Training Council show that Carnes has been with the Gordon County Sheriff’s Office since June 2018, initially as a jailer before being promoted to deputy in June 2021. He has no recorded disciplinary history.
