Drug raid cops shoot 92-year-old woman, face murder charges (Merged)[Updated 4/29/07]

[panic in paradise]

^ bookmarked.

 

[Blacksoulman]

Many respectable peace officers can be found in san francisco and other regions in cali. The city hasnt fallen to pieces and i felt very safe there.

..dont move to cali though. we are all full.

 

[Spoone]

she shot first.

and just cause they didnt identify themselves as police right away doesnt mean she has the right to shoot someone; this isnt texas ya know.

basically she shot first and not in true self defense if this goes to court.

maybe in texas, but GA is fairly liberal. u cant just shot someone on your property.

also if this goes to court, the cops will all band together with a defense team and method in which they will claim they did in fact, verbally identify themselves as police before the shooting began...consider the fact that the only other witness is dead.

like i said im not sure of any law/policy where police are NOT allowed to fire in self-defense, identified our not.

if the victim had been a young black male, this wouldnt have even made the local news.

this is bullshit, admit.

and im looking at this from a jury stand point too

she as an old woman in a high crime neighbourhood, course shes gonna keep the gun at hand, especially at night time. And when 3 strange men burst through the fucking door, you ain't exactly gonna ask who they are, you're gonna pop off some shots. She was an old woman, its not like she could run away or attempt to fight them off!!!

the cops weren't in uniform, they didn't give any warning, and they did it at night? wtf was she meant to do? for all she knew they were a bunch of rapists or robbers.

 

[Pathogen]

it was not the police's fault. the woman shot at them, therefore they had the right to defend themselves by shooting back. and, the cops had jacets that plainly said "police" or something in yellow letters on the back.

while it is unfortunate, the police are not to blame.

 

[9mmCensor]

it was not the police's fault. the woman shot at them, therefore they had the right to defend themselves by shooting back. and, the cops had jacets that plainly said "police" or something in yellow letters on the back.

while it is unfortunate, the police are not to blame.

Did the bust through the door backwards?

 

[StagnantReaction]

it was not the police's fault. the woman shot at them, therefore they had the right to defend themselves by shooting back. and, the cops had jacets that plainly said "police" or something in yellow letters on the back.

while it is unfortunate, the police are not to blame.

No, it was a silent entry, and they were undercover. They probably looked exactly like burglers.

IMO they probably could have took cover and yelled "POLICE" to avoid killing her..

 

[Pathogen]

It is unfortunate, but nonetheless......

SHE SHOT AT POLICE.

Of course they are going to return fire.

 

[rm-rf]

whole thing is really sad. of course they killed a poor, lower class person so this isnt going to get a whole lot of attention. glad to see it made cnn headlines at least. i hope this gets looked into much deeper, and while id be apt to suspect corrupt/poorly trained cops, there doesnt look like any real hard evidence to prove what happened yet.

Every 88-year-old grandma I know carries heat at all times in their homes.

im guessing you arent from the south? i think my 95+ year old great aunt is packin a double barrel.

 

[mooncaller]

It boggles my mind that anyone would defend guys who bust into an old ladys house at night waving fucking AR15's around.

yes, she shot at police, something that would have been entirely avoided by doing 24-48 hours of goddamn survaillence on the house.

Now an old lady who did nothing wrong is dead because the cops are to fucking lazy to actually really investigate a lead and would rather kick down doors with guns drawn and then see what they find.

This is not defensible behaviour, the police do not deserve a pedistool, THEY BROKE IN UNANNOUNCED IN THE MIDDLE OF THE NIGHT.

 

[mooncaller]

We have night vision, thermal imaging, wire tapping, high powered telescopes and cameras, listening devices that can hear a whisper in a room from hundreds of feet away by being pointed at a window, and with all this high powered eqipment they didnt even bother to post up a motherfucker with a pair of binoculars to watch the damn house for a day.

THEY BROKE INTO THIS LADYS HOUSE ON HEAR-SAY.

Hell, not even hear-say. The "informant" cited says it's all a bunch of bullshit.

