When Police Use Poor Judgement Innocent Lives Are Lost
A grand jury indicted three current and former Atlanta police officers in the shooting death of a 92-year-old woman during a drug raid, according to the document late this afternoon.
In Atlanta, plainclothes police officers with a no-knock warrant raided Kathryn Johnston's home last November, after an informant said he had bought drugs there, according to police. When the men burst in without warning, Johnston fired at them, wounding three, and they fired back, killing her. Raids are a great tool if conducted properly, and in this case, sadly, that did not occur. In an effort to see justice and take criminals off the streets, this Atlanta police department, used poor police procedures and clearly little if any judement.
According to news accounts, Junnier, 40, and Officer J.R. Smith, 35, were charged in the indictment with felony murder, violation of oath by a public officer, criminal solicitation, burglary, aggravated assault with a deadly weapon and making false statements.
Officer Arthur Tesler, 40, was charged with violation of oath by a public officer, making false statements and false imprisonment under color of legal process.
Fulton County district attorney's spokeswoman Lyn Vaughn said a 1 p.m. plea hearing was scheduled for Junnier and Smith.
Junnier's attorney, Rand Csehy, said Junnier agreed to a deal in which he would plead guilty to manslaughter, violation of oath, criminal solicitation and making false statements. In federal court, he will plead to conspiracy to violate a person's civil rights resulting in death, though federal charges have not been filed, Csehy said.
Smith's attorney, John Garland, declined to discuss his client's intended plea.
Junnier retired from the police department in January; Tesler and Smith are on administrative leave. All three are expected to face federal charges.
Tesler's attorney, William McKenney, said his client testified before the grand jury and expects to go to trial.
He is "very relieved" not to face murder charges, McKenney said, "but we're concerned about the three charges."
The raid was set up after narcotics officers said an informant had claimed there was cocaine in the home.
When the officers burst in without announcing their presence, police say Johnston fired a handgun and officers returned fire. An autopsy report revealed Johnston was shot five or six times in the chest, arms, legs and feet. Initially, the medical examiner's office said Johnston was 88, while her relatives insisted she was 92. Public officials now agree she was 92.
The case raised serious questions about no-knock warrants and whether the officers followed proper procedures.
Atlanta Police Chief Richard Pennington asked the FBI to lead a multi-agency probe into the shootout. He also announced policy changes to require the department to drug-test its nearly 1,800 officers and mandate that top supervisors sign off on narcotics operations and no-knock warrants.
To get the warrant, officers told a magistrate judge that an undercover informant had told them Johnston's home had surveillance cameras monitored carefully by a drug dealer named "Sam."
After the shooting, a man claiming to be the informant told a television station that he never purchased drugs there, prompting Pennington to admit he was uncertain whether the suspected drug dealer actually existed.
A total of eight officers were placed on administrative leave pending charges.
