Prosecutors asked a federal appeals court to send a murder case back to the state level for a limited remand in an effort to bring forth further charges against two Georgia police officers accused of shooting a schizophrenic Black man more than 75 times.
Officers Eric Heinze and Kristopher Hutchens were part of the 16-person U.S. Marshals task force assigned to execute an arrest warrant for 26-year-old Jamarion Robinson at an Atlanta apartment in August 2016, according to authorities.
Robinson was wanted for allegedly pouring gasoline on the floor of his mother's home and for allegedly pointing a gun while confronted by officers at a friend's apartment, according to WXIA-TV.
His mother had previously warned police her son was schizophrenic, but unmedicated.
Robinson was at his girlfriend's residence when task force members forced their way in. He fired two shots at officers, who returned over 90 rounds – 75 of which fatally struck Robinson, according to the autopsy report, Law&Crime reported.
Heinze and Hutchens were each indicted by a grand jury on two counts of felony murder, aggravated assault with a deadly weapon, first-degree burglary, making a false statement, and violation of oath by a public officer.
Hutchens was indicted on an additional count of making a false statement, according to the outlet.
On Monday before the 11th Circuit, state prosecutors argued their case to replace the false statement allegations with conspiracy charges and bring forth more charges of malice and felony murder.
A lower court previously denied their request for a superseding indictment because the officers, part of a federal task force, were "under color of federal and not state law," according to Courthouse News Service.
The panel of judges agreed even if prosecutors are able to secure the superseding indictment, the case will ultimately land in federal court, where Heinze and Hutchens will have federal immunity against the added charges, the outlet reported.
