Name of Accused:
Rourks, James Lee
Date of Arrest:
09/03/2024
Charges For Arrest:
Obstructing or Hindering Persons making Emergency Phone Calls
Aggravated Assault-Strangulation
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.]
[NARRATIVE on September 02, 2024
]
On 09/02/2024
at approximately 22:17 hours I, Sgt. Burchett while employed by the Adairsville Police Department was dispatched to [60 BLOCK] Barnsley Village Dr in reference to an unknown problem involving a screaming and crying female with a male in the background. Just before arriving dispatch updated that the male spoke to 911 and advised that everything was okay and ended the call.
Upon arrival I located a female sitting on the ground in a cul-de-sac infront of [60 BLOCK] Barnsley Village Dr. The female was very upset and crying hysterically. As I approached the female she began saying he has a gun, he has a gun. I asked which house and she said the house in front of her which was [60 BLOCK] Barnsley Village Dr. The female stated that “he is crazy and he just drug me out into the street.”
I asked what was going on and the female stated that “we had an argument and he’s just lost it.” I asked the female to walk away from the house in the direction of my patrol vehicle which was parked up the street for her safety. The female stated again that he has lost it and that he has a rifle. I asked again what the male was doing and the female raised a wounded right palm and stated that he dragged me into the street.
The female stated that “he put me into a headlock and then drug me into the street and tried to drag me back into the house.” I asked where the male was at now and she answered that she did not know, he was in the house. The female began explaining that they had been fighting and that she was telling her husband that she wanted a divorce. I observed an upstairs bedroom light turn off from the window. The female stated “oh god now he’s going to be even more mad.” During this time I updated dispatch and Officer Avila and Lt. Skidmore that the suspect was possibly armed with a long rifle and was still in the residence.
As the female continued explaining that she wanted it to be over and she wanted a divorce and how she never thought the male would put his hands on her I observed a white male walk out of the front door and was walking in the driveway. It appeared that the male was looking for the female who had been sitting at the end of the driveway. I asked the female if that male was her husband. The female did not reply.
As the male suspect observed me walking towards him I observed that he was currently unarmed. I asked the male to come to me and talk. The male turned around and walked back to the residence. I asked the male to come talk to me but he continued walking back to the residence. I continued closing distance until the male suspect went out of my view behind his truck and the residence wall. I raised my service weapon and held the front door of the residence at gunpoint and ed for cover.
Officer Avila arrived on scene at that time and I moved behind his patrol vehicle for cover. I called to the suspect once again with no response. Officer Avila exited his patrol vehicle with his issued patrol rifle. I updated Officer Avila of everything that had occurred up to that point. Officer Avila and I held the residence at gunpoint until other units arrived. Lt. Skidmore arrived and began speaking to the victim. Lt. Skidmore later updated that the male possibly possessed a hunting rifle that the victim had purchased for him. The suspect is a convicted felon.
Lt. Skidmore advised me to request Bartow County Sheriff’s Office assistance due to the situation. I made the request and they arrived some time later. Officer Avila and I continued covering the residence at gunpoint. I observed the suspect move to the bedroom windows, downstairs front windows, front door, and garage door. The suspect made obscene gestures at us and appeared to be taunting us. At one point the suspect came outside through the front door and made more obscene gestures while unarmed. I along with a Deputy gave verbal commands to the suspect which he ignored. The suspect walked back inside the residence and began raising and lowering the garage door before slamming it shut.
Deputies began giving loud verbal commands over a patrol vehicle loud speaker requesting the suspect to give up, stating that he was under arrest and demanding that the suspect walk out the front door unarmed with his hands up. The suspect ignored the commands and continued walking in front of various windows looking out. The suspect appeared to be on a cellphone for most of the incident.
The Bartow County Sheriff’s Office SWAT team was requested and arrived later. The SWAT team took over loud verbal commands on a Bear Cat armored SWAT vehicle. Sniper teams moved into position and breach teams moved into place. At this point the Bartow County SWAT team took command of the incident. Officer Avila and I continued to hold cover on the residence until the SWAT team moved to breach the front door.
After numerous attempts to have the suspect surrender and numerous warnings were given the SWAT team made the decision to breach the residence. With warrants in hand the order was given to fire bean bags through the back windows and then explosives were placed on the front door. Officer Avila and I moved to a position of cover and I was unable to see the breach team enter the residence. I heard five loud shots which were the bean bags entering the upstairs windows. I then hear two rapid shots front the area of the front door. The SWAT team entered the residence and placed the suspect into custody. I then heard the SWAT team request Metro EMS to respond quickly which was staged down the street.