Let me assure you guys that the cops already hold ALL the advantages in prosecuting us. They have money and equipment and "rights" far above and beyond ours. We don't need to excuse them busting into our houses in the middle of the night with machine guns. Given the cards they already hold these gestapo tactics are unwarrented. We don't need to let them buy the lives of our friends and loved ones with excuses and settlement payments.

 

[lurkerguy]

Exactly, that part of it is really scary.

The judge who signed off on this based on the word of a snitch alone should step down at least.

 

[9mmCensor]

Exactly, that part of it is really scary.

The judge who signed off on this based on the word of a snitch alone should step down at least.

If you had a sweet job like being a Judge do you think you would step down for making a mistake?

 

[djfriendly]

Officers plead guilty to manslaughter, other charges

Two of the policemen involved in this debacle have pleaded guilty to manslaughter, and the third is still facing charges.

http://presszoom.com/story_130341.html

Three Atlanta Police Officers Charged in Fatal Shooting of Elderly Atlanta Woman

ATLANTA - Two Atlanta Police Department (APD) officers pleaded guilty today to state and federal charges related to the fatal police shooting of Kathryn Johnston, a 92-year-old woman, in her Atlanta home during the execution of a search warrant in November 2006. A third officer was indicted yesterday by a Fulton County grand jury on charges related to the death of Ms. Johnston.

(PressZoom) - ATLANTA - Two Atlanta Police Department ( APD ) officers pleaded guilty today to state and federal charges related to the fatal police shooting of Kathryn Johnston, a 92-year-old woman, in her Atlanta home during the execution of a search warrant in November 2006. A third officer was indicted yesterday by a Fulton County grand jury on charges related to the death of Ms. Johnston. The pleas and indictment are the result of a joint investigation conducted by the Federal Bureau of Investigation ( FBI ) and the Georgia Bureau of Investigation, and overseen by the Fulton County District Attorney’s Office, the U.S. Attorney’s Office for the Northern District of Georgia, and the Justice Department’s Civil Rights Division.

Officer Gregg Junnier, of Woodstock, Ga., and Officer Jason R. Smith, of Oxford, Ga., pleaded guilty in state court to voluntary manslaughter, violation of oath by a public officer, criminal solicitation and false statements, and in federal court to a civil rights conspiracy violation that resulted in the death of Ms. Johnston. Smith also pleaded guilty in state court to one count of perjury.

The third officer, Arthur Tesler, of Acworth, Ga., was indicted on state charges of false statements, violation of oath of office by a public officer, and false imprisonment.

“Any act of police misconduct threatens to undermine public trust in the worthy goals of law enforcement,” said Attorney General Alberto R. Gonzales. “The overwhelming majority of law enforcement officials – men and women of strong integrity who risk their lives to protect ours – perform their essential duties with dignity and professionalism. We cannot allow misconduct of this nature to undermine the good work of so many others. I commend the dedicated efforts of the U.S. Attorney’s Office and the Civil Rights Division for working collaboratively with the District Attorney’s Office to prosecute these egregious wrongs, and the excellent investigative work done by the FBI, the Georgia Bureau of Investigation and investigators of the Fulton County District Attorney’s Office.”

“The killing of Kathryn Johnston by Atlanta police officers was a horrible and unnecessary tragedy,” said David E. Nahmias. “While the police officers involved were attempting to rid the streets of drug dealers, their means toward that end violated their oath, the Constitution, and the civil rights of the citizens they are sworn to protect, and it was inevitable that one day someone would get seriously hurt. This conduct demands accountability. Beyond holding the officers responsible for their crimes, however, Ms. Johnston’s family has made clear that they want some good to come out of her death. We are committed to working with the FBI to find out just how wide the culture of misconduct that led to this tragedy extends within APD and to bring any other officers who have violated the law to justice.”

Fulton County District Attorney Paul Howard called the shooting of Ms. Johnston, “one of the most horrific tragedies to occur in our community. Moreover, our investigation showed that many of the practices that led to her death were common occurrences in this unit of the Atlanta Police Department. Cooperation between federal, state, county and local authorities has resulted in an unprecedented and swift dispensation of justice. When this terrible crime occurred—and that’s what it was, a crime—we promised the Johnston family and our community that we would get to the bottom of this and let the chips fall where they may. These charges and sentences represent a fulfillment of that pledge. And we will continue to keep this commitment to all of our citizens.”

