Cops raid home, kill two dogs (labs)

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#21
For some reason I can't see those Windy Pundit pages. I get an error message -- not your standard "not found" page, but a box that pops up with an error noise -- that it can't open the page, and aborts. Can someone copy the articles into this thread?
 

Lilavati

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#22
Here are the two Windypundit articles. They copied strangely in terms of format, but here they are:

<H2>August 1, 2008
Creeping Totalitarianism Department

The Lima Raid - Why He Shot

Mark Draughn

Oh my God. I had no idea.
I've been criticizing the Lima, Ohio SWAT team for killing Tarika Wilson, an unarmed woman who was holding her infant son as the team raided her house. In my last post on the subject, I mentioned that the cops also shot the family dogs, which seems to be a favorite sport of SWAT teams.
In my very first post on the Lima raid, I wrote this:
As SWAT teams often do, they shot the household dog as they entered. Now ask yourself, given that police have TASERs, pepper spray, riot batons, and body armor, what kind of asshole discharges a firearm in a house with children in it just to stop a dog?
It turns out I should have asked a better question: What kind of asshole discharges a firearm in a house with an armed and nervous SWAT team in it just to stop a dog?
An AP reporter describes the testimony of Sgt. Joseph Chavalia, the cop who killed Tarika Wilson:
Sgt. Joseph Chavalia testified that he saw a shadow coming from behind a partially open bedroom door as he walked upstairs at the house of a suspected drug dealer. He said he heard gunshots, flinched and pointed his gun toward the door.

"There was absolutely, positively no doubt in my mind right then and there that whoever this was is shooting at me. They're trying to kill me," Chavalia said.

Chavalia told jurors that he now knows the gunfire he heard was coming from downstairs, where other officers shot two charging pit bulls.
So, some sadistic cop kills the family dogs, and Chavalia misinterprets the source of the gunfire, killing an innocent woman, and permanently maiming the infant in her arms.
The defense's shooting expert has an explanation for Cavailia's behavior:
A retired FBI agent who now frequently testifies on behalf of police officers accused in shootings said Thursday that Chavalia made the right decision because he thought his life was in danger.
"We know this wasn't the case," Urey Patrick told jurors. "We have to look at this from the point of the officer."
He also said that the shots fired by other officers at the pit bulls were literally right below where Wilson was in the bedroom.
"I can understand why Sgt. Chavalia thought those shots were coming from the bedroom," Patrick said.
I can too, but there's also this:
Under questioning by Prosecutor Jeffrey Strausbaugh, Chavalia said he never saw Wilson's hands or face and didn't know if she had a weapon. He said his line of sight was limited when he fired and he had no idea Wilson's six children were in the bedroom.
So, he shot at noise and movement, without seeing a weapon or a muzzle flash, and without knowing what was behind his target. That breaks a whole bunch of gun safety rules.
But maybe you have to break some rules if the danger seems extreme enough.
I've previously written that I don't know if the officer who pulled the trigger was the one responsible for this mess. The tragedy may have been inevitable from the way these operations are planned and carried out. If police keep sending violent raids into people's houses, they are guaranteed to keep killing innocent people.
You know, a few people have taken me to task for my earlier criticism of this raid. They say I'm ignorant of police tactics, which is probably true. But nothing I've said is nearly as stupid and pointless as what the Lima SWAT team did.
</H2>
 

Lilavati

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#23
And the other:


