Sentencing for Cops Who Killed Katherine Johnston

Radley Balko | February 24, 2009

The Atlanta cops who killed 92-year-old Kathryn Johnston during a 2006 drug raid were sentenced in federal court today. The officers perjured themselves in a search warrant affidavit, violently broke into Johnston's home (which they had mistaken for a drug dealer's), killed her in a barrage of 39 bullets when she met them with a rusty old revolver, left her handcuffed to bleed to death in her living room while they planted marijuana in her basement, then threatened an informant to lie about the whole thing so they could cover up their mistakes.

From the Atlanta Journal-Constitution:

U.S. District Judge Julie Carnes sentenced former officer Gregg Junnier to six years in prison, Jason Smith to 10 years in prison and Arthur Tesler to 5 years in prison.

Junnier and Tesler had faced 10 years under sentencing guidelines, while Smith faced 12.

By comparison, Ryan Frederick—the Chesapeake, Virginia man who says he mistakenly fired one shot that struck and killed a police officer during a drug raid on his home—received a 10-year sentence. Cory Maye, who also mistakenly shot and killed a cop during a botched drug raid, is still in prison for the rest of his life.

Comments

Authority Fetishist|2.24.09 @ 2:39PM|#

There. Now all you people can be happy because there are fewer cops on the streets to protect other people. Great! What a victorious day for drug dealers and other violent criminals!

Reinmoose|2.24.09 @ 2:41PM|#

OK - I lose trolling right out of the gate. I forgot to indicate the above is me. Well it is.

Clifford|2.24.09 @ 2:44PM|#

"The officers perjured themselves in a search warrant affidavit, violently broke into Johnston's home (which they had mistaken for a drug dealer's), killed her in a barrage of 39 bullets when she met them with a rusty old revolver, left her handcuffed to bleed to death in her living room while they planted marijuana in her basement, then threatened an informant to lie about the whole thing so they could cover up their mistakes."

But other than that it was a righteous shoot.

|2.24.09 @ 2:44PM|#

Well the real travesty isn't necessarily the length of the sentence, it's the fact that all they were charged with in the first place was "conspiring to violate civil rights". What the fuck is up with the Atlanta DA not prosecuting them for manslaughter? They've confessed to everything they did.

|2.24.09 @ 2:46PM|#

killed her in a barrage of 39 bullets when she met them with a rusty old revolver

And the funny thing about that is that she only got five bullet wounds. They're taking their role as stormtroopers a bit too literally, methinks.

|2.24.09 @ 2:50PM|#

Reminds me of an old joke about the SAS. When asked why they had shot an IRA guy 19 times, they replied: "because we had run out of bullets".

|2.24.09 @ 2:55PM|#

They're taking their role as stormtroopers a bit too literally, methinks.

Johnston was part of the Rebel Alliance, and a traitor!

|2.24.09 @ 2:55PM|#

Well, at least they got convicted and got jail time. They lost the rights to vote and own firearms. They will probably never work in law enforcement again. That's something.

Would have been better, of course, had this never happened in the first place.

|2.24.09 @ 3:19PM|#

So the Rights violations they were charged with did not include Cruel and Unusual Punishment?

As far as I can tell her 4th(unlawful search and seizure), 5th(due process), 6th(trial by jury), and 8th(cruel and unusual punishment...related to her supposed crime) Amendment Rights were all violated.

That's all they got? Seriously?

|2.24.09 @ 3:31PM|#

Radley refills my tank of rage once again.

I may be posting this the rest of my life.

REMEMBER KATHRYN JOHNSTON!

|2.24.09 @ 3:32PM|#

That's all they got? Seriously?

We're all frustrated that they didn't heavier sentences. However, the fact that they were convicted of felonies, and received actual prison time, is pretty damn remarkable in the context of all the other wrong-house raids, etc.

The pendulum just started to swing in the other direction. Hopefully it will continue to do so.

OH, forgot to thank Radley, yet again, for his reporting on this issue.

Xeones|2.24.09 @ 3:39PM|#

FUCK

|2.24.09 @ 3:44PM|#

The pendulum just started to swing in the other direction. Hopefully it will continue to do so.

I doubt that. These guys so blatantly lied and fucked up that there was no way to cover for them any more. But even with that, they still aren't doing that much time. The system protects its own.

|2.24.09 @ 3:47PM|#

They deserved more but 10 years at club fed would suck ass. They are serious offenders so are probably going to Atlanta or Levanworth. Justice may not have been served, but these guys are going to be hating life soon.

cmace|2.24.09 @ 3:49PM|#

They'll be real popular in prison.

T Shirt Salesman|2.24.09 @ 3:50PM|#

I went on a botched drug raid and all I got was this extremely light sentence.

Abdul|2.24.09 @ 3:52PM|#

Nick,

Cruel and unsual punishment refers to a punishment handed down as a sentence. For example, sentencing a shoplifter to having his hands cut off would violate the 8th amendment.

These cops could not have sentenced Kathryn Johnston, therefore they could not violate her right against cruel and unusual punishment.

|2.24.09 @ 4:12PM|#

On the plus side, their entire sentences will be in spent confined to the joys of protective custody at a maximum security facility. In general population, they would be dead in a week.

|2.24.09 @ 4:14PM|#

I am happy to see real convictions. Yet, I want to bang my head against the because convictions against participants in erroneous raids that end in the deaths of civilians are so rare.

If they try to raid my house and I'm dressed like a cop, I wonder if it will confuse them just long enough to not shoot me......?

