Posted on 08/17/2008 12:46:00 PM PDT by ellery
Armed with a battering ram and shotguns, Buffalo police looking for heroin broke down the door and stormed the lower apartment of a West Side family of eight.
The problem is that the Wednesday evening raid should have occurred at an apartment upstairs.
And, that’s only the tip of the iceberg, according to Schavon Pennyamon, who lives at the mistakenly raided apartment on Sherwood Street with her husband, Terrell, and six children.
Pennyamon alleges that after wrongly breaking into her apartment, police proceeded to strike her epileptic husband in the head with the butt end of a shotgun and point shotguns at her young children before admitting their mistake and then raiding the right apartment.
She says she’s left with a broken door, an injured husband, jittery children and — what bothers her most — still no apology from police.
“They know they did something wrong and they were still ignorant,” said the 29-year-old Pennyamon. “At first, I just wanted an apology. Now, because they want[ed] to be ignorant and rude, I have to take it to the next level.”
She filed a report with the department’s Professional Standards Division and also contacted Mayor Byron W.
Brown about the incident. Pennyamon said Friday evening she also has retained a lawyer and intends to pursue legal action.
Police brass acknowledge that officers with the Mobile Response and Narcotics units entered the wrong apartment.
“As the officers were in the lower apartment, one of the detectives reviewed the search warrant application and realized it was for the upper [apartment],” said Dennis J. Richards, chief of detectives.
“It appears to be an honest mistake and we certainly apologize to all involved,” added Michael J. DeGeorge, Buffalo police spokesman.
Police declined to comment, however, on Pennyamon’s allegations of assault and other police impropriety. The internal investigation with the Professional Standards Division is now under way to determine exactly what happened.
“We wouldn’t be comfortable discussing the internal investigation,” Richards said. “We can say comfortably that over 1,100 search warrants were executed last year and 580 to date this year and that, with such a high volume and such a fast-paced environment, it is understandable that mistakes could happen.”
Pennyamon remains unconvinced it was a mistake. She says officers told her they had “raided the house before” and she believes they felt entitled to do it again — warrant or not.
“The way they make it seem is ‘we can do whatever we want,’ ” she said.
Pennyamon’s troubled by what she says is an arrogance by police officers and an unwillingness to “serve and protect” those who need it.
“It’s a sad situation. I’ve always looked up to the police. I’ve always expected them to be on my side.”
Pennyamon was called home from her job as a certified nursing assistant at a local health care facility at about 6:30 p. m. Wednesday to find police at her house, her children partially dressed on the porch and her husband — a U.S. Air Force veteran — injured. She said police were rude and unapologetic.
It was a harsh welcome to the neighborhood for the family. They’ve only lived at the apartment on Sherwood Street, on the far West Side just south of West Ferry Street, for two weeks after she says they moved from the East Side to escape crime. Now, Pennyamon said, the family already is looking to relocate again.
“I don’t know what was going on upstairs, but it gives police no right to bust in my doors,” she said. “That’s just ridiculous.”
Richards said police protocol dictates that search warrants are executed by police first announcing their presence and then quickly and forcefully entering a property with guns drawn for their own protection.
“Police have been faced with fortified doors and windows. In numerous locations, they’ve been met with individuals armed with weapons or attacking animals,” he said.
Pennyamon said the event left her husband with physical injuries and left a lasting impression on the children.
She said her husband, Terrell, suffered a dislocated arm after he was yanked up by police during the raid and is expected to return to his doctor Monday to possibly have glass — left behind by the door window police broke to get into the apartment — surgically removed from his foot.
Pennyamon’s 5-year-old daughter now sleeps with her.
“My 12-year-old and 6-year-old don’t want to be home at all,” she said, adding that her younger children cower or run to the back of the house when they hear anyone approaching.
“ ‘That’s the police,’ they say,” Pennyamon said.
Police said no arrests were made in the subsequent raid at the upstairs apartment.
That thought wreaks of the terrorist mind set that they could attack and be free from attack if they sheltered themselves in a Mosque or their house.
Nope, for good cause I do believe it is common sense that the founders would allow law enforcement entry to chase bad guys.
How about a guy who's been raping women or children?
