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Ex-Atlanta cops sentenced in deadly botched raid
FoxNews ^ | February 24, 2009 | KATE BRUMBACK

Posted on 02/24/2009 1:17:43 PM PST by rednesss

ATLANTA — Three former Atlanta police officers who each pleaded guilty to a federal conspiracy charge in connection with the death of an elderly woman during a botched drug raid were sentenced Tuesday to federal prison.

Jason R. Smith, Gregg Junnier and Arthur Tesler received sentences ranging from five years to 10. Kathryn Johnston, 92, was killed by police gunfire during the 2006 raid at her home.

(Excerpt) Read more at foxnews.com ...


TOPICS: Chit/Chat; Society
KEYWORDS: banglist; donutwatch; jbt; kathrynjohnston; swat
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To: rednesss

TITLE 18 > PART I > CHAPTER 13 > § 242

Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


21 posted on 02/24/2009 1:57:05 PM PST by patton (America is born in Iceland, and dies in California)
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To: Natural Law

Careful, I predict that you will be accused of being a pothead in 3, 2, 1.......


22 posted on 02/24/2009 1:57:23 PM PST by rednesss (Fred Thompson - 2008)
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To: patton
"shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."

Some here think that 5 years is sufficient. With time off for good behavior. Maybe they should even continue to receive their salaries while incarcerated.

23 posted on 02/24/2009 1:59:21 PM PST by rednesss (Fred Thompson - 2008)
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To: rednesss

And you are correct. The USSC says “you take yours victims as you find them” - if she had merely died of fright, they would all be guilty of murder.


24 posted on 02/24/2009 1:59:28 PM PST by patton (America is born in Iceland, and dies in California)
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To: rednesss

I wonder if her friends and relatives were allowed to be heard prior to sentencing?


25 posted on 02/24/2009 2:01:19 PM PST by takenoprisoner
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To: patton
"And you are correct. The USSC says “you take yours victims as you find them” - if she had merely died of fright, they would all be guilty of murder."

Apparently there's some invisible ink in those statutes, subsection (1)(c) says that there is an exception if you have a badge, and shall be given a slap on the wrist and a sternly worded admonishment.

26 posted on 02/24/2009 2:01:40 PM PST by rednesss (Fred Thompson - 2008)
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To: rednesss
"Careful, I predict that you will be accused of being a pothead in 3, 2, 1......."I'm not worried, I've got plenty of Freep-cred. I am college educated, a grandfather, and combat vet. I am an NRA member and have never voted democrat. I've never tried the stuff, but I did watch my parents destroy their lives and those of several of my siblings through the abuse of legalized drugs (alcohol). I have also seen the vast majority not abuse alcohol so I know the problem is with the individual, not the substance.
27 posted on 02/24/2009 2:07:54 PM PST by Natural Law
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To: Natural Law
"so I know the problem is with the individual, not the substance."

Blasphemy!!! Heretic!!! You call yourself a conservative?????

28 posted on 02/24/2009 2:14:30 PM PST by rednesss (Fred Thompson - 2008)
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To: txnativegop

“cats with mental problems “

Redundant.


29 posted on 02/24/2009 2:22:19 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: rednesss
"You call yourself a conservative?????"

I have never understood how the war on drugs, or the restriction of any personal behavior that does not directly harm another, can be interpreted as a conservative position. How do you think the founders would view modern law enforcement?

30 posted on 02/24/2009 2:22:43 PM PST by Natural Law
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To: KrisKrinkle

I just didn’t want to insult any Freepers who are devout cat owners. They can get as testy as their cats at times. LOL!!


31 posted on 02/24/2009 2:23:54 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: txnativegop
"I just didn’t want to insult any Freepers who are devout cat owners."

For clarity, I recognized the redundancy because I have lived much of my life as a devout cat owner servant. :)

32 posted on 02/24/2009 2:32:19 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Natural Law
"How do you think the founders would view modern law enforcement?"

As the "standing armies" they warned about.

33 posted on 02/24/2009 2:38:40 PM PST by rednesss (Fred Thompson - 2008)
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To: patton
Actually, the federal code for deprivation of rights under color of law while armed call for a minimum of 10 years, maximum death, I think.

I'd be OK with the maximum sentence for every officer involved. Just Following Orders was not considered an excuse for Nazis, and we should hold ourselves to at least as high a standard.

34 posted on 02/24/2009 2:40:39 PM PST by magslinger (I talk to myself but sometimes I like a third opinion.)
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To: rednesss
"so I know the problem is with the individual, not the substance."

Blasphemy!!! Heretic!!! You call yourself a conservative?????

I know your /sarc was omitted because personal responsibility is Conservatism.

35 posted on 02/24/2009 2:46:07 PM PST by magslinger (I talk to myself but sometimes I like a third opinion.)
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To: magslinger

Perhaps - I wasn’t on the jury, so I don’t know the details.

It is interesting that they were all three sent to prison.


36 posted on 02/24/2009 2:46:40 PM PST by patton (America is born in Iceland, and dies in California)
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To: patton
"Perhaps - I wasn’t on the jury, so I don’t know the details."

I don't think there were juries on 2 of them at least at the state level, the plead guilty to a sweeeeeeeeeetheart plea bargain. You know from their buddies in the DA's office.

37 posted on 02/24/2009 2:50:16 PM PST by rednesss (Fred Thompson - 2008)
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To: rednesss

Which would explain the short sentences...

sigh.


38 posted on 02/24/2009 2:52:30 PM PST by patton (America is born in Iceland, and dies in California)
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To: patton
"Which would explain the short sentences..."

Well you can't let the masses get all uppity and start expecting that cops will be treated like every other citizen. Did you know that they have hard jobs??? It isn't easy to murder a 92 year old woman in her own home, that takes work! And lots of donuts.

39 posted on 02/24/2009 2:59:02 PM PST by rednesss (Fred Thompson - 2008)
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To: rednesss

I got the point of the analogy. And I think that the guy who never fired a shot and was out back covering any escape route of what was supposed to be the house of a drug dealer doesn’t deserve to full sentence. You disagree. Fine by me.


40 posted on 02/24/2009 2:59:37 PM PST by theDentist (Qwerty ergo typo : I type, therefore I misspelll)
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