FBI Special Agent in Charge Gregory Jones said, “A few days following the police shooting and death of Kathryn Johnston, we promised to conduct a thorough and swift investigation. The conduct of these police officers is both troubling and deplorable. As law enforcement officers we take an oath to uphold the law and to protect the innocent. These officers chose to break the law and in doing so, they took the life of an innocent elderly woman. Although the Kathryn Johnston homicide is essentially solved, the FBI will continue to pursue additional allegations of corruption and violations of civil rights as we have learned through this investigation that other Atlanta Police officers may have engaged in similar misconduct.” Jones also commended Atlanta Police Chief Richard Pennington for “having the courage to refer this case outside of his department and for taking action to implement changes to police training and procedures as direct result of this investigation.”

Vernon Kennan, Director, Georgia Bureau of Investigation, said, “Investigations into police use of force are priority cases for the Georgia Bureau of Investigation. The community deserves a full accounting of the actions of police that result in serious injury or death.”

According to the information presented in court today, Junnier and Smith on several occasions while working as APD narcotics officers, made false statements in sworn affidavits to state magistrate judges in order to obtain “no knock” search warrants for residences and other locations where the officers believed illegal drugs would be found.

On the afternoon of Nov. 21, 2006, Smith, Junnier and Tesler executed a “no knock” search warrant at the home of Kathryn Johnston, knowing that the warrant had been obtained on the basis of false information that Smith had presented to a magistrate judge to procure the warrant. The victim, who was the only occupant of the house, fired through the door a single .38 caliber shot, which hit no one. Junnier, Smith and four other officers returned fire, hitting the victim with five or six shots, one of which was fatal.

Officers searched the home after the shooting, but found no drugs. Smith then planted in the basement of the house three baggies of marijuana that the officers had seized elsewhere earlier that day. Tesler then filed a false APD incident report stating that a purchase of crack had been made at Johnston’s home earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street, the home of the victim. The defendants also met to fabricate a story, which they later recounted to APD homicide investigators, falsely justifying the events leading to the shooting of Kathryn Johnston.

Junnier and Smith have resigned their positions with the APD and Tesler is on paid administrative leave.

Assistant District Attorneys Sheila Ross, Shukura L. Ingram and Peter Johnson; Assistant U.S. Attorneys Yonette Buchanan and Jon-Peter Kelly; and Special Litigation Counsel Paige M. Fitzgerald, of the Civil Rights Division, are prosecuting the case.

 

[garuda]

i can understand HAVING a gun, but why did she have a revolver on her person??

certainly an 88 year old lady dont carry heat around everywehre they go unless they are expecting problems(ie. her son/grandson stole someones crack or got in debt).

Just recently I saw a news story about a elderly woman who depends on a walker in the age range of 80s-90s, who was a former beauty pageant winner in the 1940s.(that should help you find the story if curious) She was on the street when a man attempted to mug her and she defended herself with a revolver, people approved greatly. So don't go assuming anything because someone uses their second amendment rights to defend themselves.

Second what would you do if you had a firearm and a bunch of plain clothes men busted into your residence at night? The woman can't be faulted for a common sense reaction.

 

[erosion]

CHAIN OF LIES LED TO BOTCHED RAID
AIC
April 29, 2007

Feds Detail Woman's Death, Officers' Plea

According to federal documents released Thursday, these are the events that led to Kathryn Johnston's death and the steps the officers took to cover their tracks.

Three narcotics agents were trolling the streets near the Bluffs in northwest Atlanta, a known market for drugs, midday on the Tuesday before Thanksgiving.

Eventually they set their sights on some apartments on Lanier Street, usually fertile when narcotics agents are looking for arrests and seizures.

