Name of Accused:
Kolowitz, Rosa Leah
Date of Arrest:
07/02/2024
Charges For Arrest:
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
Aggravated Assault, Gun
Reckless Conduct
Aggravated Stalking, Gun
Possess Firearm / Knife During Commission Of Felony
Possession Of Firearm By Convicted Felon
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 07/02/2024, I responded to [600 BLOCK] Peachtree Street, Apt [REDACTED], in reference to a shooting that had taken place. I was advised that a possible domestic, involving Rosa Kolowitz and Shylo Bateman had occurred. Witnesses had also stated that Rosa and Shylo were arguing when Rosa shot at Shylo with a handgun.
Upon arrival I spoke to Sgt Lowery, who was already on scene. Sgt. Lowery advised that Det Simpson was obtaining a search warrant and the apartment had been secured. Rosa was inside the residence, with her 5 children, along with officers. I was advised that Shylo could not be located and was last seen running from Rosa, toward Stone Street, while carrying a dog. When I arrived I had observed several individuals standing outside. I began speaking to any potential witnesses who may have observed anything during the incident above.
I first spoke to [WITNESS #1] who lives in the apartments closest to Rosa’s apartment building. [WITNESS #1] said that she heard a gun shot, but did not observe the incident itself. [WITNESS #1] said that she did observe a black male running from Rosa’s apartment area toward Stone Street carrying a dog. [WITNESS #1] said that she did not personally know Rosa but she knew who she was from her kids. She stated that we needed to speak to the apartment’s maintenance man, who was yelling at her and the kids to get inside after the gun shot was heard. [WITNESS #1] said that her friend’s son actually saw the incident if I wanted to speak to him. I asked [WITNESS #1] where he was and she pointed toward [600 BLOCK] Stone Street, where I could see several individuals standing outside.
I went to [600 BLOCK] Stone Street and spoke to WITNESS #2 and his dad, [REDACTED]. I asked [REDACTED] if I could speak to [WITNESS #2] about what he observed. [REDACTED] stated that I could. I asked [WITNESS #2] to tell me everything he had observed. [WITNESS #2] stated that he observed the female that lives in the apartment where the shooting occurred, point a gun at a male running from the apartment. [WITNESS #2] said that the female appeared to be pointing the gun downward and shot one time. [WITNESS #2] said that the male running had a dog and was wearing all black.
I spoke to [WITNESS #3] as well at [600 BLOCK] Stone Street. [WITNESS #3] stated that she heard a gun shot and a male running with a dog as well, but she did not observe anything else. The description of what happened was consistent to what the others had told me.
I went to the parking area in front of [600 BLOCK] Peachtree Street, Apt [REDACTED], and Sgt Lowery pointed out a shell casing on the concrete in front of the apartment. The shell casing was silver and I was told it was a .40 caliber. I went inside apartment [REDACTED] and spoke to Rosa Kolowitz after her miranda rights were read by Officer Fraire. Rosa had agreed to speak to me having her rights in mind. Rosa stated that she had only shot a BB gun at Shylo. Rosa stated that Shylo sometimes stays with her and sometimes does not, but he does not live there.
She stated that today he came to her apartment and they had been arguing. Rosa stated that Shylo came to her bedroom window because it can be easily raised open. She stated that Shylo raised the window. Rosa said again that she only shot a BB gun at Shylo and she did not have a real gun. Rosa also stated that this incident occurred over an hour before we arrived, meaning the police. She stated that Shylo came back after the incident, and she and his neighbor friend were in the parking lot talking. I asked Rosa if there was a gun in the residence and she said there was not, unless Shylo had one she did not know about. I asked Rosa why Shylo would have a gun there she didn’t know about if he did not live there. Rosa stated, “well he sometimes does”.
Rosa seemed very agitated and argumentive when confronted with what witnesses observed. Rosa said that my witnesses must have changed their stories from what really happened, which was her version. I also noted the five children in the apartment. The residence was very dirty, clothing and shoes stacked in baskets and garbage bags in the living room, and I could see a large amount of animal feces on a mattress in one of the bedrooms that was visible from the living room. Rosa stated that she contacted her mother, [REDACTED], to come to the residence to help with the children. I noted that only one of the five children, [JUVENILE #1], was wearing clothing. The others were only wearing diapers that seemed to be ready for changing.
I went outside the residence when Ms [REDACTED] arrived. I advised Ms [REDACTED] that we needed her to take or watch the children while we executed the search warrant. Ms [REDACTED] said that she could and had to leave work to come to us. Det Murray had contacted DFACS and I was advised to assess if Ms [REDACTED] would be a person to safely turn the children over to. Rosa was soon placed under arrest due to a warrant she had for probation violation. Rosa was escorted to WCSO and Ms [REDACTED] was allowed inside to help get the children ready. While standing in the living room, we attempted to assist Ms [REDACTED] and the children in finding shoes and clothes for each child.
[JUVENILE #1], the oldest child, began going through the baskets and bags, along with the other children to find items that fit them. Two of the children went into the bathroom and changed their diapers themselves while we looked for shoes and clothing. We were unable to find shoes for some of the children, and one child eventually put on two different shoes because we could not find a matched pair. After the children were somewhat clothed and found shoes, we escorted Ms [REDACTED] and the children outside the apartment so we could execute the search warrant. I was also advised that officers had located a bullet fragment at the apartment next door, which is the direction Shylo was running when Rosa shot at him, according to witnesses.
Det Simpson first took overall photo’s of the residence prior to us searching. The house was very dirty and garbage seemed to be everywhere. There was animal feces that totally covered the bottom mattress of a bunk bed in one of the two bedrooms. I also observed children’s toys in the same bedroom and was unsure where any of the children actually slept. There were two baby beds in Rosa’s bedroom, but they were both filled with items, clothing, and garbage. I also noted that every time I moved a large item of furniture, or object, roaches would scatter everywhere. I searched Rosa’s bedroom and did not find any items of evidence.
I checked the bedroom windown that Rosa said was easily opened from the outside, and it was latched on both sides at the top of the window. I was uable to open the window with the latches in place. The only guns in the bedroom were obviously toy guns and none looked to function or have all the parts to them to function. I also noted that every room in the apartment had a camera up near the ceiling, overlooking each room. There did not appear to be a “hard drive” for the cameras and maybe only viewable from an app. Officer hill soon advised that he had located a glock .40 caliber handgun in the bathroom. Det Simpson took photos and collected the handgun. Det Simpson handled all items of evidence and placed them into property and evidence this date.
I later found that Rosa had an active TPO against her and was not supposed to be around Shylo. I located the TPO when checking Rosa through GCIC/NCIC. Rosa was also on felony probation under first offender. I later charged Rosa with the following charges on warrantless arrest number 66339;
5 Cts cruelty to children in the 3rd degree 16-5-70d
Aggravated assault 16-5-21
Reckless conduct 16-5-60
Aggravated stalking 16-5-91
Possession of a firearm by a convicted felon 16-11-131
Possession of a firearm during certain crimes 16-11-106
I will be sending a copy of this report to DFACS due to this incident and the condition of the residence the children were living in. Shylo Bateman has not been located, so I have not spoken to him. GCIC/NCIC shows a warrant for his arrest as well.
[End of Narrative]