Cop Sentenced in Drug Raid That Killed 92 Yr-Old Woman

[mlr710]

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

[JamieC]

I truly feel bad for this womans family because she was probably someones grandmother and great grandmother.

*Don't forget to add LINKS to Front Page News Stories!!!

[DBlack]

He got off easy. What about obstruction of justice, accessory to murder or homicide?

[JamieC]

Originally Posted by DBlack

He got off easy. What about obstruction of justice, accessory to murder or homicide?

DBlack, You know, I know and everybody else knows that there will never be any peace until GOD is sitting at the conference table. Things seem to be getting so bad now it's a mind blower. Marvin Gaye said it best with "Mercy Mercy Me" and "Inner City Blues".

[Istlota]

Originally Posted by DBlack

He got off easy. What about obstruction of justice, accessory to murder or homicide?

I was thinking along the same lines. Who ever wrote this story stressed, over and over again, that five years was the maximum sentence, which is pure b.s. and proves, once again, that the press is in on the game.

If the cops caught me robbing a liquor store, and during the arrest my partner shot one of the police dogs, I would have gotten more time in prison than Tesler even though, unlike Tesler's case, no little old ladies were killed and, unlike Tesler, I did not plant drugs on the dog.

Tesler should have gotten life imprisonment, in the same cell as a 7 foot, 350 lb serial rapist who goes by the name of Dorothy.

[mlr710]

Originally Posted by DBlack

He got off easy. What about obstruction of justice, accessory to murder or homicide?

I say what about a whole slew of people that had to be involved from getting the false warrant, making an informant lie, the self inflicted wounds after the shooting, and trying to cover up everything. No way its just 3 officers that need to pay for this. That woman lived 92 years - nine decades, after all that she has seen in her lifetime, to get to 92, and she leaves this earth gunned down in her own home by the people her tax dollars pay to protect and serve.

[mlr710]

Originally Posted by Istlota

I was thinking along the same lines. Who ever wrote this story stressed, over and over again, that five years was the maximum sentence, which is pure b.s. and proves, once again, that the press is in on the game.

If the cops caught me robbing a liquor store, and during the arrest my partner shot one of the police dogs, I would have gotten more time in prison than Tesler even though, unlike Tesler's case, no little old ladies were killed and, unlike Tesler, I did not plant drugs on the dog.

Tesler should have gotten life imprisonment, in the same cell as a 7 foot, 350 lb serial rapist who goes by the name of Dorothy.

5 years is the maximum for what he was found guilty of. The jury only convicted him of the obstruction charge.

[Istlota]

Originally Posted by mlr710

5 years is the maximum for what he was found guilty of. The jury only convicted him of the obstruction charge.

And, who got to decide which crimes he would be tried on? The same people who need the coooperation of cops to convict non-cops.

The entire Criminal Justice System is a self fulfilling prophecy, intentionally designed to maintain the current balance of power. Every now and then, it manages to levy justice befitting the crime, but its Prime Objective is to work in harmony with the police and politicians to force the will of the few upon the many.

This will continue until the many grow a set and refuse to be pushed around by the few.

[mlr710]

Originally Posted by Istlota

And, who got to decide which crimes he would be tried on? The same people who need the coooperation of cops to convict non-cops.

The entire Criminal Justice System is a self fulfilling prophecy, intentionally designed to maintain the current balance of power. Every now and then, it manages to levy justice befitting the crime, but its Prime Objective is to work in harmony with the police and politicians to force the will of the few upon the many.

This will continue until the many grow a set and refuse to be pushed around by the few.

There were three charges, the jury acquitted him on violation of oath and false imprisonment. I was listening to an attorney comment on this case yesterday and she made the point that the D.A. did the right thing in just bringing those three charges because if the jury acquitted on those two, they would have acquitted on any charge that directly or indirectly led to Ms. Johnson's death based on the fact he didn't know the warrant was a fraud.

I don't have a problem with his sentence. I have a problem with the fact that only 3 individuals will serve time. There were 5 individuals that lost their jobs, but it wasn't made public who those individuals were. There had to be more people with knowledge of the false warrant and the cover-up, and who knows how many other citizens have suffered from the same tactics by this unit.

[The Dragon]

I'm shocked they sentenced him at all. Just shocked....but of course you would get more time if you killed a police dog.

I bet he won't do no four years...