Family of woman killed in botched drug raid to receive $4.9 million

Josh

Lifer
Mar 20, 2000
10,917
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Atlanta, Georgia (CNN) -- The city of Atlanta will pay $4.9 million to the family of Kathryn Johnston, a 92-year-old woman killed in a botched November 2006 drug raid, Mayor Kasim Reed's office announced Monday.

Johnston was shot to death by narcotics officers conducting a "no-knock" warrant. Investigators later determined the raid was based on falsified paperwork stating that illegal drugs were present in the home.

The incident prompted a major overhaul of the Atlanta police drug unit, and three former police officers were sentenced to prison terms for a cover-up that ensued.

Johnston's family will receive $2.9 million sometime in fiscal 2011, the city said, with the remaining $2 million to be paid in fiscal 2012, on or before August 15, 2011.

The payment represents the settlement of a lawsuit filed against the city by Sarah Dozier, Johnston's niece, Reed's office said in a statement. Initially filed in state court, the suit was moved to federal court, where a judge ordered the parties to mediation.

As the search warrant was being executed November 21, 2006, at Johnston's home, she fired at officers with an old pistol, apparently believing her home was being broken into. Six officers returned fire. Johnston's one shot went through her front door and over the officers' heads. They responded with 39 shots, hitting the elderly woman five times.

"The resolution of this case is an important step in the healing process for the city and its residents," Reed said in the statement. "As a result of the incident, several police officers were indicted in federal and state court on charges and were later convicted and sentenced for their actions. In addition, the narcotics unit of the Atlanta Police Department was completely reorganized, which included changes in policy and personnel."

Last year, former officer Jason Smith was sentenced to 10 years in federal prison, while former officers Greg Junnier and Arthur Tesler were sentenced to six and five years, respectively.

All three men pleaded guilty to federal charges of conspiracy to violate civil rights resulting in death. Smith and Junnier also pleaded guilty to state charges of voluntary manslaughter and making false statements, and Smith admitted to planting bags of marijuana in Johnston's home after her death.

U.S. District Judge Julie Carnes ordered the three to split Johnston's funeral costs of $8,180, and to serve three years of supervised release after they complete their prison terms.

"I pray daily for Ms. Johnston," Smith said at the sentencing hearing, according to CNN affiliate WXIA-TV. "I also pray other officers in Atlanta will have the moral fortitude I didn't have."

Tesler was convicted on one state count of making false statements after filling out an affidavit saying that an informant had purchased crack cocaine at Johnston's home, in a crime-plagued neighborhood near downtown Atlanta.

The informant, however, denied ever having been to Johnston's home, leading to probes by federal and state authorities as well as the breakup and reorganization of the narcotics unit.

Tesler's state conviction was reversed on appeal. According to their plea agreements, Junnier and Smith will serve their state sentences concurrently with the federal sentence.

Shortly after the probe began, Junnier began cooperating with authorities, providing "valuable assistance in the investigation and prosecution of Smith and Tesler," according to a statement issued last year by federal prosecutors. Smith also cooperated to a lesser extent, and both men's sentences were reduced in exchange for their cooperation.

Prosecutors have said that officers regularly presented false information to obtain warrants and that they cut corners to make more time for lucrative side jobs providing additional security to businesses, often while on duty, and receiving cash payments.

The investigation into the botched raid also led to guilty pleas from the police sergeant in charge of the narcotics unit and another officer who admitted to extortion, authorities said.

http://www.cnn.com/2010/CRIME/08/16/georgia.botched.raid/index.html?hpt=Sbin


Surprised the cops actually got sentenced to some serious time. I suppose they did take part in some extremely stupid cover-up (planting bags of marijuana on a 92 year old woman's property ...lol)
 

Phokus

Lifer
Nov 20, 1999
22,994
779
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i hope those locked up cops get accidentally sent to gen pop and get shanked. What a bunch of assholes.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
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There are times where they are needed, but on a 92 year old woman? That was ridiculous. The only way she could be dealing drugs is if she was reselling her pain meds.

That, and you slam through someone's door without announcing yourself, you take your chances with getting shot. Charges certainly shouldn't be placed against the homeowner for defending themselves.
 

SarcasticDwarf

Diamond Member
Jun 8, 2001
9,574
2
76
That, and you slam through someone's door without announcing yourself, you take your chances with getting shot. Charges certainly shouldn't be placed against the homeowner for defending themselves.

Yup. I completely understand the need for no knock warrants, but the fact is that they are waaaaay overused.

