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Elderly Woman Slain by Police During Botched Raid
By HARRY R. WEBER
AP
ATLANTA (April 26) -- Two police officers pleaded guilty Thursday to federal and state charges, including manslaughter, in the death of a 92-year-old woman during a botched drug raid in which 39 gunshots were fired into her home and marijuana was planted there to cover up the crime.
A third officer still faces charges in the woman's death.
Officer J.R. Smith told a state judge 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 untrue claims in a no-knock warrant obtained to enter Kathryn Johnston's home on Nov. 21.
Former Officer Gregg Junnier, 40, who retired from the Atlanta police force in January, pleaded guilty to manslaughter, violation of oath, criminal solicitation and making false statements.
In a hearing Thursday afternoon in federal court, each man pleaded guilty to a single charge of conspiracy to violate a person's civil rights, resulting in death.
U.S. Attorney David Nahmias told The Associated Press the recommended federal sentence for Junnier will be 10 years and one month in prison.
He said the recommended federal sentence for Smith would be 12 years, seven months.
The state and federal sentences are expected to run concurrently for both men. No dates were immediately set for sentencing in state and federal court.
Nahmias said the negotiated sentences are subject to cooperation by the defendants and other conditions.
As part of the plea agreement, if both defendants provide substantial assistance to the federal government, prosecutors have agreed to recommend that the judge impose a lower sentence.
U.S. District Judge Julie Carnes agreed to allow Junnier and Smith to remain free on a $25,000 recognizance bond pending sentencing. Smith agreed to resign from the police department as part of his plea agreement.
Both men also agreed to help investigators with their ongoing probe into the activities of Atlanta police narcotics officers.
"The job is not finished," District Attorney Paul Howard told reporters at a news conference after the pleas, adding that investigators will "follow the evidence wherever it leads."
The third officer, Arthur Tesler, who is on administrative leave, was charged in a state indictment unsealed Thursday 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. McKenney said his client also could face federal charges.
Tesler, 40, is "very relieved" not to face murder charges, McKenney said, "but we're concerned about the three charges."
The charges followed the drug raid on the home of 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 disclosed Thursday 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 were hit by their own colleagues, he said.
Assistant U.S. Attorney Yonette Sam-Buchanan revealed Thursday that although the officers found no drugs in Johnston's home, Smith planted three bags of marijuana in the home as part of the cover story the officers concocted later.
Junnier and Smith 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 murder charge was reduced to manslaughter as part of their pleas, and prosecutors agreed not to pursue the burglary and assault charges.
Junnier and Smith could have faced up to life in prison had they been convicted of murder.
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.
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.
Pennington said Thursday that the entire episode "has been a very painful five months for the police department."
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.
Referring to the Johnston killing, the Rev. Jesse Jackson told reporters Thursday in Atlanta, where he was addressing the role of the media and music industry in perpetuating racial stereotypes, that "there's something shameful about her being shot."
Associated Press Writer Jason Bronis contributed to this report from Atlanta.
By HARRY R. WEBER
AP
ATLANTA (April 26) -- Two police officers pleaded guilty Thursday to federal and state charges, including manslaughter, in the death of a 92-year-old woman during a botched drug raid in which 39 gunshots were fired into her home and marijuana was planted there to cover up the crime.
A third officer still faces charges in the woman's death.
Officer J.R. Smith told a state judge 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 untrue claims in a no-knock warrant obtained to enter Kathryn Johnston's home on Nov. 21.
Former Officer Gregg Junnier, 40, who retired from the Atlanta police force in January, pleaded guilty to manslaughter, violation of oath, criminal solicitation and making false statements.
In a hearing Thursday afternoon in federal court, each man pleaded guilty to a single charge of conspiracy to violate a person's civil rights, resulting in death.
U.S. Attorney David Nahmias told The Associated Press the recommended federal sentence for Junnier will be 10 years and one month in prison.
He said the recommended federal sentence for Smith would be 12 years, seven months.
The state and federal sentences are expected to run concurrently for both men. No dates were immediately set for sentencing in state and federal court.
Nahmias said the negotiated sentences are subject to cooperation by the defendants and other conditions.
As part of the plea agreement, if both defendants provide substantial assistance to the federal government, prosecutors have agreed to recommend that the judge impose a lower sentence.
U.S. District Judge Julie Carnes agreed to allow Junnier and Smith to remain free on a $25,000 recognizance bond pending sentencing. Smith agreed to resign from the police department as part of his plea agreement.
Both men also agreed to help investigators with their ongoing probe into the activities of Atlanta police narcotics officers.
"The job is not finished," District Attorney Paul Howard told reporters at a news conference after the pleas, adding that investigators will "follow the evidence wherever it leads."
The third officer, Arthur Tesler, who is on administrative leave, was charged in a state indictment unsealed Thursday 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. McKenney said his client also could face federal charges.
Tesler, 40, is "very relieved" not to face murder charges, McKenney said, "but we're concerned about the three charges."
The charges followed the drug raid on the home of 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 disclosed Thursday 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 were hit by their own colleagues, he said.
Assistant U.S. Attorney Yonette Sam-Buchanan revealed Thursday that although the officers found no drugs in Johnston's home, Smith planted three bags of marijuana in the home as part of the cover story the officers concocted later.
Junnier and Smith 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 murder charge was reduced to manslaughter as part of their pleas, and prosecutors agreed not to pursue the burglary and assault charges.
Junnier and Smith could have faced up to life in prison had they been convicted of murder.
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.
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.
Pennington said Thursday that the entire episode "has been a very painful five months for the police department."
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.
Referring to the Johnston killing, the Rev. Jesse Jackson told reporters Thursday in Atlanta, where he was addressing the role of the media and music industry in perpetuating racial stereotypes, that "there's something shameful about her being shot."
Associated Press Writer Jason Bronis contributed to this report from Atlanta.