Posted on 12/18/2014 11:03:27 PM PST by Slings and Arrows
Alecia and Bounkham Phonesavanh never imagined their family would be at the center of a controversy over the militarization of police. But that’s exactly where they found themselves when their toddler was seriously injured by a SWAT team, also leaving them with a $1 million medical bill they have no hope of paying.
“They messed up,” Alecia Phonesavanh told ABC News' "20/20." “They had a faulty search warrant. They raided the wrong house.”
In the spring of 2014, the Phonesavanh’s home in Janesville, Wisconsin, was destroyed by fire. Homeless with four young children, they packed one of their last remaining possessions – their minivan – and drove 850 miles to the home of Bounkham’s sister in Cornelia, Georgia.
The family crowded into a former garage converted into a bedroom: parents Bounkham and Alecia, 7-year-old Emma, 5-year-old Mali, 3-year-old Charlie and 18-month-old Bounkham Jr., known as “Bou Bou.” It was a tight squeeze but only temporary. After two months the family had found a new house in Wisconsin and was planning to return home.
At approximately 2 a.m. May 28, the family awakened to a blinding flash and loud explosion in their bedroom. A Special Response Team (aka SWAT team) from the Habersham County Sheriff's Office burst unannounced into the bedroom where they were sleeping. According to police reports, Habersham Deputy Charles Long threw a “flash-bang” grenade – a diversionary device used by police and military – into the room. It landed in Bou Bou’s pack-and-play.
“Bou Bou started screaming,” recalls Alecia Phonesavanh. “I immediately went to grab him.”
But Alecia says Habersham Deputy Jason Stribling picked up the child before she could reach him. “I kept telling him, ‘Just give me my son. He's scared. He needs me. The officer wouldn't. And then he walked out of the room...
(Excerpt) Read more at news.yahoo.com ...
The use of the baby’s crib as a door block is the one undisputed fact of the case.
The baby was in the door blocking it at the time which is why baby was injured with the flash bang .
So you’re OK with cops tossing “flash-bang” grenades into a house where small children are known to be? To arrest some low-level meth head?
Just so we’re clear, are you calling for the assassination of a judge (James Butterworth) and a law enforcement agent (Nikki Autry)?
You support flash-band raids based on unreliable informants and where double checking to make sure whom the cops are after is not done?
Oh, I would never advocate any such thing. First off, a poster I was responding to was speculating that if it happened to him, it would be hard to not be tempted to kill some officers. Speculation that would never apply, hence would never happen. By another party. Secondly, those named persons resigned or retired, and are no longer an agent or judge. So there is no case there. Nope, none at all. One thing you learn in this world son, is to never implicate yourself.
In a just world, the money would come out of the police pension fund.
Of course there is more here that meets the eye and probably than what got in the paper.
What IS known is that the officer resigned, the judge who issued the warrant announced retirement, and the unit responsible was disbanded the day 20/20 showed up to tape. All of that is in the story.
You said “alleged the crib was being used as....” Who alleges that? Who alleges the family burned down their house cooking meth? There were also claims by the PD that the informant alleged there were “guards” standing outside the house. Where were they when SWAT showed up? Were they, was anyone arrested on scene?
To add insult to injury, Habersham County is hiding against a state immunity law and not even paying the medical bills (they call it a gratuity).
I’ll tell you this. When this case does go to trial, Habersham County and/or all the officials involved will pay dearly for this. A jury is not going to be “gratuitious” to them.
What crime did the baby commit? When was his trial?
Too many playing video games before going out on patrol - to think about consequences of their actions...Standards in LE have dropped to an all time low - those that would make great officers are seeking employment in other professional areas and staying away from LE all together...there are some good officers out there...but they aren’t taking risks and find themselves isolated from the rest of the bunch...
Wrong house...what ever happen to “leader-recon” first and confirmation???
Time for an aggressive lawyer - as in rabid attack dog.
A pit bull with AIDS - or maybe the guy who gave it to him.
Flash bangs - as i was trained and used them - are for a room of people who may pose a threat and ARE FULLY AWAKE - so when it does go off - it disorients them so the team can move in...when people are FULLY ASLEEP - it is not needed - do to the element of surprise and people trying to wake up...
all these Call of Duty video games that are played don’t show the consequences of stupid decisions...just click on “restart” and away we go...LEROY JENKINS!
“Don’t blame the cops, blame the criminals.”.........
At last, somebody gets it.
In this type of situation, the police would only have to have a proper warrant, surround the house and knock on the door.
If perchance whatever drugs. That might be there, gets flushed down the toilet could be caught by flushing the sewer system.
So you would support the police using SWAT tactics against those with unpaid fines as well?
They are criminals too.
Sounds like the sheriff is in CYA mode and CNN is carrying his water. I did notice CNN keeps saying that he was "not at the home" - not that he wasn't "home" at the time. No drugs were found at the house, but the nephew was found at another house and arrested.
It shouldn’t come from Habersham County. All settlements should be paid from the police pension fund.
The no knock raid except in a true hostage situation should be strictly forbidden especially at night when innocents are sleeping. All this No Knock RAMBO COP crap started when property confiscations were made law. 0300 am is not a good raid time. It is a disaster waiting to happen.
Yes cops have a tough job but No Knock Raids especially at night are out of hand. This seems more like piss poor detective work lead to a piss poor outcome. If they knew enough about the house {which obviously they didn't} they would have known kids were there. IOW a spur of the moment because an informant allegedly made a drug buy which innated a raid based on the word of an informant.
Gee so if I called in and said my neighbor was selling crack to get even for his dog crapping in my yard I could get his door bashed down in the middle of the night? BTW this same kinda crap dropping a dime to CPS can get a neighbor who made you mad a few official welfare check visits, your kids, your neighbors questioned about you, and lots of questions for you as well. Oh and caller doesn't have to give their name. Confidential informants is not proper police work. It's a clue but should not be the sole basis for a warrant.
One other thing. If the visiting couple had burned down their home in another state a wee bit of detective work could have proven that in a few hours time. Not saying it did or didn't just saying it don't add up. CPS would be on them to grab the kids like flies on stink and a warrant issued for them.
If criminals were inside they deserved arrest coming to them. But the one wanted wasn't there again pointing a lack of stake out to determine suspects location and determine who was in the house to start with. SWAT TEAM has replaced good old fashioned detective and undercover work and the results have far more chance of adversely effecting innocents even endangering them especially when informants give wrong addresses..
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