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Police: Deputy shoots ex-Marine at Clayton Co. courthouse

 A Clayton County Sheriff’s Deputy shot an ex-Marine at the Clayton County courthouse annex just after 10 a.m., after an argument about talking on his cell phone in court got heated.

A Clayton County Sheriff’s Deputy shot an ex-Marine at the Clayton County Courthouse annex just after 10 a.m., after an argument about talking on his cell phone in court got heated. (Ryan Kruger / WXIA)

JONESBORO, Ga. – A Clayton County Sheriff’s Deputy shot an ex-Marine at the Clayton County courthouse annex just after 10 a.m., after an argument about talking on his cell phone in court got heated.

According to Jonesboro Police Chief Franklin Allen, Ben Johnson was in court Wednesday morning, on the third floor, for a child support issue regarding his son who lives in California.

A deputy kicked Johnson out of the courtroom for using his cell phone.

“An argument ensued and the gentlemen was escorted out of the courtroom. Once he was out of the courtroom, a confrontation occurred between the deputy and the individual,” Allen said.

VIDEO | Deputies struggle with unarmed ex-Marine at courthouse before shooting him

A struggle ensued, the chief said, when another deputy stepped in and Tased Johnson, who was unarmed—but it had no effect. The scuffle continued. And that’s when the deputy, who initially approached Johnson, pulled out his weapon and shot him, Allen confirmed.

“At some point, it is unclear if the individual was reaching for the officer's gun or if the officer reacted instinctively and drew his weapon firing one shot, striking the individual in the right rear buttocks.”

He was taken to and is being treated at Atlanta Medical Center in Fulton County, Ga. The deputy is being detained at this time and the crime scene is being secured the GBI, Allen confirmed.

“The gentleman was not in sheriff department custody—he was not under arrest,” Allen said.

Ben’s father Lenorris Johnson, said there had been no issues with son in the past.

“He's never been locked up,” Lenorris said. “I feel bad.”

At this time, it’s not clear, Allen said, whether or not the man knew that he was under arrest. It also has not been determined if the man reached for the deputy’s gun or if the deputy fired his gun as an instinct.

Witnesses from inside the courtroom spoke to 11Alive's Ron Jones at the scene and described the tense moments.

The Georgia Bureau of Investigation have been requested to assist by the Jonesboro Police Department and the Clayton County Sheriff's Department and will lead the investigation.

Photos | Clayton County court shooting

The shooting occurred in downtown Jonesboro, at 121 S. McDonough St., at the Clayton County Courthouse annex—nearby the old courthouse and a few miles from the Harold R. Banke Justice Center.

11Alive will update the story with more information as soon as we get it. A crew is on the scene.

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