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Cop gets 4.5 years for lying after fatal drug raid


By JEFFRY SCOTT and S.A. REID
The Atlanta Journal-Constitution

Published on: 05/21/08

An Atlanta police officer convicted of lying to investigators about the Kathryn Johnston shooting was sentenced Thursday to four years and six months in prison, as well as six months on probation.

The sentence, handed down by Fulton County Superior Court Judge Michael Johnson, was close to the maximum of five years in prison.

Police detective Arthur Bruce Tesler, 42, spoke on his own behalf at the sentencing hearing. Earlier this week, he was convicted of lying but acquitted of two other charges stemming from the botched drug raid in which the 92-year-old Johnston was killed in a hail of police gunfire.

"I'm truly sorry for what happened," Tesler said. "I want to do as much as I can to see that it never happens again." Tesler said he hopes the community around Johnston's Neal Street home and her family can heal.

Prosecutors sought the maximum five-year prison term, while Tesler's attorney asked for the minimum one year in prison.

Johnson's courtroom was packed to overflowing, with Atlanta Police Chief Richard Pennington and activist Al Sharpton among the onlookers.

Pennington testified, telling Johnson the high-profile case has had "a tremendous effect on the department," including demoralizing officers and prompting him to disband a narcotics unit involved in the raid.

In addition to Tesler himself, the detective's wife and father-in-law also spoke on his behalf.

Critics of the split jury verdict called for a tough sentence, and for federal prosecutors to pursue separate charges.

After the sentencing, a small but vocal procession of about eight people walked toward the federal courthouse a few blocks away, where they planned to seek a meeting with U.S. Attorney David Nahmias to press their demand. They included State Sen. Vincent Fort, State Rep. Mable Thomas and Derrick Boazman, a former city councilman-turned-radio host. "No peace, no justice," the group chanted.

Thursday afternoon, Nahmias released a statement saying his office "will carefully evaluate the relevant law, evidence, and federal policies and will determine, as expeditiously as possible, whether a federal prosecution should be pursued."

Others appeared largely satisfied with the sentence.

Markel Hutchins, a community activist who has been a spokesman for Johnston's family, said the prison term is a "measure of justice," adding he plans to meet within the next few days with federal officials to determine what further steps might be taken.

"We think (the sentence) is a step in the right direction and will help bring healing to the family and community," Hutchins said.

"The thing that this trial revealed is that Arthur Tesler certainly was a criminal, but the real culprit in this was flawed policies (and) procedures and a history of misuse of confidential informants. To the extent this can be used to weed out the problem, we think this is a victory."

Tesler was one of three officers charged in the Johnston case. The other two, Gregg Junnier and Jason R. Smith, pleaded guilty to involuntary manslaughter as well as to federal charges of violating Johnston's civil rights. All three officers are white; Johnston was black.

Tesler could have faced 20 years in prison if convicted of all three charges, but the jury decided he was not guilty of violating his oath or false imprisonment related to his role in the raid.

Johnston was fatally shot after she fired at police as they burst into her residence using a "no-knock" warrant. Tesler, stationed at the rear of the house, fired no shots but admitted in court that he participated in a cover-up of the illegal warrant and of the planting of narcotics in the house to hide the wrongdoing.

After the hearing, Pennington said the judge "did what he thought was appropriate" and pledged that the police department will "continue to monitor community concerns" in addition to steps already taken.

Sharpton said the sentence sent a strong message, but that more needs to be done.

"I think the trial brought out what we've been saying for years, that there's a corruption problem," Sharpton said