VIDEO: Legal Process After MBI Investigation Is Finished

COLUMBUS, Miss. (WCBI) — The Mississippi Bureau of Investigation wrapped up the investigation into the deadly officer-involved shooting in Columbus in October 2015.

Former Columbus Police Officer Canyon Boykin fatally shot 26-year-old Ricky Ball during a traffic stop.

MBI has turned over its report to District Attorney Scott Colom, and Colom tells WCBI he will present the case to the grand jury.

Hosford Law Firm Attorney Jeff Hosford said the decision to bring the case before the grand jury comes from the District Attorney choosing whether to prosecute based on if he believes there is enough evidence that a crime was committed.

“It’s not a personal decision, it’s a decision based on the evidence and whether or not they believe they have a case that should be prosecuted under the laws of Mississippi and whether or not that individual should be indicted with the charge that he’s charged with…”, said Hosford.

Hosford also said, “”a lot of times, whether they believe its a marginal case, they’ll still present the case to the grand jury to let the grand jury decide whether or not that case should be indicted.”

“If they present the evidence and the grand jury chooses not to, or returns a no bill, which is basically they turn down the case, then the grand jury says there’s not enough evidence for the case to go forward, not the District attorney”, explained Hosford, “…that’s what people don’t realize, they think the District Attorney has all the power, he doesn’t. Ultimately, the power is in the hands of the people on the grand jury because they’re going to be presented the case and they’re going to have to decide whether to indict the case.”

Hosford explained that a grand jury is selected from people chosen for jury duty, and then “around” 21 people of jury duty selections are also chosen as grand jury members.

The grand jury decides whether to indict someone, and a petit jury decides whether someone is guilty or not guilty.

Hosford also said prosecutors must be confident in the information they have because a case using the same evidence can not be continually brought to the grand jury.

“If they’re still investigating the matter…once they present it to the grand jury, they can’t re-continually present that evidence to the grand jury without new evidence”, Hosford explained, “…that means that if they read the case and they say it looks good but we’re missing some stuff, y’all go work on this and come back to me, that means he’s not prosecuting this time, but they may do it later.

“If he presents that case that is incomplete to the grand jury and then they can’t find any new evidence later, then he can’t re-present that case.”

Columbus Mayor Robert Smith asks residents to remain patient and let the justice process play its course.

“I have the upmost trust in the judicial system and I think justice will prevail in the end”, said Smith.