Posted on 09/24/2010 7:57:18 AM PDT by Chet 99
Columbia family sues city over February SWAT raid
The family is seeking damages for the death of their dog and damaged house.
By Steve Cassidy
Published Sept. 24, 2010
A Columbia family filed suit against the city of Columbia, the Columbia Police Department and several police officers Monday for damages related to a February SWAT raid at their home in which their dog was shot and killed.
The family's attorney Milt Harper said Jonathan and Brittany Whitworth are suing the city because police improperly executed a search warrant on their Columbia home.
In February, SWAT officers raided the Whitworth’s home in the 1500 block of Kinloch Court. According to a CPD news release, officers suspected the home contained large amounts of marijuana and drug paraphanelia. The news release stated officers found only drug paraphernalia and a small amount of marijuana residue.
The news release also stated officers shot and killed one of the family’s two dogs and wounded another.
According to the lawsuit, SWAT officers ordered Jonathan Whitworth to the ground, and his wife and their 7-year-old son were ordered to sit in the front entryway of their home.
According to the lawsuit, Brittany Whitworth and her son were in plain sight of the dog that had been killed.
“This undoubtedly caused major trauma to their 7-year-old son,” Harper said. “He had to witness his pet being murdered.”
The lawsuit accuses one of the SWAT team members of kicking Jonathan Whitworth.
Shortly after the raid, The Columbia Daily Tribune requested video of the raid taken by the SWAT team be released as a public record. The video was released and posted online after misdemeanor charges against Jonathan Whitworth were resolved.
More than 1 million people viewed video of the raid on YouTube, and the tape was featured on national news shows such as "The O’Reilly Factor."
“The outrage about the video was due to misconstrued information,” CPD spokeswoman Jessie Haden said. “People began to post it on YouTube and due to the poor quality of video, people imagined things they saw.”
Harper said the basis for the suit is the misconduct exhibited when executing the search warrant, but there are several other reasons for the suit.
“We are seeking a financial award for the damages caused to the Whitworth home, and the veterinary costs of the deceased pet,” he said.
CPD Chief Ken Burton issued a statement about the raid shortly after the video was released, saying the SWAT officers acted within the law, but waiting for days after obtaining a warrant and then using dynamic entry to serve it is unacceptable.
Harper said the department also never apologized to the family for killing the dog.
“The police department did not issue a statement, a call or apologize in any form for its actions,” Harper said. “They did not even acknowledge that they were inappropriate to fire shots into the Whitworth home. They’re lucky they didn’t shoot the child, or even one of their fellow officers.”
Haden said the department never apologized because the Whitworth family never filed a claim with the city.
“If they had come to the city asking for restitutions for damage to their home, veterinary bills and doctor bills for their child, all we would have had to do is clear it with (Chief Burton),” Haden said. “It is very likely that we probably would’ve paid for such nominal damages.”
The Citizens Police Review Board reviewed the case over the summer and decided not to take action. Haden said this was because the CPRB, while reviewing the case, voted 4-3 on multiple occasions that the officers’ actions were proper according to procedure.
I’ll bet that messed up the shine on those jack boots. I’ll bet while they were doing this, someone else was being murdered with no cop around to stop it....nice work coppers.
On this occasion I stand with the FR “I hate cops brigade.” These guys were clearly out of line and I sincerely hope that the family wins a truckload of cash in court.
Missing from the story is the reason for the warrant in the first place. The only mention is a misdemeanor charge, which makes one wonder what is possible for unpaid parking tickets down the road. No-knock warrants for misdemeanor offenses? I shudder.
Remember folks, when the time comes - aim for the head. Just sayin’.
Missing from the story is the reason for the warrant in the first place. The only mention is a misdemeanor charge, which makes one wonder what is possible for unpaid parking tickets down the road. No-knock warrants for misdemeanor offenses? I shudder.
Whyen these SWAT boys come up against so real hardcases they’ll need their diapers changed;shooting family pets and smashing flimsy doors at 3 am is nothing like facing a dtermined ,armed enemy.
The cops behaved properly. It is right on page 1 of The SWAT Manual.
"...officers kitted out in the required 172 black Kevlar items chosen from the back pages of SWAT magazine... will
(a) .... report to the wrong address based on the anonymous report of an informant arrested a week before the planned raid. Front door kick-down is mandatory. Use battering ram on back door.
(b) ...will bring family pets under enfilade fire from automatic weapons, preferably H&K machine pistols, if a WWII Schmiesser is unavailable
(c) .... will confiscate any marijuana apparatus, oregano, or overdue library books
Anyone objecting to SWAT methods is an enemy of the state.
BTW, it is against policy or maybe even the law, to videotape SWAT officers going about their business, which is to protect and serve, Ya got that?
I would rather the family get a stack of badges in their hands from the former SWAT team who can no longer get jobs in the mall patrol.
Totally agree they were out of line. Once a badge and gun is handed to some police they seen to think that, like the bogus TV cops, they can just shoot anything. These cops should be fired, not a truckload of our tax money paying off for their rotten behavior.
Were I these people, I would hire a bevy of the meanest lawyers on the planet and set about to so impoverish the city that the police department and the city administration would require welfare. I can think of absolutely no excuse for this kind of crap.
Restitution should be paid from the personal assets and pension funds of everyone involved including the chain of command who trained or improperly supervised these thugs.
“Haden said this was because the CPRB, while reviewing the case, voted 4-3 on multiple occasions that the officers’ actions were proper according to procedure.”
I wouldn’t be dancing in the aisles if I were the PD.
4-3 is NOT a slam dunk agreeing with their actions.
From the video:
COP: What is your name?
Homeowner: I want an attorney.
COP: I have a right to know your name.
Unreal.
“If they had come to the city asking for restitutions for damage to their home, veterinary bills and doctor bills for their child, all we would have had to do is clear it with (Chief Burton),” Haden said. “It is very likely that we probably would’ve paid for such nominal damages.”
Are you kidding me?? Blame it on the family for not asking?? The police chief should have personally contacted the family and apologized and offered to pay all costs right then... For this police spokeshack to refer to this as “nominal damages” should triple the value of the suit in my mind...
Police are simply out of control in our country... I have nearly been run off the road by speeding police, watch police do California stops through stop signs they routinely have traps at and generally treat the citizens they are supposed to PROTECT AND SERVER as a general nusance...
Considering the source, it probably means that there is far better documented evidence of criminal behavior by the Columbia Police Department than there was by OJ. I'd rather see these thugs behind bars, but since that's not going to happen, I hope the family collects bazillions from the Columbia PD.
What exactly is the purpose served by these “no-knock” searches?
Is it worth the trauma to the citizens and the potential loss of life?
Agreed!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.