I observed the SWAT team escorting the suspect up the street near my patrol vehicle. I then heard the suspect saying they shot me. The SWAT team member then handed me their rifles so they could start rendering aid to the suspect. The suspect asked who shot me repeatedly. The suspect was very angry and appeared to be very intoxicated. I observed a gunshot wound to the suspect’s left upper chest/shoulder area that was bleeding. I also observed a bleeding wound on the suspect’s left bicep. I returned the SWAT team members rifles to them a short time later.
Metro EMS arrived on scene and loaded the suspect into the ambulance and began treating his wounds. The suspect was turned over to the SWAT team and EMS. The suspect was then transported to the Floyd County Medical Center. Detective Daffron obtained arrest warrants for the suspect. I was advised by Captain Kellett to stop my body worn camera after EMS took custody of the suspect. I remained on scene until the GBI arrived to investigate.
I started a Crime Scene Log of all parties entering the crime scene after the entire scene was crime scene taped off. At approximately 05:30 hours I was interviewed by the GBI on a recorded interview. After the interview I remained on scene until the GBI completed their investigation of the scene. At approximately 08:00 hours the scene was released and the roadway was reopened. I turned the Crime Scene Log over to the lead GBI agent and then departed the scene without further incident.
[End of Narrative]
[NARRATIVE on September 02, 2024
]
On Monday September 2nd, 2024
, at approximately 2219 hours, I, Officer Orozco Avila with the Adairsville Police Department responded to [60 BLOCK] Barnsley Village Dr. Adairsville, Bartow County, Georgia in reference to a 911 investigation. Bartow E-911 said they received a call and could hear a female screaming in the background, they said it sounded like the female was crying and could hear a male’s voice in the background before the phone disconnected. Bartow E-911 said they called their number back; they said a male answered the phone and said everything was ok.
Upon arrival, I observed Sgt. Burchett on scene, I got out of my patrol unit with my issued rifle and staged behind my patrol unit. Sgt. Burchett advised me it was a domestic situation, and that the female told him the male had a rifle. Sgt. Burchett, advised me the male had come out of the residence, went to his truck, and went back in.
While holding my position I could observe the subject male multiple times on the top bedroom windows above the garage door, the male subject was holding his phone. I then observed the male subject exiting his front door unarmed making gestures.
Captain Kellett and Detective Daffron were both notified a brief time later and responded to the scene. The Bartow County Sheriff’s Office was asked to respond to the scene for assistance. Once Captain Kellett and Detective Daffron arrived on scene, everything was turned over to them.
[End of Narrative]
[NARRATIVE on September 02, 2024
]
At approximately 2333 hours, Monday, 2nd September 2024
, I, Detective G.A. DAFFRON, with the Adairsville Police Department was ed telephonically by Lietenant J. SKIDMORE with the Adairsville Police Department Uniform Patrol Division who advised that I was needed to respond regarding a situation which was currently active within the City Limits of Adairsville, Bartow County, Georgia.
At approximately 0000 hours, Tuesday, 3rd September 2024
, Detective G.A. DAFFRON arrived on-scene at [60 BLOCK] Barnsley Village Drive Adairsville, Bartow County, Georgia 30103, and observed that the there were numerous sworn law enforcement officer with the Bartow County Sheriff’s Office present along with the entire shift, to include Captain J. KELLETT who had already responded and arrived on-scene, with the Adairsville Police Department. The roadway was blocked off and the residence at said location was surrounded by law enforcement personnel. Detective G.A. DAFFRON subsequently met with Lieutenant J. SKIDMORE and Captain J. KELLETT who briefed Detective G.A. DAFFRON on what had transpired which led to the incident unfolding to its current state.
