April 26, 2007

Pulled Pork

If grand juries are famous for their willingness to indict a perfectly nice ham sandwich, it must have been quick work for them to strike this rancid item from the menu:

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 documents unsealed today.

At least one of the men, retired officer Gregg Junnier, planned to plead guilty later today to reduced state charges and also admit to a single federal charge, his attorney told The Associated Press.

Plainclothes police officers with a no-knock warrant raided Kathryn Johnston's home on Nov. 21 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.

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.

This is the best news I've heard in a while. Clean that department out; get justice for that Kathryn Johnston; and establish policies that make it unlikely that something like this will happen in the future.

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Previous postings:
Murder Charges On The Way For Atlanta No-Knock Officers
Playing Dirty
Atlanta No-Knock Death
Deadly Warrant II
The Kathryn Johnston Thanksgiving Open-House Thread
Death Warrant

Posted by floridacracker at April 26, 2007 01:57 PM

   



Comments

All of the officers who were present should have been charged with murder. Simply because this is the way criminal law works. If a stick-up man blows away a bank teller, then the get-away driver is also charged with murder.

Posted by: Nemo at April 26, 2007 08:22 PM

There must have been some deal-cutting.

Posted by: Donnah at May 3, 2007 06:57 AM