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Home Defense & No-Knock Warrants

Mephisto

Philosopher
Mephisto
Joined
Apr 10, 2005
Messages
6,064
Anyone remember the story of the elderly lady who was shot and killed by police after she wounded three police officers as they served a "no-knock" warrant? Well, three of those officers were indicted today for their part in the killing of the innocent 88 year old woman - two on felony murder charges.

Atlanta police officers charged in killing of woman, 88

POSTED: 1:42 p.m. EDT, April 26, 2007

TLANTA, Georgia (CNN) -- Three Atlanta, Georgia, police officers were indicted Thursday -- two on felony murder charges -- in the shooting death of an elderly woman during a botched drug raid on Thanksgiving eve.

Fulton County Superior Court documents show Officer Gregg Junnier was indicted by a local grand jury on charges of three counts of felony murder, two counts of burglary and one count of aggravated assault with a deadly weapon.

Officer Jason Smith was charged with four counts of felony murder, two counts of false statements, two counts of burglary and one count of aggravated assault with a deadly weapon, according to the indictments.

Junnier, who retired from the force after the shooting, and Smith are expected to enter into a plea bargain agreement when they appear in court Thursday afternoon, an attorney for one of the men said.

Officer Arthur Tesler has been charged with making false statements and false imprisonment, the documents show. His attorney has said Tesler, who had been on the force only eight months, will fight the charges.

http://www.cnn.com/2007/LAW/04/26/atlanta.indictments/index.html
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Apparently, the tactic whereby police officers stream into a home one after another allowed her to wound three of them before they killed her. I wonder if their tactics will be reviewed and whether more substantial proof of imminent danger will be more carefully reviewed before "no-knock" warrants are issued.

(edited to add) I remember this statement when the story first broke;

Neighbors and relatives said the raid had to have been a mistake. Johnston lived alone and was so afraid of crime in the neighborhood that she wouldn't let neighbors who delivered groceries for her come in, they said.
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If I remember correctly, there was also a wheelchair ramp and handrail outside the home. Why couldn't these policemen have checked with the neighbors and other witnesses before charging into the home?

I hope they rot too!
 
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Their excuse for delivering the no-knock warrant with a heavily armed group is likely that they suspected multiple, armed suspects inside.

If this is what an 88 year old disabled woman with an old gun could do to them, what would have happened HAD there been multiple, young and heavily-armed drug pushers inside? They might have had the law on their side in that instance, but they'd all be dead for sure.
 
More victims of this inane war on drugs.

If cops (only a few) aren't getting corrupt being paid off by rich dealers and drug mafia's, they're covering their butts in botched raids for illegal drugs.

Charlie (don't get me started on confiscation) Monoxide
 
"When they kick down your front door....How you gonna come?
With your hands on your head or on the trigger of your gun?"

-Guns of Brixton, "The Clash"
 
Mephisto said:
Their excuse for delivering the no-knock warrant with a heavily armed group is likely that they suspected multiple, armed suspects inside.

If this is what an 88 year old disabled woman with an old gun could do to them, what would have happened HAD there been multiple, young and heavily-armed drug pushers inside? They might have had the law on their side in that instance, but they'd all be dead for sure.
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I remember hearing about this and thought, "Wow. Was she sitting in her home with her gun in her lap?" From how it sounds, that just may well have been the case. Sad that she lived in such fear.

And you have a point, Mephisto.
 
Mephisto said:
Their excuse for delivering the no-knock warrant with a heavily armed group is likely that they suspected multiple, armed suspects inside.
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Their excuse, and the source of their excuses, has changed repeatedly since the murder occurred.
 
Katana said:
I remember hearing about this and thought, "Wow. Was she sitting in her home with her gun in her lap?" From how it sounds, that just may well have been the case. Sad that she lived in such fear.

And you have a point, Mephisto.
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Given where she lived, she probably had her gun right next to her at all times.

On another note, how can one person be charged with four counts of felony murder if they killed one person?
 
Ha, I totally remember this! I never thought that things would go this far... But it is so awesome that they did :D !

Yay for civil rights :D !

But poor old lady :( ...
 
Phillybee said:
Given where she lived, she probably had her gun right next to her at all times.

On another note, how can one person be charged with four counts of felony murder if they killed one person?
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I didn't notice that (that does seem odd), but I was wondering about the burglary charges - or is that connected to the phoney basis for the search warrant (meaning that it became a breaking & entering thing)?
 
drkitten said:
Four different felonies?
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Perhaps there are four different ways it could be considered a murder, even if only one may legally be the conviction later. Like lying, which lead to the death, or charging in and shooting, which lead to the death, etc.
 
"It's very egregious. I agree what they did was wrong, it was not appropriate. An innocent person was killed as a result of it. That's not indicative of our department. What would make police officers make up a story, lie about a senior citizen, plant drugs on a senior citizen? That's the thing I have been waiting on for the last five months. There's no rhyme and reason why these officers did what they did."
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:eek:

10 years isn't long enough.
 
Overman said:
"When they kick down your front door....How you gonna come?
With your hands on your head or on the trigger of your gun?"

-Guns of Brixton, "The Clash"
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That would be pistols - and of calibers that say "hi" to the nice vest as they pass right through it (.44 up does that to police level vests).. Lest anyone misinterpret this - I have no desire to shoot police or otherwise do them harm- I appreciate the work they do and they mostly do it well. But, by the same token they have messed up in the past and I do not plan to be the victim of a mess-up*. Anyone stupid enough not to be excessively certain and completely clear that the target is a functional target and the situation is completely certain is an idiot and should never have been on a decent police force.




*plus I have this weird rule that I will try really hard to take my murderer(s) with me if that is how I go.
 
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The legal underpinnings of obtaining and executing search warrants tends to be complex and ever-changing. Also department policies are not consistent across the country.
In order to obtain a search warrant, the police must present sufficient evidence to a judge (normally a magistrate-level judge) as to the presence of criminal activity, the presence of the instrumentalities of a crime, or of evidence pertaining to a crime already committed.
This evidence must be sufficient to establish probable cause. It might consist of direct observation, stakeout, wiretap, informant information, etc.
The criminal history (if any) of the suspected residents or others present may be taken into account.

If the search warrant is issued, the decision as to make a "no-knock" entry is normally based on these criteria, or possibly due to the exigences of the tactical situation the officers encounter. For instance, on arrival officers hear evidence of a crime in progress inside the building, and feel they have cause to believe that someone is being killed.... Something like that.
There may be past history of the individuals involved being heavily armed, or of trying to destroy evidence.
Drug dealers and distributors have been known to set up elaborate devices to destroy evidence in case of a raid.

These are general principals only, and they are constantly being revised by court decision and subsequently by departmental policy.
 
Another update.

What started with a few bags of marijuana being planted near a suspected street dealer quickly spiraled out of control. Narcotics officers lied to a judge, illegally broke into 92-year-old Kathryn Johnston's house, fired 39 shots at her — and then one handcuffed her as she lay bleeding before he planted drugs in her basement.
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The "armed gang" were the ones who broke into this woman's house, murdered her, and tried to frame her for a crime she didn't commit.

The fact that these men--and I use the term very, very loosely--had badges makes the crime even more deplorable.
 
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