What is disappointing here is that the verdict and award have nothing to do with the woman being killed or a no knock warrant being used but instead is about the incorrectly obtained warrant and coverup.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
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This poses an interesting question though. In regards to the other thread about you having a gun locked and loaded at your home in a burglary attempt. What would happen if you shot and killed an officer in the line of duty protecting your home while at the same time they were raiding your house for what they believed to be a drug house[even though it's not]? Assume they were able to arrest you after the intial shot.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
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This poses an interesting question though. In regards to the other thread about you having a gun locked and loaded at your home in a burglary attempt. What would happen if you shot and killed an officer in the line of duty protecting your home while at the same time they were raiding your house for what they believed to be a drug house[even though it's not]?

You're completely fucked. I'm about 99% sure that's happened.

Edit:
http://en.wikipedia.org/wiki/Cory_Maye
 
Last edited:

SarcasticDwarf

Diamond Member
Jun 8, 2001
9,574
2
76
This poses an interesting question though. In regards to the other thread about you having a gun locked and loaded at your home in a burglary attempt. What would happen if you shot and killed an officer in the line of duty protecting your home while at the same time they were raiding your house for what they believed to be a drug house[even though it's not]?

You are dead so it is a nonissue. The police do NOT stop their raid to check to see if you are a 94 year old woman. Instead the tend to shoot blindly into the building until they think you are dead (and I say blindly because their accuracy is downright pathetic).

I am thinking it has happened where the person lived through it and they still went to jail.

Now the fun part is that occasionally people are posing as officers for home invasions, go figure.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
You are dead so it is a nonissue. The police do NOT stop their raid to check to see if you are a 94 year old woman. Instead the tend to shoot blindly into the building until they think you are dead (and I say blindly because their accuracy is downright pathetic).

I am thinking it has happened where the person lived through it and they still went to jail.

Now the fun part is that occasionally people are posing as officers for home invasions, go figure.


Yea I made an edit, assume you somehow survived after killing the officer. Say you shot, immediately realized it was an officer and dropped to the ground and surrendered yourself. I was just more curious of the ramifications as a result of a misunderstanding by both parties that was initiated by the police.
 

preslove

Lifer
Sep 10, 2003
16,754
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Yea I made an edit, assume you somehow survived after killing the officer. Say you shot, immediately realized it was an officer and dropped to the ground and surrendered yourself. I was just more curious of the ramifications as a result of a misunderstanding by both parties that was initiated by the police.

They would still just shoot you.
 

Phokus

Lifer
Nov 20, 1999
22,994
779
126
There was that case a while ago of a bunch of police officers doing a no knock warrant on this asian family and the husband got his shotgun and started shooting back. They got the wrong house. The officers got medals for heroism the next day. Absolutely disgusting.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
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There was that case a while ago of a bunch of police officers doing a no knock warrant on this asian family and the husband got his shotgun and started shooting back. They got the wrong house. The officers got medals for heroism the next day. Absolutely disgusting.

Link?
 

Phokus

Lifer
Nov 20, 1999
22,994
779
126
This poses an interesting question though. In regards to the other thread about you having a gun locked and loaded at your home in a burglary attempt. What would happen if you shot and killed an officer in the line of duty protecting your home while at the same time they were raiding your house for what they believed to be a drug house[even though it's not]? Assume they were able to arrest you after the intial shot.

You'd have to kill all of them because if you drop one, they'll pretty much find a way to murder you and cover it up. That's how cops do it.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
You'd have to kill all of them because if you drop one, they'll pretty much find a way to murder you and cover it up. That's how cops do it.


I'm not really interested at the many ways it could turn out, I'm curious as to what would happen if everything is played by the book seeing as the man in the house was innocent until a misunderstanding initated by the police caused one of their own to be killed. Say his wife and kids were home at the time and he sensed an immediate danger. Cause and effect. But like someone said, he's probably fucked but I want to know how fucked. :p
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
I'm not really interested at the many ways it could turn out, I'm curious as to what would happen if everything is played by the book seeing as the man in the house was innocent until a misunderstanding initated by the police caused one of their own to be killed. Say his wife and kids were home at the time and he sensed an immediate danger. Cause and effect. But like someone said, he's probably fucked but I want to know how fucked. :p

http://www.drugwarrant.com/articles/drug-war-victim/
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
You'd have to kill all of them because if you drop one, they'll pretty much find a way to murder you and cover it up. That's how cops do it.

Yeah. Once they smash through that door, kill them all or die yourself, and even if you do manage to kill them all, you'll be lucky to not get a death sentence anyways.
 

nick1985

Lifer
Dec 29, 2002
27,153
6
81
no knock warrants are retarded. If a bunch of people burst into my home in the middle of the night I would be shooting back with my shotgun.

There are several stories where no knock warrants were served at the wrong address, and the homeowner killed police fearing home invasion