The Case of Cory Maye

A cop is dead, an innocent man may be on death row, and drug warriors keep knocking down doors.

Radley Balko from the October 2006 issue

(Page 6 of 7)

“Informants are an important tool in police work,” says Peter Christ, a retired police captain with some 20 years of narcotics experience. Christ also co-founded Law Enforcement Against Prohibition, an organization of ex-cops opposed to the drug war. “But when you use them to investigate consensual crimes, you invite all sorts of problems. You tell a suspect, ‘You’re facing 20 to life unless you help us out.’ Common sense says that’s more motivation to make something up than a sound way of obtaining reliable information.”

With so many deployments using such violent, confrontational tactics based on often flimsy information, it’s not hard to see how tragic mistakes might happen. And they do. The death of Ron Jones is just one of dozens of unnecessary deaths that overly aggressive drug searches have produced since the mid-’80s. The list of fatalities from botched drug raids includes not only police officers such as Jones but bystanders, wrongly targeted innocents, and harmless, nonviolent drug users.

In 2000 drug cops in Modesto, California, accidentally shot 11-year-old Alberto Sepulveda in the back of the head at point-blank range during a botched raid on the boy’s home. In 2003 police in New York City raided the home of 57-year-old city worker Alberta Spruill based on a bad tip from an informant. The terrified Spruill had a heart attack and died at the scene. Last year Baltimore County police shot and killed Cheryl Lynn Noel, a churchgoing wife and mother, during a no-knock raid on her home after finding some marijuana seeds while sifting through the family’s trash.

There are dozens more examples. And a botched raid needn’t end in death to do harm. It’s hard to get a firm grip on just how often it happens—police tend to be reluctant to track their mistakes, and victims can be squeamish about coming forward—but a 20-year review of press accounts, court cases, and Kraska’s research suggests that each year there are at least dozens, perhaps hundreds, of “wrong door” raids. And even when everything goes right, it’s overkill to use what is essentially an urban warfare unit to apprehend a nonviolent drug suspect.

Criminal charges against police officers who accidentally kill innocent people in these raids are rare. Prosecutors almost always determine that the violent, confrontational nature of the raids and the split-second decisions made while conducting them demand that police be given a great deal of discretion. Yet it’s the policy of using volatile forced-entry raids to serve routine drug warrants that creates those circumstances in the first place.

Worse, prosecutors are much less inclined to take circumstances into account when it comes to pressing charges against civilians who make similar mistakes. When civilians who are innocent or who have no history of violence defend their homes during a mistaken raid, they have about a one in two chance of facing criminal charges if a policeman is killed or injured. When convicted, they’ve received sentences ranging from probation to life in prison to, in Maye’s case, the death penalty.

It’s a remarkable double standard. The reason these raids are often conducted late at night or very early in the morning is to catch suspects while they’re sleeping and least capable of processing what’s going on around them. Raids are often preceded by the deployment of flash-bang grenades, devices designed to confuse everyone in the vicinity. While narcotics officers have (or at least are supposed to have) extensive training in how to act during a raid, suspects don’t, and officers have the advantage of surprise. Yet prosecutors readily forgive mistaken police shootings of innocent civilians and unarmed drug suspects while expecting the people on the receiving end of late-night raids to show exemplary composure, judgment, and control in determining whether the attackers in their homes are cops or criminals.

The raid on Cory Maye’s apartment wasn’t exactly like the usual paramilitary assault. Most notably, it was conducted not by a trained and seasoned SWAT team but by a small group of mostly untrained officers. Jones himself had little experience in warrant service and in fact was taking classes in narcotics policing at the time of the raid. But in many other respects, the operation had the elements of a typical botched drug raid, including a questionable lead from a confidential informant with little follow-up investigation, a rubber-stamp warrant approval by a local judge, unnecessarily violent and confrontational “dynamic entry” tactics, and the use of such tactics against a home with a child inside.

‘If We Don’t Take a Stand…’

After Maye was sentenced to death, his family fired Cooper and asked Evans to return to the case and handle Cory’s appeal. Evans agreed.

In December 2005, as Evans was preparing Maye’s appeal, he received a phone call from Prentiss Mayor Charlie Dumas, who is close to Officer Ron Jones’ family. Dumas told Evans that several of the town’s aldermen had expressed concern about his decision to handle Maye’s appeal. Although representing an indigent defendant on appeal was Evans’ job as the town’s public defender, Dumas told Evans he could lose that job if he continued to act as Maye’s attorney. Evans ignored the threat.

Six weeks later, in January 2006, Dumas called Evans with the news that Prentiss had fired him as its public defender. Evans says Dumas explicitly cited his representation of Maye as the reason for his termination. “I have officially been Prentiss public defender since February 1995, and unofficially for several years prior,” Evans says. “During that time there hasn’t been a single official complaint communicated to me about my performance.”

Dumas told me in a phone interview that his conversations with Evans were private, and that I should ask the town’s aldermen why they fired him. Sylvia Ward, the only alderman to return my calls, said she wasn’t allowed to give the reason, and suggested I get a copy of the minutes from the meeting. The minutes only note the motion to fire Evans, which was passed unanimously. They offer no reason for the motion.