<H2>May 1, 2007
War On Drugs Department

The Murder of Kathryn Johnston

Mark Draughn

Lately I've been blogging about some scandalous behavior by Chicago Cops. There's been some bad stuff in the news, with more to come, but the Windy City has nothing going on that remotely compares to what happened in Atlanta last November.
That's when Atlanta cops shot and killed 92-year-old Kathryn Johnston during a drug raid. When the cops entered her home, she apparently didn't realize they were cops and took a shot at them. They shot back. Three cops were wounded, and Johnston was killed.
At the time, I was pissed off that yet another innocent person was killed in yet another SWAT-style drug raid, but I didn't blame the officers involved. They had a warrant giving them the legal authority to enter her home, and they also had a moral right to self defense when she shot at them, even though she also believed she was shooting in self-defense. It's a monumentally stupid policy that creates situations like this, but that's not the cops' fault that they got in the situation, and once they got in it, they did what they had to do.
Or so I thought.
However, the feds have been investigating the incident, and their allegations paint a different picture. A horrifying picture.
According to recently released documents, the raid was apparently based entirely on information from a suspected drug dealer named Fabian Sheats who made a deal to get out of a drug bust...a drug bust which turns out to be a sham. The cops had a bunch of marijuana in the trunk of their car from another case, and they planted some of it at the scene and then called a K-9 unit to come and "find" it to implicate Sheats. To get out of this frame, Sheats pointed out a house and said he bought drugs there from a guy named Sam and saw more drugs on the premises.
Sheats was not an approved confidential informant—meaning he had never given them reliable information before—so his statement would be difficult to use on a warrant application, so the cops made up a better story and got their warrant. To justify a no-knock entry, they told the judge the building had security cameras, meaning the dealers inside could see them coming and destroy the evidence unless they entered quickly. These cameras did not exist.
So, even before the disastrous invasion of Johnston's house, the cops had already stolen drug evidence from another case, lied to a fellow officer, framed Sheats for for drug dealing, and perjured themselves to get a warrant.
None of this would matter once they grabbed Sam and all his drugs, because nobody would ever take a close look at the warrant. It should have worked just fine for the cops.
But not only were these Atlanta cops corrupt, they were also spectacularly incompetent. When the raid started, it took them two minutes to break down the door. They had lost all tactical surprise. Any dealer inside had plenty of time to dump a lot of drugs down the drain. They might as well have just knocked on the door and politely served the warrant on whoever answered. Their violent entry was pointless.
It was even worse than that, however, because nothing Sheats told them was true. There were no drugs in the house, and there was nobody named Sam living there. Just Kathryn Johnston and her gun.
While the cops were breaking down her door, the 92-year old grandmother had plenty of time to get her gun, and when the cops came through the door she took a single shot at them. The police responded by gunning down everyone in the house. And I mean everyone.
Remember when I said that three cops were wounded? Since the crime scene investigators found the bullet from Johnston's single shot in a porch roof, it's clear she didn't actually shoot anybody. That's right. These corrupt thugs had shot each other.
In a way, it's karma. They lied and broke the law in order to create a dangerously violent situation, and they got themselves shot. Unfortunately, they also shot Kathryn Johnston. Five or six times.
While she was lying on the floor of her house, bleeding and dying, the cops handcuffed her and then started planning how to frame her as a drug dealer. They got more drugs from the trunk of their car and "found" them in her home. They talked another informant into saying he bought drugs at the house to back up their story.
Obviously, their cover-up didn't work. This whole story of crime and stupidity comes from an article in the Atlanta Journal-Constitution. They got it from the feds who investigated the incident. The feds got it when one of the cops involved made a deal and confessed.
I'm not a lawyer, but this sounds like felony murder. That's what they call it when someone dies as an accidental result of a felony. For example, if a criminal starts a gunfight with the police, and a police bullet kills an innocent bystander, the criminal is charged with felony murder because he created a dangerous condition by breaking the law and starting the gunfight. In this case, it was the police who broke the law and started the gunfight. Therefore, according to the felony murder rule, Kathryn Johnston was murdered by Atlanta police officers.
</H2>
 

smkie

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#24
Since i was recently searched because of trying to help a homeless young man, i think i escaped the whole situation with a lot of luck. THis is horrid.
 
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#25
And that, ladies and gentlemen, is what I have been saying happens - more often than you'd like to think. I've heard them BRAG about pulling off this kind of crap.

Hell, I'm WAY more afraid of the cops than I am of any thug on the street.
 
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#26
Thanks Lilavati. This whole thing is just sick. Its like we all might as well just cower in our homes, waiting for cops to come kill us.
 

