A man from Floyd County, Joshua Cain Storey, who was released from prison last year after spending 26 years in prison for a crime didn’t commit, claims that police not only made-up false evidence but also hid evidence that could have cleared him. Storey has filed a lawsuit alleging that his rights were violated during the investigation into the death of Brian Bowling on October 18, 1996.
Storey’s original complaint, submitted in December to the U.S. District Court in Rome, argues that investigators ignored evidence showing the shooting was an accident and instead pushed a theory that it was a revenge murder. Storey, who was 17 at the time, only confessed after a lengthy interrogation without a lawyer or parent present, based on promises from police that he could go free if he admitted to the shooting.
The lead investigator, Harry Dallas Battle, was fired in 2007 after being accused of rape and later jailed for misconduct while working for a different sheriff’s office. He passed away in 2021. Another investigator named in the lawsuit, David Stewart, is still with the Floyd County Sheriff’s Office.
The lawsuit states that Battle and Stewart created a motive suggesting that Bowling’s death was punishment for informing on Storey and his friend, Darrell Clark, who they claimed were part of a gang. Battle was also involved with Bowling’s aunt, a key witness, but did not disclose this to prosecutors.
The lawsuit further accuses Craig Burnes, the county coroner, of fabricating evidence about Bowling’s death. Burnes did not conduct an autopsy or consult medical professionals but charged the Bowling family for services that were never performed. He was later convicted of fraud and other crimes.
Storey and Clark were convicted in 1998 based on what the lawsuit calls fabricated evidence. In 2021, the Proof podcasts revisited the case, prompting the Floyd County District Attorney’s Office to drop murder charges against them, leading to their release.
In 2022, Storey pleaded guilty to involuntary manslaughter under Georgia’s First Offender Act, which allows a maximum of 10 years in prison. Storey apologized to Bowling’s family, admitting he brought a revolver to Bowling’s home, leading to a game of “Russian roulette” that resulted in Bowling’s death.
Clark, who was linked to the crime through coerced testimony from a person with developmental disabilities, is seeking compensation from the Georgia General Assembly. The lawsuit claims that systemic failures in county policies contributed to the violations of Storey’s civil rights, stating that a lack of training for detectives and the coroner led to these constitutional violations.
RNT Contributed to this story