Good news, I get to live.
Bad news, they arrest and charge me for impersonating an officer....

|2.24.09 @ 4:36PM|#

I'm loving this. How those cops cried on the stand. They didn't cry after they shot that n****r did they. I can't wait until the day they shoot and kill a white woman in her home and plant drugs on her, or accidently pull the taser in a gun fight. I'm sick of the fact that every ex-KKK member can do 6 months in the police academy and get a gun to kill black people.

|2.24.09 @ 4:45PM|#

Craka,

Yeah, the handcuffed her and let her bleed to death. I doubt they were crying then, yes. Bastards.

|2.24.09 @ 4:46PM|#

Just one more reason to vilolently abolish the Monopolization of the Aministration of Justice ("MOTAOJ"). This is just another day in the neighborhood for MOTAOJ. Yes, Epi is right about the system protecting its own-hence why we need no more MOTAOJ.

|2.24.09 @ 4:48PM|#

Eryk Boston, Esq.-

As much as I loathe cops, I would not want to stoop to their level by putting them in with the general population-though the thought of it does excite me.

|2.24.09 @ 5:02PM|#

When it's convenient for them, the police like to claim they're "just like everyone else". Perhaps it's time to hold them to that. Being put in general population would be another incentive for cops not misbehave.

If it bothers you that police may be hurt in general population, then the solution is to better manage general population, not just allow those in GP to continue assaulting, raping, and killing as they see fit, those deemed unworthy of segregation/isolation.

guy in the back row|2.24.09 @ 5:03PM|#

As much as I loathe cops, I would not want to stoop to their level by putting them in with the general population-though the thought of it does excite me.

You're a nice fella. I would stoop to their level and let them bleed out while handcuffed. They disgust me, nothing the british ever did compares to their atrocity.

Paul|2.24.09 @ 5:15PM|#

Those cops should have got the death penalty. Because they're cops, they should be held to a higher standard.

Ditto|2.24.09 @ 5:19PM|#

"
You're a nice fella. I would stoop to their level and let them bleed out while handcuffed. They disgust me, nothing the british ever did compares to their atrocity."

What??? Have you forgotten about the Spice Girls?

wayne|2.24.09 @ 5:34PM|#

I can't wait until the day they shoot and kill a white woman in her home...>

Craka, I understand the rage but similar things have happened to white folks. There was a similar raid on a rich, old white couple's home in Malibu, CA a few years ago. The old white guy met the cops with a gun in his hand and they shot him dead. It was no-knock raid where they found no drugs... The cops were charged with nothing. The old white guy was buried.

T|2.24.09 @ 5:50PM|#

Those cops should have got the death penalty. Because they're cops, they should be held to a higher standard.

I'm with you. I figure cops and all government officials should get their sentence doubled for acts committed while in office. A breach of the public trust should be treated more harshly than joe schmoe. Ain't gonna happen, but I can dream.

And they should go into general population at Atlanta Fed. Fuck 'em.

|2.24.09 @ 6:10PM|#

Brendan Perez and guy in the back row-

Do you guys post/read here much? There is probably no one here who loathes cops as much as I do. In fact, some here criticize me for being too over the top in my dissing of those lovely fellas in blue.

ktc2|2.24.09 @ 6:27PM|#

I believe in the death penalty ONLY for government agents. Nobody forces them to work for the government so it is therefore voluntary.

ktc2|2.24.09 @ 6:28PM|#

Oh and let us not forget that there were state charges as well, but the prosecutor "forgot" to prove jurisdiction so the conviction was dismissed. That prosecutor should hang too.

MNG|2.24.09 @ 7:22PM|#

Hey, this is an example of that "new professionalism" that Scalia bragged about as a reason to gut certain constitutional protections from the police...Remember all of those bitching about Obama that McCain promised to appoint more folks like Scalia, a man who can't get police cock out of his mouth long enough to spit...That's the kind of justice that warms a conservsatives heart these days!

ANONYMOUS MISPELLER|2.24.09 @ 10:01PM|#

keep doing the good work radley

|2.25.09 @ 9:34AM|#

They shot her, then cuffed her and let her bleed out instead of getting medical attention for her. They purjured themselves to get a warrant in the first place, planted evidence, and threatened informants.

This seems to me like a murder occuring during a criminal act. How was this not approached as a capital case?

Byant|2.25.09 @ 10:38AM|#

If you're not cop, you're little people.

|2.26.09 @ 6:03AM|#

The shooters belong at the end of a noose, but then I guess it's good that justice is no longer served in the name of the people, but in that of the statu quo.

|2.26.09 @ 6:25AM|#

Oh and, regarding capital sentence as a possible default punishment for state executives: pre-dynastic Egypt had a policy of killing off its kings as soon as they were too feeble to prevent it from happening (and they tested that by keeping trying). That would be an interesting policy to (re)instate.

Crudd|2.26.09 @ 11:28PM|#

Drug dealers don't kill people. The cops do.

|2.26.09 @ 11:49PM|#

"Drug dealers don't kill people. The cops do."
and they need a lot of bullets to do it..5 out of 39? thats not even 13% accuracy, lol

|10.19.09 @ 11:00PM|#

cops arrogant shrewd lewd raucous raving lunatics who bare the makings of a vicious stupid out-dated over-rated criminal belong in the same cages where they like to send other criminals. The system is so pathetic, crazy, over-rated in how we spend money to put away so many bad people......yet you creeps on top think you don't have to pay for your mistakes......