Kayla

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#28
Bahiamutt- Unfortunantly not even crating your dogs is enough some times. It never made the papers but a few months ago a co-workers friend apartment was raided and his senior female APBT was in her crate at the time of the raid. The cops shot her, because she was barking at them through the crate- absoultly disgusting.

It makes me very nervous especially when I get my own apartment with Duke.

Very very sad situation indeed.
 

Lilavati

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#29
Back when I was living in Phoenix, I heard the following story from a neighbor:

My neighbor was the owner of an immense (and overweight) Rottie named Cannibal. Despite his name and his size, Cannibal was a big goober who believed he was a 120 lb lap dog. Poorly behaved, but about as threatening as a kitten. He might crush you while he drowned you in drool, but he wouldn't hurt you.

One day while my neighbor was out, the police showed up in full raid gear, with a battering ram. They got the door down and there was Cannibal, who had remembered at this most unfortunate time that he was a very large dog and he should protect the home if it was attacked. He did NOT charge the police, but he stood his ground and growled. The police had their guns out, when another neighbor who lived across the way came running out of his door, shouting "Don't shoot! Don't shoot that dog! He belongs to a white lady!" And the cops closed the door, put their guns away, and went home.

It turns out that they were looking for a hispanic male drug dealer, who had not lived in the complex for more than a year, and in fact was evicted due to his criminal activities. The police did not check with property management, they did not check public records, they just decided to no knock raid an apartment, and nearly shoot a dog who was just trying to protect his owner's home against these strange and aggressive people. (I knew Cannibal very well, he was NOT an agressive animal in any way. He was friendly to everyone, he only looked scary).

It was a very close call. A perfectly friendly, and very much loved, dog would have been killed because the police could not be bothered to ask the property management about the tenants. Or the neighbors. Or the utility companies. Or anyone else they could have asked. And my neighbor would have had no recourse, because posthumously, Cannibal would have become a slavering beast who lunged at the police officers . . .
 

DanL

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#31
I'm friends with a few cops. One is a SWAT team member. All of them are people of integrity. Nothing pisses them off more than hearing about stuff like this happening. My SWAT buddy told me how they try not to hurt people during raids. One time they responded to a domestic with a weapon situation. They heard screaming from inside, busted open the door, and the guy met them with a butcher knife and started coming after them. They tased him. He said 5 years ago, that guy would have been shot on the spot due to his actions and the weapon he had.

The town next to ours has a reputation of overzealous cops. They think they are in the wild wild west with their tactics. It's at the point where certain judges won't even hear their cases because charges are trumped up and unjustified. They'll bust people who had nothing to do with crimes but happened to be in the wrong place at the wrong time to pad their arrest numbers and ruin the lives of those people who now have to hire lawyers to fight the charges. There is one in particular who I'd love to catch in a dark parking lot off duty just once.
 

Lilavati

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#33
I'm friends with a few cops. One is a SWAT team member. All of them are people of integrity. Nothing pisses them off more than hearing about stuff like this happening. My SWAT buddy told me how they try not to hurt people during raids. One time they responded to a domestic with a weapon situation. They heard screaming from inside, busted open the door, and the guy met them with a butcher knife and started coming after them. They tased him. He said 5 years ago, that guy would have been shot on the spot due to his actions and the weapon he had.

The town next to ours has a reputation of overzealous cops. They think they are in the wild wild west with their tactics. It's at the point where certain judges won't even hear their cases because charges are trumped up and unjustified. They'll bust people who had nothing to do with crimes but happened to be in the wrong place at the wrong time to pad their arrest numbers and ruin the lives of those people who now have to hire lawyers to fight the charges. There is one in particular who I'd love to catch in a dark parking lot off duty just once.
I have no doubt that most police officers, and most SWAT team members, are responsible, professional individuals. Nor do I expect that we will ever be without bad apples in the profession: the temptation for those who legally carry weapons and constantly see the worst of people to behave badly will always be there.