Gregg Junnier and another narcotics officer went inside the apartments around 2 p.m. while Jason Smith checked the woods. Smith found dozens of bags of marijuana -- in baggies that were clear, blue or various other colors and packaged to sell. With no one connected to the pot, Smith stashed the bags in the trunk of the patrol car. A use was found for Smith's stash 90 minutes later: A phone tip led the three officers to a man in a "gold-colored jacket" who might be dealing. The man, identified as X in the documents but known as Fabian Sheats, spotted the cops and put something in his mouth. They found no drugs on Sheats, but came up with a use for the pot they found earlier.

They wanted information or they would arrest Sheats for dealing.

While Junnier called for a drug-sniffing dog, Smith planted some bags under a rock, which the K-9 unit found.

But if Sheats gave them something, he could walk.

Sheats pointed out 933 Neal St., the home of 92-year-old Kathryn Johnston. That, he claimed, is where he spotted a kilogram of cocaine when he was there to buy crack from a man named "Sam."

They needed someone to go inside, but Sheats would not do for their purposes because he was not a certified confidential informant.

So about 5:05 p.m. they reached out by telephone to Alex White to make an undercover buy for them. They had experience with White and he had proved to be a reliable snitch.

But White had no transportation and could not help.

Still, Smith, Junnier and the other officer, Arthur Tesler, according to the state's case, ran with the information. They fabricated all the right answers to persuade a magistrate to give them a no-knock search warrant.

By 6 p.m., they had the legal document they needed to break into Kathryn Johnston's house, and within 40 minutes they were prying off the burglar bars and using a ram to burst through the elderly woman's front door. It took about two minutes to get inside, which gave Johnston time to retrieve her rusty .38 revolver.

Tesler was at the back door when Junnier, Smith and the other narcotics officers crashed through the front.

Johnston got off one shot, the bullet missing her target and hitting a porch roof. The three narcotics officers answered with 39 bullets.

Five or six bullets hit the terrified woman. Authorities never figured out who fired the fatal bullet, the one that hit Johnston in the chest. Some pieces of the other bullets -- friendly fire -- hit Junnier and two other cops.

The officers handcuffed the mortally wounded woman and searched the house.

There was no Sam.

There were no drugs.

There were no cameras that the officers had claimed was the reason for the no-knock warrant.

Just Johnston, handcuffed and bleeding on her living room floor.

That is when the officers took it to another level. Three baggies of marijuana were retrieved from the trunk of the car and planted in Johnston's basement. The rest of the pot from the trunk was dropped down a sewage drain and disappeared.

The three began getting their stories straight.

The next day, one of them, allegedly Tesler, completed the required incident report in which he wrote that the officers went to the house because their informant had bought crack at the Neal Street address. And Smith turned in two bags of crack to support that claim.

They plotted how they would cover up the lie.

They tried to line up one of their regular informants, Alex White, the reliable snitch with the unreliable transportation.

The officers' story would be that they met with White at an abandoned carwash Nov. 21 and gave him $50 to make the buy from Neal Street.

To add credibility to their story, they actually paid White his usual $30 fee for information and explained to him how he was to say the scenario played out if asked. An unidentified store owner kicked in another $100 to entice White to go along with the play.

The three cops spoke several times, assuring each other of the story they would tell.

But Junnier was the first to break.

On Dec. 11, three weeks after the shooting, Junnier told the FBI it was all a lie.

Link

 

[Trogdor]

Wow, a brilliant expose on police misconduct backed by the credibility of the FBI! I smell a way to establish reasonable doubt in court that evidence seized by authorities may have in fact been unlawfully planted - remember kids, if it can happen in Georgia, it can happen in <insert your location here>!

 

[gloggawogga]

Now they need to go through every case that these cops worked on that led to a conviction and re-investigate it. I'm sure the lawers of the lucky few to have a lawer of the people whom these cops have convicted by their testimony are thinking the same thing. There are probably some rotting in prison right now who need to be acquited and hopefully they will be. What a fucking shame.

 

[phr]

What horrible people. I hope they rot in jail.

 

[Jackal]

Johnston got off one shot, the bullet missing her target and hitting a porch roof. The three narcotics officers answered with 39 bullets.

These cops have been watching too many reruns of "The Shield"

I hereby bet that they all get less than 5 years inside time.