Atlanta agrees to pay $1.5M to wrongfully accused man but keeps investigator who put him in jail on police force

An exterior photo of the Fulton County Jail. (Matthew Pearson/WABE)

Keith Sylvester, who was wrongfully accused of arson and two murders, spent 15 months behind bars at the Fulton County Jail before the Fulton County District Attorney’s Office conducted an independent investigation and later dropped his charges. (Matthew Pearson/WABE)

A man who the Atlanta Police Department wrongfully accused of arson and two murders will get a $1.5 million payout but no apology, his lawyer said.

The Atlanta City Council approved the settlement in a final round of voting on Monday.

Keith Sylvester, who maintained his innocence since his arrest in 2018, spent 15 months behind bars before the Fulton County District Attorney’s Office conducted an independent investigation and later dropped his charges.

His attorney, Zack Greenamyre, said Sylvester filed the lawsuit in federal court on his own while he was still incarcerated.

“From the moment that his mother and stepfather died, he was trying to be as helpful as possible to law enforcement and that naivety and helpfulness was used against him,” Greenamyre said.

Court records show Sylvester’s lawsuit was initially dismissed, but a federal appeals court reversed that decision earlier this year, allowing it to move forward.

The ruling was based on the judges’ understanding that Atlanta police investigator James Barnett had omitted key facts that exonerated Sylvester in his affidavit to get an arrest warrant.

Greenamyre said while Sylvester can’t get back the time he spent in jail, he’s glad his client got a small semblance of justice.

“He was scared on the inside,” Greenamyre said. “I think in his lowest moments he was suicidal. The Fulton County Jail — everyone knows — is a very difficult place.”

A spokesperson for the Atlanta Police Department said Barnett has been re-assigned to the Auto Crimes Enforcement Unit but did not comment on the settlement.

However, a spokesperson for the City of Atlanta said the agreement is not an admission of guilt.

“As always, settlements are largely impacted by a determination on the part of the city attorney that the potential monetary exposure, if we continued to litigate a case, exceeds the agreed upon settlement amount,” the spokesperson said.

“The fact that a settlement was reached, or the amount of the settlement, should not be viewed as an admission of liability. This outcome is consistent with resolutions in this and other jurisdictions in recent years,” the spokesperson added.

As for the couple’s murder, authorities indicted another man, Cornelius Muckle, in 2021. His trial is set to start on Oct. 3.