By BILL TORPY
The Atlanta Journal-Constitution
Published on: 02/07/07
Fulton County District Attorney Paul Howard will seek criminal charges, including felony murder, against three Atlanta narcotics officers involved in a botched drug raid that resulted in the shooting death of an elderly woman, according to a proposed indictment.
The proposed indictment drawn up by the prosecutor's office names officers Gregg Junnier, Jason R. Smith and Arthur Tesler. Howard accuses them of felony murder, aggravated assault, false imprisonment, burglary, making false statements and violation of oath.
Defense attorney Rand Csehy, who is representing Junnier, said he received an e-mail from Howard's office Wednesday including the proposed indictment and saying the prosecutor would go before a grand jury Feb. 26 to seek charges against his client.
Those three officers were involved in securing a search warrant on Nov. 21 for the home of Kathryn Johnston. Shortly before the raid, Smith told a magistrate he and Tesler had a confidential informant buy $50 worth of crack at 933 Neal Street from a man named "Sam."
But, according to the proposed indictment, no informant went to the house.
Smith's attorney had no comment on the matter, and Tesler's could not be reached.
Eight officers were put on administrative leave after the shooting. The incident prompted an investigation that has included state and federal authorities.
Csehy responded angrily to the threat of an indictment against his client, saying, "It's an overbroad indictment."
He complained Howard's office acted prematurely without consulting with the FBI, which is still investigating.
"Paul Howard is no longer part of a joint investigation," Csehy said. Patrick Crosby, spokesman for the U.S. attorney's office, said Howard had not informed his office about plans to seek indictments.
FBI spokesman Stephen Emmett said, "We did not know this was taking place prior. The FBI has been charged with leading this investigation. And to date, this investigation has not been completed."
Csehy conceded his client may have made mistakes, but he said Junnier didn't commit murder. "There was no malfeasance here. It was sloppy police work," Csehy said. "It was cutting corners."
Lyn Vaughn, spokeswoman for Howard, said the district attorney would not comment on the prospect of seeking indictments. However, Howard expressed outrage over the shooting in a letter this week to Markel Hutchins, spokesman for the Johnston family.
"The death of Mrs. Johnston constitutes one of the greatest tragedies ever to occur in Fulton County," Howard wrote. "I will not rest until every person responsible for her death is held accountable. ...
"When homicides occur in Fulton County, whether committed by a civilian or a law enforcement official, it is the obligation of the District Attorney's Office to take the appropriate legal actions."
On Nov. 21, narcotics officers went to Johnston's home in northwest Atlanta to execute a "no knock" search warrant. Johnston was killed and three officers were injured in an ensuing shootout.
No-knock warrants are frequently issued so police can get inside before suspects can dispose of drugs.
Her friends and family members contended Johnston, who kept the gun for her protection, was a feeble and frightened woman who rarely ventured outside after dark. Her family says she was 92, while authorities say she was 88.
Hearing her door being kicked in, the elderly woman fired on the officers. Officers Gary Smith, Cary Bond and Junnier were wounded by either "friendly fire" shrapnel or by Johnston. No cocaine was found in her house.
Junnier later told federal investigators that officers had lied to a magistrate judge about sending a confidential informant to Johnston's house to purchase drugs in order to get the warrant.
And, if the warrant to enter Johnston's home was based on deceit, all actions that occurred after police broke down the door could be considered criminal, legal experts said.
Junnier and Smith allegedly tried to cover up the botched raid by trying to persuade Alex White, a confidential informant they had previously used, to lie to investigators, according to proposed indictment. White came forward shortly after the shooting to say officers told him to lie and say he purchased crack cocaine at the home.
Police apparently were led to the house that day by an alleged small-time dealer who was arrested nearby on drug charges.
According to a report by Tesler, the suspect "wanted to take us to a house that had a kilo of cocaine. [He] directed us to 933 Neal Street N.W. where a buy of crack cocaine was later made and a search warrant drawn up for that location."
Atlanta police Sgt. Scott Kreher, president of the International Brotherhood of Police Officers, called reports that prosecutors would seek indictments against the officers "sad."
"I think any time law enforcement officer is accused of a crime, we all sit back and wonder what went wrong and look within ourselves in what we do day to day," Kreher said. "Hopefully, if it's presented to a grand jury and there isn't enough evidence, they will send back a no bill."
Johnston's family was angry that Howard was bringing the case to the grand jury, spokesman Hutchins said.
"The family of Kathryn Johnston is extremely unhappy and disappointed with today's turn of events. Mr. Howard's move today of pressing charges would effectively limit the scope of and the potential charges of a federal investigation, and borders on tampering with a federal investigation."