Detective G.A. DAFFRON was instructed to obtain Criminal Arrest Warrants charging JAMES ROURKS with (1) one count of O.C.G.A. 16-5-21(b)(3) Aggravated Assault by Strangulation and (1) one count of O.C.G.A. 16-10-24.3 Interfering with 911 Calls. Detective G.A. DAFFRON was also instructed to obtain a Warrant for the residence allowing law enforcement personnel to enter the residence and take JAMES ROURKS into custody. Prior to Detective G.A. DAFFRON leaving the scene, Detective G.A. DAFFRON spoke briefly with [VICTIM ] who was staged nearby who coorborated the basic facts of the initial incident which led to law enforcement responding to [60 BLOCK] Barnsley Village Drive Adairsville, Bartow County, Georgia 30103, which Lieutenant J. SKIDMORE and Captain J. KELLETT had provided Detective G.A. DAFFRON.
At approximately 0119 hours, Detective G.A. DAFFRON utilizing the on-line warrant system met with Bartow County Magistrate Judge DUNCAN E. LIVSEY and subsequently obtained Criminal Arrest Warrants #CE-0169149 charging JAMES ROURKS with (1) one count of O.C.G.A. 16-5-21(b)(3) Aggravated Assault by Strangulation, and #CE-0169150 charging JAMES ROURKS with (1) one count of O.C.G.A. 16-10-24.3 Interfering with 911 Calls.
At approximately 0147 hours, Detective G.A. DAFFRON utilizing the on-line warrant system met with Bartow County Magistrate Judge DUNCAN E. LIVSEY and subsequently obtained a Warrant E-Docket #E002847 for [60 BLOCK] Barnsley Village Drive Adairsville, Bartow County, Georgia 30103, to seize JAMES LEE ROURKS.
At approximately 1600 hours, Thursday, 5th September 2024
, Detective G.A. DAFFRON utilizing the on-line warrant system met with Bartow County Magistrate Judge M.A. STPHILIP and subsequently completed a Return of Warrant and Inventory pertaining to Warrant E-Docket #E002847.
At approximately 1200 hours, Friday, 6th September 2024
, Detective G.A. DAFFRON was located at [60 BLOCK] Barnsley Village Drive Adairsville, Bartow County, Georgia 30103, and met with [REDACTED]. Detective G.A. DAFFRON subsequently obtained a copy of the video surveillance footage pertaining to Monday, 2nd September 2024
, utilizing his Lorex Security Camera System. The video surveillance footage is from a camera which was located on the southwest corner of the residence which was angled northwest toward the roadway in front of [60 BLOCK] Barnsley Village Drive Adairsville, Bartow County, Georgia 30103. When viewing the video surveillance footage of the altercation which occurred between JAMES LEE ROURKS and [VICTIM ] which led to law enforcement responding to a call for service at said residence can be seen. A copy of the video surveillance footage will be attached to Detective G.A. DAFFRON’S electronic case file and will be available to the Bartow County District Attorney’s Office upon request.
[End of Narrative]
[NARRATIVE on September 02, 2024
]
On 09-02-2024
I, Captain Jason M. Kellett of the Adairsville Police Department, was ed after hours on my cell phone by Lieutenant. Justin Skidmore of the Adairsville Police Department. The time was about 2230 hours in the night. Lt. Skidmore informed me that he and other officers had responded to [60 BLOCK] Barnsley Village Drive due to a suspected domestic. The response was due to a call that had been placed to the Bartow County 911 center whereas a female was heard screaming and then the phone had been hung up. The 911 center called back and a male had answered the phone and stated “Everything’s okay” and then the phone had disconnected. Lt. Skidmore stated to me upon his arrival he had met with the victim, Mrs. [VICTIM ], and that she had made several statements to him about her husband, Mr. James Rourks. Lt. Skidmore informed me that she stated to him that her husband had damaged her car by striking it with his fist, choked her, and had taken her phone away from her. She also had told Lt. Skidmore that her husband had a “rifle” in the house.
Lt. Skidmore told me that both he and Sgt. Burchett had attempted to make with Mr. Rourks and that he had stated numerous times he would not come out and that the Police would have to tear down his door to get him. I asked Lt. Skidmore to try and get the Bartow County sheriff’s office to respond and to try to keep the house under observation in case Mr. Rourks decided to come out of the back of the house and escape, as Mrs. [VICTIM ] had made statements about being choked which would be a forcible felony criminal act. Lt. Skidmore advised me he had some county units on the way already. I told him I would get dressed and come to the scene as quickly as I could.
While on my way to the scene I called Lt. Skidmore back and asked him if the situation had improved or if Mr. Rourks had decided to come out and speak with officers. Lt. Skidmore told me that nothing had changed and that Bartow County deputies had arrived and were assisting by watching the the residence.