What really cheeses me off is not that these incidents happened, but the lack of accountability and the legal arrangements that allow them to happen. If there is a no knock raid on the wrong house, then there should immediately be an appology and compensation, especially if a family member or a pet is hurt or killed. None of this having to get a lawyer and spend years in court, none of this having to prove you were innocent (which, despite the Constitution, is the de facto situation. If an innocent bystander is killed, there should be a immedate and serious investigation (whether wrong house or right house). One of things Atlanta did right was welcoming an federal investigation (in fact, I think they asked the FBI in), which was a show of good faith and serious intent to deal with the problem.

Acts of causal and malicious cruelty, towards human beings or animals should be seriously punished and result in removal from this sort of operation. Shooting an elderly, crated dog is a sign of callousness that should immediately disqualify someone from being in the sort of situtation where they can exercise that sort of power. Not to speak of the Phoenix puppy-burning indicent . . .

Judges should be far more reluctant to give no-knock warrants and state and city legislatures should pass bills requring that such raids are only used when there is a genuine threat of violence (and don't give me the "all drug crimes are crimes of violence" crap) Honestly, if they flush the drugs, they flush the drugs . . . at the very least you have seriously inconvinenced them. But a few marijauana plants are not worth risking human life.

Police officers should also recieve more training in dealing with dogs, it seems, and be instructed to let family members attempt to gain control of their pets if this is reasonable. Right now, a no knock raid, wrong or right house, justified or not, is pretty much an assured death sentence for the family dog. Should the cops endanger themselves to protect the dogs? Of course not. But they should recieve more training in dealing with them in a non-lethal fashion. Indeed, as one of the stories above shows, the immedate reaction--shoot the dog--resulted in the death of an innocent woman and the maiming of her infant.

As long as law enforcement agencies shield officers who commit such acts and blame the victims, they will face public outrage (though not as much outrage as there SHOULD be) and a suspicious, wary, and often unco-operative public that has learned to be afraid of the police, even if they have nothing to hide.
 
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#34
Something that gripes my soul in the legal department, Lil, is that cops aren't typically penalized for their crimes as harshly as civilians. In my view of the world, they should be held to a HIGHER standard as they sought out positions of power and authority theoretically to be a voluntary shield and weapon against criminal acts.

Cops who commit crimes should at least get the maximum sentences and have to wait at least twice as long to be considered for parole. Maybe that would have at least a small impact on the number of bad ones before they even sign up for the cop classes.
 

Lilavati

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Something that gripes my soul in the legal department, Lil, is that cops aren't typically penalized for their crimes as harshly as civilians. In my view of the world, they should be held to a HIGHER standard as they sought out positions of power and authority theoretically to be a voluntary shield and weapon against criminal acts.

Cops who commit crimes should at least get the maximum sentences and have to wait at least twice as long to be considered for parole. Maybe that would have at least a small impact on the number of bad ones before they even sign up for the cop classes.
Well, it would depend on the circumstances of the crime, but I agree in principle. At the very least, the standards should be equal. One thing that irritates me in these cases is that while the officers are held to a typical "reasonable" standard of self-defense, it seems the civilians are often asked to excercise almost superhuman judgement. Worse, the cops have all the advantages.

The civilians are usually frightened, confused, and often have been woken up in the middle of the night. Especially if they are innocent, they have no reason to suspect or know that the police are charging through their door. These confused, frightened, often sleepy and muddled people are asked to make split second decisions for which they often have no training, and are punished severely if they make the wrong choice. Meanwhile, the officers, who knew perfectly well that they'd be raiding a house, and, are, at least theoretically, well-trained, are judged simply on whether they thought their actions are necessiary. Tragic situations can happen without fault. However, the tendancy is to forgive the cops (no matter how at fault) and blame the civilian (no matter how reasonable their actions would have seemed to them at the time).
 
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#36
However, the tendancy is to forgive the cops (no matter how at fault) and blame the civilian (no matter how reasonable their actions would have seemed to them at the time).
I think perhaps a great deal of that comes from the fear of contemplating a reality where our so-called protectors are NOT acting in our best interests. We make excuses for their criminal lapses of judgment, cowardice and sometimes outright joy in violence because we don't want to face the idea that we've given authority and weapons to those with poor judgment, to cowards, or to psychopaths.
 

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