UPDATE: Grovetown Police determine there was no illegal home ent - WFXG FOX54 Augusta - Your News One Hour Earlier

UPDATE: Grovetown Police determine no wrongdoing during gun seizure

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GROVETOWN, GA (WFXG) -

Grovetown Police Chief Gary Owens says they have determined that Officer Robert Eastman did not enter a Grovetown home illegally.

They began investigating the home entry after a BB gun was seized from Mckenzie Ussery's Railroad Avenue apartment.

Owens says he spoke with witnesses and determined that Officer Eastman did not need a search warrant because Ussery brought the gun to the officers.

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On Mckenzie Ussery's first day in his Grovetown apartment he was firing at a McDonald's cup for target practice. But pulling the trigger of his BB gun had some unintended consequences.

Grovetown Department of Public Safety Police Chief Gary Ownes said, "The school was put on lock down and the officers responded."

Because he was new to the area, Ussery didn't realize the Columbia County Alternative School was less than 100 yards away.

He also didn't know shooting his BB gun violated city ordinance 11-6 which prohibits shooting air rifles, air pistols and BB guns within city limits.

"The seals were busted, it won't even hold any air, it's 11 years old, I wasn't even aware it was considered a firearm," Ussery, said.

Officers took the gun; but now the Department of Public Safety is investigating an entirely different issue, how the gun was seized. 

Ussery claims he opened the door of his apartment to get the gun for the officers. When he was inside he tried to shut the door behind him but he says Officer Robert Eastman forced the door open and walked with him through his apartment without a warrant and without his permission.

We asked Police Chief Gary Owens about the officer home entry; he says our questions have prompted them to begin an internal investigation.

"You just brought this to my attention a few minutes ago that the individual has made a statement that the officer has made an illegal entry into the home. Obviously as the chief I'm going to ask the officer for more details of his investigation," said Owens.

We also asked Columbia County Captain Steve Morris about the entry; he says it is illegal for officers to enter a home without permission or without a warrant.

Ussery is waiting for the results of the investigation and says he can't believe what has happened since he pulled the trigger. 

"I felt like a hardened criminal and it was only a little BB gun in my backyard," Ussery, said.

Ussery tells Fox54 he plans to file a complaint for the home entry.

He was also given a $291 ticket for shooting his BB gun and he's required to appear in Grovetown Municipal Court in two weeks.

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