As of this writing, Maye is awaiting a hearing at which the trial judge will rule on his defense team’s motions for a directed “not guilty” verdict or a new trial. The hearing will likely take place in the fall. If Maye is not successful there, he will get a direct appeal to the Mississippi Supreme Court and, if that also fails, begin his federal appeals process.

Hope for a pardon or clemency seems dim. Aides to Gov. Haley Barbour, a Republican, have indicated both publicly and privately that Barbour doesn’t believe in pardons or clemency, even for people he thinks are innocent. Apparently he doesn’t even bother to read pardon petitions. Of course, there’s a chance that someone else will occupy the governor’s mansion by the time Maye nears an execution date.

Comments

|10.10.09 @ 2:53AM|#

excellent article, both compelling and documented, you're a credit to the field of writing.

Ratko|12.9.09 @ 5:08PM|#

You said it, Steve, spot on.

Radley's articles almost always inspire thought, and can be credited for changing some of my long held opinions and beliefs.

One such opinion was that of our justice system, it's not perfect, but despite the fact my core system of values dictates that should one man suffer unequal treatment the system is not just, I was willing to accept it as is. It's not acceptable, with so much power in the hands of so few, and little oversight by the rarest creature of all, the authentic watchdog, there is little incentive to make it acceptable.

Back home in Phoenix, I knew a Cory who is Black. He too shot and killed a cop in a botched bust involving illicit drugs.

Both Corys faced similar charges, but the one I knew had a prior record and was found not guilty. It was an undercover narcotics officer his case, he was apparently making the bust without first announcing he was a law officer he attempted to draw his firearm, an action that resulted in his death.

Phoenix Cory was unaware he was dealing with a police officer, so assumed he was being shot. His reaction was to counter draw his pistol in an attempt to fire first, he was successful.

The mistakes made by the state didn't end there, they continued, one was withholding the name and identity of the man he had killed as a police officer until just prior to his trial.

Ultimately his action in the shooting was deemed justifiable. Sometimes, as in this case the system works.

Other times, as in the case of the other Cory, it's nothing more than a human being's fate being decided by the spin of a rigged wheel of misfortune.

The 21st century and this is the best we can manage? "..a boot stamping on a human face.." How much longer until the face won't have to be our very own before we can realize the serious consequences of allowing such an action. We better wake up soon, once we pass the point of no return, our power to influence these matters has ended - forever.

Pingback| 11.17.09 @ 3:11PM

Twitter Trackbacks for The Case of Cory Maye - Reason Magazine [reason.com] on Topsy links to this page. Here’s an excerpt:

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…Crack rock, rolling paper, switchblade | Main | November 17, 2009 All Libertarians Only Care About Taxes and White People By Mona Everyone “knows” that, right? Well Radley Balko’s Pulitzer-worthy journalism was the sine qua non of this. Or at least, his publicity-generating investigations mean that Cory Maye will now have a superb defense team. (And for those who may not know, Maye is an…

Pingback| 11.19.09 @ 2:43AM

Why you should care about Cory Maye and Cameron Todd Willingham » North by Northweste links to this page. Here’s an excerpt:

…Writing Politics Multimedia Magazine RSS Why You Should Care / Nov. 18, 2009 at 11:20 pm Why you should care about Cory Maye and Cameron Todd Willingham By Matt Zeitlin It’s hard to imagine a more depressing story than that of Cory Maye. In September, 2001, when he was just 21 years old, Maye fell asleep on the couch of his duplex in Prentiss, Mississippi. Hours later, armed men assaulted his home and burst into his…

|11.21.09 @ 1:32AM|#

This is absurd, self defense is a god given right, this cop crossed the line, and got what he had coming. I've got nothing against cops per-say, but when they use Nazi tactics, and lose, justice turns pervert. It's not even justice anymore, our system is so corrupt, and one sided, you are NOT presumed innocent,until you can prove it beyond doubt, any doubt. The second one sets foot in a courtroom, they're guilty, and the court is prejudice.

|11.21.09 @ 1:37AM|#

This is absurd, self defense is a god given right, this cop crossed the line, and got what he had coming. I've got nothing against cops per-say, but when they use Nazi tactics, and loose, justice turns pervert. It's not even justice anymore, our system is so corrupt, and one sided, you are NOT presumed innocent,until you can prove it beyond doubt, any doubt. The second one sets foot in a courtroom, they're guilty, and the court is prejudice.

|11.21.09 @ 4:17AM|#

A really simple solution to the problem of "he said, he said", would be to mandate by law recording devices be present during these raids. A man's life hinges upon whether the police shouted "Police!" before he started shooting at them. How simple it would have been to have a video, or even audio recording of the raid.
The standard of proof would be statutorily pegged, that if the police did not make the recording, in violation of law, then the presumption of credibility will lie with the defendant.

|11.21.09 @ 10:43PM|#

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Pingback| 12.18.09 @ 2:08PM

TheDrug War - Political Fever - The Political Debate Forums links to this page. Here’s an excerpt:

…to an erosion of civil liberties, and things that can have disastrous results. For example, the rash of botched no-knock paramilitary-style raids that kill innocent pets and people, and sometimes innocent people kill cops. Neighborhoods are shut down by military-style occupations. Harmless Hippie stoners are threatened and forced to become informants, and the results can be fatal. The corruption of law enforcement is…

Pingback| 1.12.10 @ 9:57AM

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…Baked User   Join Date: Jan 2009 Posts: 1,454 Thanks: 1,532 Thanked 1,874 Times in 843 Posts Rep Power: 500 Cory Maye - On Death Row After Defending His Daughter In Half-Assed Drug Raid The Case of Cory Maye - Reason Magazine __________________ My first grow! Check it out! (Perpetual Round Two! Starting at post #61 ) Cannabis is a transformation, f(x), such that -> and -> . Do the math and smoke! «…

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…0px 0px 10px;} td.recentcommentstextend { border: none !important; padding:0px 0px 2px 10px;} // Meet Cory Mayes. Someone kicked in his back door, barged into his child’s bedroom, and got shot. Mayes was sentenced to death, because the man in question was a cop on a drug raid. This article made me rage. reason.com 17:30 on 2010/01/12 | Permalink | Reply | 0 -   Reply Click here to cancel reply. Name…

|1.12.10 @ 10:31AM|#

Is anyone actually surprisd by this? I mean really?

Kelp
www.web-privacy.se.tc

|1.12.10 @ 1:21PM|#

anyone who lives in that county knows who the informant was and that individual was a racist himself. If you seen him he would be yelling "WHITE POWER!" To me it sounds like bad info from a bad informant...plain and simple!

Mark|1.12.10 @ 5:41PM|#

Burn in Hell Cory Maye, you deserve it.

|7.1.11 @ 6:26PM|#

you red neck hillbilly come up north and talk that smack i will show you just what it is like to feel the fires of hell,God remembers all..and he is coming home so put that in ur pipe and smoke it u blue eyed devil

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…true); Analyst   Join Date: Apr 2009 Location: Minnesota Posts: 2,281 Credits: 11,857 Meet Cory Mayes. Someone kicked in his back door, barged into his child's bedroom, and got shot. Mayes was sentenced to death, because the man in question was a cop on a drug raid. __________________ "The Arab states which had encouraged the Palestinian Arabs to leave their homes temporarily in…

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Tom Conlon Fans » My Shared Items: Week of January 9th, 2010 links to this page. Here’s an excerpt:

…pledge with remarkable courage. This is history, folks! Skywalkers in Korea Cross Han Solo – washingtonpost.com – I usually hate headline puns but that is just genius. The Case of Cory Maye – Reason Magazine – Shoveling Snow with Buddha by Billy Collins – What Stimulus? Road Projects Aren't Boosting Jobs Much – CNBC – Thanks, Bryan! Irrational fears give nuclear…

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Briefly Noted: James W. Ceaser, “The Roots of Obama Worship” links to this page. Here’s an excerpt:

…attitudes about race. I do not want to mention names, but believe me, outside of UVA and Stanford racism is alive and well and nasty, nasty stuff. I love this country, but I would be crazy to ignore cases like this: The most striking impression I get is the pervasive, suffocating role race plays in everyday life. The fear and paranoia from black residents can be overwhelming. But even to someone generally…

Pingback| 4.19.10 @ 12:15AM

The new Slave Masters | The Libertarian Standard links to this page. Here’s an excerpt:

…such convictions. Just as in the past, blacks had nearly no ability to exercise self-defense without severe negative repercussions, so today do people of all races have nearly no ability to defend themselves against thuggery from the elite class. In light of the new reality, why don’t we reinvigorate some proud American traditions? Police departments already cooperate in apprehending fugitives, so the…

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BWM|12.2.10 @ 9:06PM|#

I like the article. It amazes me that conservatives and even alot of liberals have so much faith in police. The police are like the military; an essential part of the government, but exceedingly dangerous, and a tool to be kept under a careful eye at all times. When civilian deaths are shrugged off and police deaths mean war, the state has completely subverted it's role. They serve US, after all.

|12.6.10 @ 4:33PM|#

The Drug Police are running wild in this country & must be stopped. Thank the Lord & thank the judge-why is he unnamed?

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دردشة|6.23.11 @ 9:56PM|#

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|7.1.11 @ 4:53PM|#

It's so sad in the day & age that's things like this still happen.
Thank you for bringing this to light Mr. Balko. I am sorry Mr. Maye last ten years of his life; Mississippi is such a sorry state. Thank God I don't live there.

|7.1.11 @ 6:22PM|#

@ mark if anyone is going to burn in hell it will be you for saying that God remembers all come up
north and talk that trash,see God took care of him no matter what you say cause he is coming home so put that in ur pipe and smoke it you red neck hillbilly

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M|7.7.11 @ 4:26AM|#

Jesus Christ, Reason magazine, can't you

a) have a decent spam filter
and
b) have a "this is spam" button by each comment?

قبلة الوداع|8.17.11 @ 10:22PM|#

ThaNk U