3 Atlanta Police Officers Charged in Drug Raid Death of 92-Year-Old Woman

2 Plead Guilty
Harry R. Weber, Associated Press
April 26, 2007
San Diego Union-Tribune

ATLANTA — Two police officers pleaded guilty Thursday to manslaughter in the shooting death of a 92-year-old woman during a botched drug raid last fall. A third officer still faces charges.

Officer J.R. Smith told a state judge Thursday that he regretted what had happened.

"I'm sorry," the 35-year-old said, his voice barely audible. He pleaded guilty to manslaughter, violation of oath, criminal solicitation, making false statements and perjury, which was based on claims in a warrant.

Former Officer Gregg Junnier, 40, who retired from the Atlanta police in January, pleaded guilty to manslaughter, violation of oath, criminal solicitation and making false statements. Both men are expected to face more than 10 years in prison.

In a hearing later in federal court, both pleaded guilty to a single charge of conspiracy to violate a person's civil rights, resulting in death. Their state and federal sentences would run concurrently.

The charges followed a Nov. 21 "no-knock" drug raid on the home of Kathryn Johnston, 92. An informant had described buying drugs from a dealer there, police said. When the officers burst in without warning, Johnston fired at them, and they fired back, killing her.

Fulton County prosecutor Peter Johnson said that the officers involved in Johnston's death fired 39 shots, striking her five or six times, including a fatal blow to the chest.

He said Johnston fired only once through her door and didn't hit any of the officers. That means the officers who were wounded likely were hit by their own colleagues, he said.

Junnier and Smith, who is on administrative leave, had been charged in an indictment unsealed earlier Thursday with felony murder, violation of oath by a public officer, criminal solicitation, burglary, aggravated assault with a deadly weapon, and making false statements.

The third officer, Arthur Tesler, also on administrative leave, was charged with violation of oath by a public officer, making false statements and false imprisonment under color of legal process. His attorney, William McKenney, said Tesler expects to go to trial.

Tesler, 40, is "very relieved" not to face murder charges, McKenney said, "but we're concerned about the three charges."

Both men could have faced up to life in prison had they been convicted of murder. Instead, Junnier will face 10 years and one month and Smith 12 years and seven months. No sentencing date was immediately set, and the sentences are contingent on the men cooperating with the government.

The deadly drug raid had been set up after narcotics officers said an informant had claimed there was cocaine in the home.

When the plainclothes officers burst in without notice, police said, Johnston fired at them, and they fired back.

Assistant U.S. Attorney Yonette Sam-Buchanan said Thursday that although the officers found no drugs in Johnston's home, Smith planted three bags of marijuana in the home as part of a cover story.

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. He also announced policy changes to require the department to drug-test its nearly 1,800 officers and require top supervisors to 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 had never purchased drugs there, leading Pennington to admit he was uncertain whether the suspected drug dealer actually existed.

The Rev. Markel Hutchins, a civil rights activist who serves as a spokesman for Johnston's family, said the family was satisfied with Thursday's developments.

"They have never sought vengeance. They have only sought justice," he said.

Hutchins said the family is considering civil action against the police department.

"I think what happened today makes it very clear that Ms. Johnston was violated, that her civil rights were violated," he said.

Associated Press writer Jason Bronis in Atlanta contributed to this report.
Marijuana Policy Project - News

I heard this!!!!! I was so pissed when I heard it over the radio. When 3 cops need to plant drugs on an old lady just to cover up a screw up they made is really sad. Happy that 2 of the three fessed up and accually had a sense of moral fiber.

Disgusting. Why not murder?
Piffle.
These traitors conspire to treason!
Don't take my word for it.
Just consider this brief lesson in U.S. law:

Q: What is the Constitutional stipulation against speeding in a school zone?
A: The U.S. Constitution does not enumerate penalty for such crime.

Q: What is the Constitutional stipulation against forcible sexual rape?
A: The U.S. Constitution does not enumerate penalty for such crime.

Q: What is the Constitutional stipulation against murder?
A: The U.S. Constitution does not enumerate penalty for such crime.

BUT !!!

There is ONE crime (and ONLY one crime) which IS enumerated in the U.S. Constitution. That is the crime of "treason".

"Treason" is a crime so treacherous, so dastardly, that the U.S. Founders felt it should be explicitly proscribed, within the U.S. Constitution.
Please note, there are TWO elements stipulated here.
Either one of them is "treason" according to the U.S. Constitution.

But due to economic realities explained by Nobel laureate Milton Friedman (a man openly, articulately opposed to U.S. Drug War), this drug prohibition actually benefits our enemies, the South American narco-trafficers.

Thus, these low-life scum that murdered this woman, and then attempted to excuse their felony by compounding their crime, were not men of principle.
By the standards established by the U.S. Founders; great, wise men such as Madison, & Jefferson, & Paine, & Franklin; these murderers that planted this evidence were treasonous traitors.

And since they have conspired to Treason in time of War, perhaps the appropriate punishment is summary execution.
Would that be any more cruel to them, than they were to her?

I don't think so.

They're low-life scum. They not only disgrace their uniform.
They disgrace humanity.

I happen to live in Atlanta, the city where all this happened. . .

All I have to say is - Shame on these cops! The scary thing is that this can happen to any of us at any time.

There's been a huge backlash here in Atlanta over all this. . . I hope the cops who initiated this despicable act are brought to justice and punished in the most severe way, as their behavior is completely unacceptable. . .

I still didnt say what they did was rigth just that atleast two of the had the balls to come forward. Yes I still want them to face the max penelty but atleast those two can go in and say to themselves "atleast we ended this crap"

Mistakes do happen, I hope that the tragic death of an innocent procures different actions to be taken in future.

I know.
I shouldn't have suggested otherwise.
I just find it difficult to look favorably upon our -fine law enforcement professionals- that first murder a 92-Year-Old Woman, and then plant evidence to conceal their crime; as they wage their War against us.

I make a bet with you. You name it. Those 2 cops plea bargained for their confessions before more investigations could be launched.

Well duh I knew that. They bargined their confession for a lesser charge. Im not saying what they did overall is not wrong but atleast they come forward and stoped it.

I will type this very slowly. These 2 cops plea bargain stopped the investigation. Who knows what the investigation would uncover.