Friday, April 27, 2007

The lonesome death of Kathryn Johnston

The war on drugs and old women continues.

Gregg Junnier and another narcotics officer went inside the apartments around 2 p.m. while Jason Smith checked the woods. Smith found dozens of bags of marijuana — in baggies that were clear, blue or various other colors and packaged to sell. With no one connected to the pot, Smith stashed the bags in the trunk of the patrol car. A use was found for Smith's stash 90 minutes later: A phone tip led the three officers to a man in a "gold-colored jacket" who might be dealing. The man, identified as X in the documents but known as Fabian Sheats, spotted the cops and put something in his mouth. They found no drugs on Sheats, but came up with a use for the pot they found earlier.

They wanted information or they would arrest Sheats for dealing.

While Junnier called for a drug-sniffing dog, Smith planted some bags under a rock, which the K-9 unit found.

But if Sheats gave them something, he could walk.

Sheats pointed out 933 Neal St., the home of 92-year-old Kathryn Johnston. That, he claimed, is where he spotted a kilogram of cocaine when he was there to buy crack from a man named "Sam."

They needed someone to go inside, but Sheats would not do for their purposes because he was not a certified confidential informant.

So about 5:05 p.m. they reached out by telephone to Alex White to make an undercover buy for them. They had experience with White and he had proved to be a reliable snitch.

But White had no transportation and could not help.

Still, Smith, Junnier and the other officer, Arthur Tesler, according to the state's case, ran with the information. They fabricated all the right answers to persuade a magistrate to give them a no-knock search warrant.

By 6 p.m., they had the legal document they needed to break into Kathryn Johnston's house, and within 40 minutes they were prying off the burglar bars and using a ram to burst through the elderly woman's front door. It took about two minutes to get inside, which gave Johnston time to retrieve her rusty .38 revolver.

Tesler was at the back door when Junnier, Smith and the other narcotics officers crashed through the front.

Johnston got off one shot, the bullet missing her target and hitting a porch roof. The three narcotics officers answered with 39 bullets.

Five or six bullets hit the terrified woman. Authorities never figured out who fired the fatal bullet, the one that hit Johnston in the chest. Some pieces of the other bullets — friendly fire — hit Junnier and two other cops.

The officers handcuffed the mortally wounded woman and searched the house.

There was no Sam.

There were no drugs.

There were no cameras that the officers had claimed was the reason for the no-knock warrant.

Just Johnston, handcuffed and bleeding on her living room floor.

That is when the officers took it to another level. Three baggies of marijuana were retrieved from the trunk of the car and planted in Johnston's basement. The rest of the pot from the trunk was dropped down a sewage drain and disappeared.

The three began getting their stories straight.


Two of the cops, Junnier and Smith, pleaded guilty to voluntary manslaughter yesterday.

Atlanta's police commissioner claimed afterwards, that "justice was served."

Only as far as the two cops' blatant misconduct and brutality goes. It does not address the climate in which the law feels justified in condoning no-knock searches based on the coerced assertions of an informant. It does not begin to address a crusade in which this type of behavior is condoned when someone less obviously innocent that a 92-year old woman dies.

Asked how widespread such practices might be, Mr. Nahmias said investigators were looking at narcotics officers, officers who had once served in the narcotics unit and “officers that had never been in that unit but may have adopted that practice.”

The investigation has already led to scrutiny of criminal cases involving the indicted officers and others who may have used similar tactics. Paul Howard, the Fulton County district attorney, said his office was reviewing at least 100 cases involving the three officers, including 10 in which defendants were in jail.

If they continue to cooperate, Mr. Junnier, who retired after the shooting, faces a minimum of 10 years in prison and Mr. Smith, who resigned Thursday, faces 12 years.

The third officer, Arthur Tesler, declined a plea deal. He was indicted on charges of violation of oath by a public officer, making false statements and false imprisonment under color of legal process.

Mr. Tesler’s lawyer, John Garland, said his client was following his training when he put false claims in an affidavit.

Mr. Nahmias took a moment to dwell on what he said was the unusual nature of the officers’ offenses.

“The officers charged today were not corrupt in the sense that we have seen before,” he said. “They are not accused of seeking payoffs or trying to rob drug dealers or trying to protect gang members. Their goal was to arrest drug dealers and seize illegal drugs, and that’s what we want our police officers to do for our community.

“But these officers pursued that goal by corrupting the justice system, because when it was hard to do their job the way the Constitution requires, they let the ends justify their means.”

Mr. Nahmias said the statement in the plea agreement that officers cut corners in order to “be considered productive officers and to meet A.P.D.’s performance targets” reflected their perception of the department’s expectations.

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