Once on Barnsley Village Drive I observed the cul de sac around the residence was taped off and several deputies were in place backing up and assisting Adairsville Officers. I exited my vehicle and was about to make my way up the hill when I noticed a man on his cell phone talking and watching the scene. As I was about to walk by him I heard him say something to the effect of “If you’ll just come out, everything will be okay.” I whispered to the man and asked him if he was talking to Mr. Rourks and he acknowledged he was by nodding his head yes. He also stated to me with the phone away from his face in a low voice that he was Mr. Rourks friend and was trying to help him. I asked him if he thought Mr. Rourks would talk to me, after a moment he handed me his phone.
I then made several attempts to get Mr. Rourks to come outside and talk with me. Mr. Rourks made numerous statements to me to include; “I haven’t done anything wrong so I’m not coming out.”, “If you want me, then bust the damn door down and get me.”, “I’m a convict and I’ve been to prison so I don’t even fuk with the Police!”, and “You all need to get the fuk away from the front of my house!” During this conversation I heard what sounded like typical slurred speech while Mr. Rourks was talking to me, possibly indicative of intoxication. I also noticed that even though I was barely getting a word in with Mr. Rourks, he became louder and more agitated the more he talked with me. Fearing that this attempt was only going to escalate and negatively energize Mr. Rourks I told him I would give the phone back to his buddy. His friend took the phone back and explained to me that Mr. Rourks had previously had problems with substance abuse and that he had known him for some years. I encouraged him to keep talking to him and try to get him to calm down and come out in a peaceful manner.
I then walked on up the hill and entered the scene, finding Lt. Skidmore and the victim, Mrs. [VICTIM ] standing together behind a police vehicle. I talked with Mrs. [VICTIM ] and she made numerous statements to me, including the following verbal testimony; that her husband had struck and dented her car, that she tried to walk away and he had choked her from behind and drug her to the ground, that she had called 911 while he was trying to choke her and when he saw her phone had dialed 911 he took it away from her, and that she had gotten a scrape on the top of her foot during this struggle while trying to get away from him, and also that he did have a gun in the house.
Mrs. [VICTIM ] did describe and demonstrate on Lt. Skidmore how her husband had put his arm around her neck from behind and stopped her freedom of movement. She also described the firearm he had was a “long gun” but that she was unsure if it was a rifle or shotgun. She also stated numerous times how she had had a few drinks earlier in the day and that they had been verbally fighting on and off all weekend about his time away from . She stated to me that she had went and laid down at some point in the evening and had gotten back up but she noticed all of her alcoholic beverages were then missing. I also shined my flashlight on Mrs. [VICTIM ]’s’ neck/shoulder/collarbone area and I did see several small red lines on her skin in those areas. I also noticed about a 1 inch by 1 inch deep scrape on the top of her foot that she again stated happened while she and her husband were struggling outside the .
Mrs. [VICTIM ] stated to me that she felt this all probably occurred due to her telling Mr. Rourks that she wanted a divorce. I also found it remarkable that they had only been married for just a few months and had not been living at this location for much more than two months. Mrs. [VICTIM ] also told me that her husband had done about 2 years of prison time some time back. During this interaction, Mrs. [VICTIM ] also asked me if she just changed her story now and said nothing happened would it be okay. I informed Mrs. [VICTIM ] that that would not solve anything and that she did not need to feel guilty about what her husband had did, due to him being a grown adult and making decisions on his own. I also offered more than once to have Mrs. [VICTIM ] transported away from the scene to the safety of our Police Department lobby or to even sit in a patrol car. Mrs. [VICTIM ] adamantly refused to leave the scene every time I offered this. A majority of this testimony was recorded on my body worn camera as well as Lt. Skidmore’s Body worn camera.
I now felt this situation was definitely high risk based upon the testimony that Mrs. [VICTIM ] had given to me, and as such I felt that attempting to enter the residence to arrest Mr. Rourks would be dangerous for the typical patrol officers and myself who were on the scene. I talked with one of the Bartow County deputies and was made to Major Mark Mayton of the Bartow County Sheriff’s office. I spoke with the Major Mayton and advised him of the situation I had and gave him a replay of the testimony I had heard from Mrs. [VICTIM ]. Major Mayton advised that he would activate the Bartow County SWAT and that we would need an Arrest Warrant and Warrant in case SWAT needed to actually enter the residence. I then had Det. Ginger Daffron come to the scene, speak with Mrs. [VICTIM ], and then begin working on the warrants.