How about a drug smuggler?
There needs to be more caution taken as shown by this circumstance.
Even if there is a right to go in with good intentions, we still need to use the brain God gave us to avoid going in the wrong door. That was terrible.
It’s a shame that a few LEOs can’t read an address. It makes them all look like idiots.
Hopefully the city will come through with proper reimbursement and a profound and sincere apology.
They are concerned when they go through a door and do not know what is the situation on the other side.
I DO condemn the stupid mistake and the joker who blew this should be considered for retirement.
Doesn't seem that difficult to differentiate between lets say 202 and 602.
I’ve read a few stories like this in the last 5 years.
I know they must conduct 30 raids like this a day around the country.
Out of thousands a year, you believe we have a thousand similar mistakes and none of the rest are making the news because the main stream news just loves law enforcement?
That is why the respect issue has to go both ways. Aside from this SWAT stuff trashing the Posse comitatus doctrine, the civilians affected will only have fear and contempt afterwards, winning the lottery or not.
Respect also begins with respect for the people paying the LEO's wages. This starts by little things like READING THE ADDRESS, and not using plea-bargaining junkies as reliable sources, nor declaring Open Season on household pets.
This has to stop or it will be stopped one way or the other, even if it is something as peaceful as utterly bankrupting municipalities.
It's also time to end this stupid "War On Drugs". I remember before it started....we really did not have a major drug problem. Now we do. Just like we really did not have a major poverty problem in this country before the stupid "War On Poverty" started. Now, after pouring billions down rat holes from L.A to Philly.....we have a major poverty problem.....and have destroyed the family structure of one of our ethnic groups.
The Federal Government should coin the money, defend the shores, maintain foreign embassies and obey the tenth amendment. Instead of throwing more billions down rat holes they should allow free citizens to purchase their drugs and associated paraphernalia from Thrifty, CVS and Rite Aid..... instead of dealing with the Bloods and the Crips.
If Nebraska wants to make drugs illegal....fine. Vote it in....and then all the drug pushers will move to Nebraska where they can make obscene profits. Then the folks here in California could get their marijuana weekend high for about the price of a six pack of Coors.....and their drugs, manufactured under strict pharmaceutical standards, would be much safer.
No....I don't use drugs (never have) nor do I advocate their use by others. What I do advocate is a return to limited Constitutional government.
We never learn from history....we continue to make the same stupid mistakes and elect the same stupid people. Congressional term limits would be a good start.
No, the law that allows law enforcement to use such tactics in ordinary circumstances violates our rights and needs to be put to a stop immediately.
Looking at that map which represents almost a quarter of a century all things in all states, I think there have been relatively FEW raids on an innocent suspect.
The innocent ones (don’t know if they were mistaken in addresses though) add up to only 2 a year.
That is not an assault on America.
There were quite a few MORE deaths and injuries of police officers in the line of duty than I though though.
unfortunately, you almost do....
Another victory in the War On Drugs. Unfortunately, the victory is against our way of life.
Hope they sue...and end up owning Buffalo.
...WAIT....strike that....that’s no prize.
Really? Does your coveting monetary judgements really cause you to forget that people's lives are lost in these raids? Do you really think that someone thinks "my spouse is dead, but its ok because I got a half million dollar judgment"?
Nothing has given greater license for corruptuion to thug politicians and law enforcement goons than the war on drugs. The theft of private property, if ever publicized in its totality, would be stunning. A neighbor across the street in a 1st class neighborhood lost his home to RICO after renting for 6 months to drug dealers. After 2 years of litigation and God knows how much money, it was finally returned. Our criminal public servants enriching themselves at the expense of the public...as usual.
Besides being a bunch of dumbasses, what is the “Mobile Response and Narcotics units”? I’d bet the farm it is a loosely run SWAT team on the Buffalo Police Dept.
Everyone knows that Buffalo is a crime infested hellhole and needs a Swat TEam. As does every other govt. agency like the D.O.T. & the Transportation & Road depts.
I’m just surprised the Education dept. in your local school system doesn’t have one of these damned jack booted thug depts.
Probably an unidentified tip.
Old dumped girlfriend
Only in a sane world. In this one, they'll get commendations for showing restraint...
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