District Attorney Garry Moss said Friday he did not have a Sheriff's Office report when he made a recommendation Thursday to reduce a charge against former Cobb Police Sgt. Kenneth Reda, who is accused of lying about what happened the night a fellow police officer died in a boating incident on Lake Allatoona.

Moss, who reduced a felony false statement charge to a misdemeanor and sent the case to state court for prosecution, is now considering whether to pursue a felony - "because the family and police asked me to."

"I've agreed to, in fact, have the file back from solicitor's office. I got the Sheriff's Office report today," Moss said Friday. "... So now I have their documents to review."

Moss said the decision to reduce the charge Thursday was to bring it in line with the Department of Natural Resources' recommendation that Reda, 38, of Acworth, be charged with two additional misdemeanors related to the boating incident in April. Those charges are second-degree homicide by vessel and striking a fixed object in the water, said Lt. Jay Baker, spokesman for the Cherokee Sheriff's Office. Reda was booked in to Cherokee jail Thursday afternoon on those charges and posted an $855 bond a few hours later.

There are two reports regarding the April 22 incident when Cobb Police Sgt. Brent Stephens, 35, of Douglasville, went overboard and died after police say the boat Reda was driving hit a buoy. Those reports are from DNR, which investigated because the incident happened on Lake Allatoona, and the Cherokee Sheriff's Office report, which includes more detail about alcohol being involved, said John Salter, attorney for the Stephens family.

The alcohol involvement, Salter said, is the reason why Reda should face a felony charge.

Salter said he is happy Moss has now taken the file back for further review of the Cherokee Sheriff's report.

"I would hope that before any prosecutor makes a final decision, he would give a thorough look at all the documents," Salter said. "I credit his good intentions. We all make mistakes, and we are thankful now he is aware of it and he will look at it, and keep family involved in process ... That's what we asked for several days ago."

Reda was driving his fishing boat April 22 with two passengers on board, Shelly Powell, 35, of Acworth, and Stephens. The boat collided with a buoy and Stephens fell from the boat as the three were traveling to Harbor Town Marina, off Galts Ferry Road in Acworth, after eating dinner at Props 'n Hops restaurant on Victoria Landing Drive in Woodstock. According to the autopsy from the Georgia Bureau of Investigation, Stephens suffered from blunt impact trauma, with abrasions located on his scalp, leg, forearm and wrist. Other reports note broken ribs.

Reda and Powell were arrested six days later and charged with making false statements, a felony, and misdemeanor obstruction. Reda, who resigned from the police force May 7, initially said there was nothing that would've caused Stephens to fall off the boat. Reda called 911 roughly 90 minutes after police say he hit the navigational marker and told the operator that Stephens had likely jumped off the boat. He also said it was just him and Stephens on the boat, but he later admitted in the report that he had dropped off Powell before calling 911. According to the Cherokee Sheriff's Office report, alcohol was involved and Reda admitted that he and Stephens "had a couple drinks each" before the accident; however, Reda was not given a sobriety test.

Further, while Reda initially said there was no alcohol on the boat, it was later determined that beer bottles were rounded up off the v-hull fishing vessel, put in a trash bag and given to Powell to take home with her when Reda dropped her off on shore, according to the report.

"My understanding of the law is that, when there is a fatality, you, by law, have to give a (sobriety) test," Salter said. "Which is why Reda waited (90 minutes) to call (911) and told them they were looking for a live person. And that is why he got out of a test."

Salter, of the Barnes Law Group in Marietta, said when alcohol is involved, or if it is believed that the accident was due to reckless conduct, "You have to process this as a felony."

He said if it were a civilian and not a former police sergeant, "do you think the civilian would be treated like this?"

But Reda's attorney, Marietta trial lawyer Jimmy Berry, said that since they never gave Reda a sobriety test, "They never thought there was alcohol involved."

"How are they going to prove anything without a test? If they suspected alcohol, they would have given him a test," Berry said. "If they can't prove alcohol, they have to prove reckless conduct on his part, and who's to say how fast he was going? There's nothing to show he was going too fast."

According to the Cherokee report, Reda "says they were at about throttle."

Berry said he is perplexed as to why Moss has taken the case back and is considering a felony charge.

"It's very odd ... I don't know why people are trying to press it for a felony," Berry said. "I don't know if it even qualifies for a misdemeanor. I assume if this is the direction they are going to go, we are going to have to get an expert and show what our side is."

He said his client, Reda, remains deeply upset about the entire incident.

"They were best friends," Berry said of Reda and Stephens. "They did a lot together. It was very difficult for him when the accident occurred and dealing with all that. Now, with all the bouncing around with charges, that would make most folks tore up."

Cherokee County Sheriff Roger Garrison said he doesn't understand why Moss reduced the charge and sent the case to state court in the first place.

Garrison said Reda was arrested on felony-level false statement charges "for giving erroneous information that resulted in a 23-hour delay in recovering Mr. Stephens' body." He said if the case went to state court, the punishment would be "far, far less than if the case remained in superior court."

Emergency crews searched Allatoona Lake for Stephens throughout the night of April 22. His body was found the next afternoon.

As for why Reda tried to hide the fact that Powell was on the boat, Reda states in the police report that Powell was Stephens' girlfriend, and Stephens is married. However, Reda later told case detective Lt. J. Gianfala that Stephens was not "fooling around" with Powell, who lives in the same neighborhood as Reda, and "apologized for misleading the investigation."

Stephens' father, Mike Stephens, told the Journal it was Reda who was having affairs.

Powell stated in the Cherokee Sheriff's Office report that they were all just friends, and she was also friends with the wives of Reda and Stephens.

As to all the accusations of infidelity, and whether Reda is commenting on any of it, Berry said, "Not at this point."

"And in reality, it had nothing to do with the accident," Berry said. "That's not what we are concentrating on."