Kin Of Fatally Shot 92-Year-Old Sues Cops

Atlanta Woman Shot In Home During Botched Drug Raid

(AP)  The family of a 92-year-old woman fatally shot during a botched drug raid has filed a lawsuit against the city and police on the first anniversary of the killing.

The State Court lawsuit was filed Wednesday by a niece of Kathryn Johnston, accusing them of racketeering, civil rights violations, assault, false imprisonment and negligence.

The suit targets the city, Police Chief Richard Pennington and five current and former police officers. The family is seeking unspecified damages.

Hezekiah Sistrunk Jr., an attorney for the niece, Sarah Dozier, said they had attempted to talk to the city about a settlement.

“That has been unsuccessful. That is why we are here today,” he said at a news conference.

Plainclothes narcotics officers burst into Johnston's home Nov. 21, 2006, using a no-knock warrant. Johnston was killed during the raid in a hail of nearly 40 police gunshots.

Prosecutors said the officers obtained the warrant by falsely telling a judge that an informant confirmed drug dealing at the home. The informant later told federal investigators he was told by police to concoct the tale.

Prosecutors also said that one of the police officers planted three bags of marijuana in Johnston's home as part of a cover-up after no drugs were found.

The suit accuses officers who raided the home of violating Johnston's constitutional protections against unreasonable searches and seizures and the use of unreasonable and excessive deadly force. It cites witness tampering in its racketeering accusation.

Prosecutors charged three officers involved in the raid. Two of the officers, Jason R. Smith and Gregg Junnier, pleaded guilty to state manslaughter and federal civil rights charges. They have left the police force. A judge Tuesday ordered the two to turn themselves in by Dec. 3. No sentencing date has been set.

A third officer, Arthur Tesler, who is on administrative leave, faces charges of violating the oath of a public officer, making false statements and false imprisonment under color of legal process. His attorney has said Tesler expects to go to trial.

All three are named as defendants in the lawsuit.

“I am thankful my aunt's innocence has been proven,” Dozier said in a statement read to reporters. “I am deeply saddened that the city of Atlanta and its chief of police have refused to admit responsibility for unconstitutional policies, lack of supervision and inadequate training of police officers that ultimately killed her.”

Dozier was not present at the news conference.

Beverly Isom, a spokeswoman for Mayor Shirley Franklin, declined to comment on the suit, referring calls to an attorney for the city. The attorney, Jerry De Loach, declined to comment, saying the city had yet to be served with the lawsuit and wanted to review it before responding.

Officer Ronald Campbell, a spokesman for Atlanta police, said, “We are unable to comment on anything because of the legalities of it.”

[erasmus6]

"If the homeowner is prepared, that''''s when the lead will fly!" posted by gunownerdan

Yup, it sure worked this time, didn''t it?

[gunownerdan]

The cause of this whole tragedy is the police using no knock warrants.
Only violent criminal thugs bust through people''s doors without saying anything.
If the homeowner is prepared, that''s when the lead will fly!
My home is my castle.
www.a-human-right.com

[erasmus6]

kailumego1

sorry for the j at the end of your name.

[erasmus6]

kailumego1j

In my country, right now, there is a massive investigation into an incident that happened at the airport, where the police taisered a guy and he died.

These cops and possibly the company that makes the taisers are going DOWN. The PEOPLE are NOT going to let this go. EVERY INCIDENT now, that involves a taiser is going to be scrutinized BIGTIME.

[erasmus6]

"erasmus6 and tuckerndfw why do you continue argue over who''''s at fault..." posted by kailumego1

We have already discussed this story.

And the reason we are still discussing the other story is because tuckerndfw keeps bringing it up.


"The more I read and re-read this story the madder I get, this is a blatant disregard for human life, a total miscarriage of justice, an overt racist attempt to divert their outrageousness onto a helpless old woman, who happened to be black..."

,,,blantant disregard for human life, miscarriage of justice, racism.......That''s the good ole U.S. of A. for ya.


"This is the case that should have made "headlines" nationally and internationally, the topic of conversation on every radio talk show..."

Yes, it should have, but when these types of things are a common occurance in your country and there are so many horrific crimes happening, that this probably doesn''t even top the listas important to a lot of people.

Now if this happened in MY country, it would have been classified as a horrific crime. People would have been OUTRAGED and there would be a massive investigation. The PEOPLE would demand it.

That is the key. It isn''t enough to be outraged, you need to do something about it.

[kailumego1]

erasmus6 and tuckerndfw why do you continue argue over who''s at fault, with the spaced-out drunken woman who inadvertently took her own life, she''s at fault, her family''s in denial, and her husband is a money grubbing megalomaniac.

What does her situation have to do with the 92 year old woman that lost her life, defamed by the police, and had her constitutional rights violated.

The more I read and re-read this story the madder I get, this is a blatant disregard for human life, a total miscarriage of justice, an overt racist attempt to divert their outrageousness onto a helpless old woman, who happened to be black..

This is the "prima facie" case the NAACP, Sharpton, Jackson, United Urban League, considered citizens, etc. should have leaped on the bandwagon, instead of harping on "Jena Six".

This is the case that should have made "headlines" nationally and internationally, the topic of conversation on every radio talk show, Michael Basion should have given this incident more attention than "Jena Six" . Instead of organizing a march to Jena Louisiana, they should have stormed Atlanta, Georgia.

[kailumego1]

How did they miss this one?

