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| Kathryn Johnston |
CNN link to the story:
. . . it must be a duck or so my grandparents used to tell me. Applying that logic, it would appear that the City of Atlanta is admitting guilt in the case of 92 year-old Kathryn Johnston who was shot to death during a botched drug raid on her home in November, 2006. In announcing the settlement, Mayor Kasim Reed said the settlement was "in no way an admission of guilt on the part of the city". Really?
Lets take a look back at that infamous November night. Officers from the department's Narcotics Unit had gone to Ms. Johnston's home to serve a "no knock" search warrant that was obtained on what was later determined to be falsified affidavits stating that drugs were present in the elderly woman's home. Fearing that her home was being broken into, Ms. Johnston fired one shot at the officers with an old pistol. That shot went through the front door of the woman's home and over the heads of the officers. The officers returned fire striking Ms. Johnston five times. According to testimony given in court the officers fired a combined total of 39 times which, even though the elderly woman had fired on them, was definitely over-reaction on the part of the officers.
Since the raid, Officers Jason Smith, Greg Junnier, and Arthur Tesler have been tried in court and found guilty of:
1. Conspiracy to violate civil rights resulting in death.
2. Voluntary manslaughter (Smith and Junnier only)
3. Making false statements (Smith and Junnier only)
Former officer Smith was sentenced to ten (10) years in federal prison; Junnier six (6) years and Tesler five (5) years. In addition, all three men were ordered to split the cost of Ms. Johnston's funeral ($8,180) and three years of supervised release after completing their jail sentences. My question is, if punitive damages were warranted, why didn't the judge impose them at the time of their sentencing rather than the City deciding to pay them? As I said at the start, if it quacks like a duck. . .
Until next time . . .
Since the raid, Officers Jason Smith, Greg Junnier, and Arthur Tesler have been tried in court and found guilty of:
1. Conspiracy to violate civil rights resulting in death.
2. Voluntary manslaughter (Smith and Junnier only)
3. Making false statements (Smith and Junnier only)
Former officer Smith was sentenced to ten (10) years in federal prison; Junnier six (6) years and Tesler five (5) years. In addition, all three men were ordered to split the cost of Ms. Johnston's funeral ($8,180) and three years of supervised release after completing their jail sentences. My question is, if punitive damages were warranted, why didn't the judge impose them at the time of their sentencing rather than the City deciding to pay them? As I said at the start, if it quacks like a duck. . .
Until next time . . .
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