A short time later Major Mayton as well as Lieutenant James Martin arrived on the scene. We again went over the facts and testimony we had available to us at that time and after some amount of time passing the warrants were completed. Major Mayton, Lieutenant Martin, and myself all reviewed the warrants before any further action took place. Also about this same time a negotiator with Bartow County Sheriff’s office worked diligently to talk with Mr. Rourks on the phone to get him to come out calmly and peacefully. A short time later I assumed a supportive role as I gave full control of the scene to Major Mayton and offered him any support I could give as they made preparations to diffuse the incident while getting custody of Mr. Rourks.
On 09-04-2024
at about 0930 hours Mrs. [VICTIM ] called the Police department admin line asking to speak with me. As we talked Mrs. [VICTIM ] began telling me that we had all lied about what she said on the scene… she denied telling us she had been choked, or that Mr. Rourks had a firearm, and basically wanted to know how to get his charges dropped. I explained to Mrs. [VICTIM ] that I was not in a position to dismiss charges and that would be between her and her husband to speak with either the D.A.’S office or the judge over the case. I also informed Mrs. [VICTIM ] to think about what she was saying as this meant she was either making false statements right now or that she had made false statements on the scene that night. Mrs. [VICTIM ] continued to get upset calling all of the officers liars and that she would never call us to her house again. Mrs. [VICTIM ] then basically informed me that she was going to hire legal representation against me and the city of Adairsville. I then basically ended the call as I told Mrs. [VICTIM ] there was not much else we had to talk about.
[End of Narrative]
[NARRATIVE on September 02, 2024
]
On Monday September 2nd, 2024
, at approximately 2217 hours, I Lt. J. Skidmore with the Adairsville Police Department responded to [60 BLOCK] Barnsley Village Dr. Adairsville, Bartow County, Georgia in reference to a 911 investigation. Bartow E-911 said they received a call and could hear a female screaming in the background, they said it sounded like the female was crying and could hear a male’s voice in the background before the phone disconnected. Bartow E-911 said they called them number back; they said a male answered the phone and said everything was ok.
Once Sgt. Burchett arrived on scene, he advised me it was a domestic situation, and that the female told him the male had a rifle. When I arrived on scene, Sgt. Burchett, advised me the male had come out of the residence, went to his truck, and went back in.
After talking with Sgt. Burchett, I made with the victim, who was later identified as Ms. [VICTIM ]. She said her and her husband, who was later identified as Mr. James Lee Rourks, had been arguing the past few days about him not ever being at . She said she and Rourks had been married a few months and that she thinks he should be more often.
[VICTIM ] said on this date, she took a nap and when she woke up her drinks were missing. She asked him about the drinks, and he said he took them. They started arguing and she ended up telling him she wanted a divorce. After telling him she wanted a divorce she said he left the residence. A little while later, [VICTIM ] said she was sitting in her vehicle in the garage on the phone with her mother when Rourks arrived back at the house. [VICTIM ] said Rourks came up to her vehicle and asked her to get off the phone, she said she continued talking to her mother until he punched her vehicle and took her phone from her. [VICTIM ] then exited the house and started walking down the road. While walking Rourks came up behind her grabbed her in a choke hold, taking her to the ground and started dragging her back towards the residence while still in a choke hold. [VICTIM ] said she called 911 and started trying to yell her address “[60 BLOCK] Barnsley Village Dr.” over and over. Rourks took her phone and flip flops from her and retreated back to the residence.
While talking with [VICTIM ], she was crying. Her face was red, and I noticed a couple marks around her collar bone and neck area. I also noticed [VICTIM ] cough a few time while talking with me, which I have noticed is a common occurance with victims of stragulation.
I had Bartow E-911 call Rourks on the phone so I could talk with him. When Rourks answered I advised him who I was and what agency I worked for. I asked Rourks if he would step outside and talk with me. Rourks told me he knew his right and that if I wanted him, I would have to break down the door before hanging up on me.
Captain Kellett and Detective Daffron were both notified a brief time later and responded to the scene. The Bartow County Sheriff’s Office was asked to respond to the scene for assistance. Once Captain Kellett and Detective Daffron arrived on scene, everything was turned over to them.
[End of Narrative]