Can you image the horror this 92 year old woman went through being assault viciously by the police, gun down like an animal, shot 40 times, where is the OUTRAGE...

Then the police tried to cover up their blunder with planting drugs in her home, and you two, erasmus6 and tuckerndfw, are arguing back and forth over this nonsensical garbage..

Who gives a dam, the family needs to bury their head along with this nonsensical blaming, this woman was a pathological narcissist, a drunken doper, who was selfish and egoistic, along with probably having a personality disorder, that''s her problem..

Here we have an innocent elderly woman, minding her own business when surprise a "storm brigade" of police stampede into her home like wild boars.

Now this is racism with a capital R, because it is no way on this planet, the police, law enforcement, would have ever stormed into an elderly white woman''s home and gun her down like an animal, then turn around and plant drugs, no one, "white" would have ever believed it..

But they''re quick to believe an elderly black woman, age 92, could be a "drug dealing mama", how insane and how racist..

This should have lite a fire under all blacks and whites in America, but it didn''t, because a majority of whites faithfully believed law enforcement and blacks were too busy concentrating their energy on "Jena Six"...

[erasmus6]

Ya know tucker, I think that you are one of those people, that no matter what proof there is against you, YOU ARE ALWAYS RIGHT. You can''t handle being wrong and will never admit to being wrong about ANYTHING. Someone could shoot a video of you doing something and you would still deny you did it.

[erasmus6]

"The fact remains that according to all available evidence, including the bimbo''''s own family''''s investigation, the cops did nothing wrong. (in the Phoenix airport case)" posted by tuckerndfw 7:39 pm Nov.22

Like I said YOU brought it up, not me.

[erasmus6]

"Were you intending to debate the entire issue again?" posted by tuckerndfw

Actually YOU are the one that brought it up to begin with.

[erasmus6]

"...yours and your groups'''' opinions are supported by delusions." posted by tuckerndfw

I don''t belong to any group. There are people that believe that the cops did something to her and there are people that don''t. I have no opinion either way. I have never said that they did anything to her. I have said all along that there is no proof for or against that theory. There is no way of knowing what went on in that room because there was no camera or witnesses.

Now what is the male version of a bimbo? Because that is what you are.

You are saying that this woman was a bimbo because she made, what you consider, to be STUPID mistakes.

Well then you must be the male version because you made the STUPID mistake of marrying a BIMBO, isn''t that right? Or at least that is what you have classified her as.

And now of course you are going to tell me that she was different before you married her. I guess that is what her excuse for marrying you is too, otherwise she wouldn''t have been stupid enough to marry someone like you.

[erasmus6]

"Vacuous" = "stupid"

There is nothing to say she was stupid either.

[erasmus6]

"You claimed I stated there was no possibility whatsoever the police were involved. That is not what I claimed." posted by tuckerndfw


"Phoenix police and the airport are not responsible at all."


You do not make sense. You are stating as a fact that they are NOT responsible. You are contradicting yourself.

So it would be impossible for you to, at the same time, believe that it was possible for them to be involved.

Your statement should have been: " Judging from what evidence I could SEE, I don''t THINK they did anything wrong. BUT because there was no camera in the room, which means a LACK of evidence, it makes it impossible to know that for a FACT.

[erasmus6]

"I cite evidence, your group cites your delusions." posted by tuckerndfw


You say that you are looking at the evidence but because there was no cameras in that holding room there was no evidence to see. So there was no way of knowing what actually went on in that room.

I, because you couldn''t see, was not saying that the cops were guilty, but were open to the possibilities of what could have happened. When you have lack of evidence due to the fact that you could not see what happened, it means that something may or may not have happened.

I did not form any opinion about what happened, I was merely stating that something COULD have happened. You on the other hand stated as FACT that something DIDN"T happen, when you really had no idea because there was no camera in that room.

I think that it is you that is delusional.

[kailumego1]

gunownerdan, you are correct, especially when the planting of evidence costs an innocent person his/her life...

[kailumego1]

This is the type of case Sharpton and Jackson should devote their time and dedication, this story has "merit and teeth".

This is appalling, a 92 year old fatally shot in a botched raid, while police tried to dubiously cover up their felonious behavior by planting drugs, of which I''m quite sure many undeniably faithful self-righteous servants of law enforcement sided with the cops.

This woman''s family should be awarded 100''s of millions, for their lost, the clandestine/surreptitious cover-up, flagrant disregard for human life, the racist over-tones [planting an illegal substance to merit and buttress their blunder], slander/defamation of character, gross negligence, and violation of her Constitutional Rights, e.g. 4th-14th Amendment.

[erasmus6]

tucker

"bimbo" = "stupid woman"

What? You wrote your own dictionary?


Bimbo: slang. A woman regarded as vacuous or as having an exaggerated interest in her s-e-xual appeal.

You have absolutely no idea what this person was like s-e-xually.

[erasmus6]

"Phoenix police and the airport are not responsible at all."
Posted by tuckerndfw at 09:46 PM : Nov 01, 2007

This is also a statement of FACT.

[erasmus6]

"...including the bimbo''''s own family''''s..." posted by tuckerndfw

And HOW MANY TIMES did you state that she was a BIMBO, as a fact, when you don''t know if she was or not? Look up the meaning of "bimbo".

[erasmus6]

"The cops did nothing wrong (in the Phoenix airport case) except in the feverish minds of lunatics." posted by tuckerndfw

Hmmm, that seems to me, to be a statement of fact.