Atlanta, Georgia - Three Atlanta Police Officers Charged In Fatal Shooting of Elderly Atlanta Woman
April 26, 2007
Two Atlanta Police officers pleaded guilty to charges related to the fatal police shooting of Kathryn Johnston, a 92-year-old woman, in her Atlanta home during the execution of a search warrant in November 2006. A third officer was indicted yesterday by a Fulton County grand jury on charges related to the death of Ms. Johnston. The pleas and indictment are the result of an investigation conducted by the Federal Bureau of Investigation and the Georgia Bureau of Investigation, and overseen by the Fulton County District Attorney's Office, the U.S. Attorney's Office for the Northern District of Georgia, and the Justice Department's Civil Rights Division.
Officer Gregg Junnier, of Woodstock, Ga., and Officer Jason R. Smith, of Oxford, Ga., pleaded guilty in state court to voluntary manslaughter, violation of oath by a public officer, criminal solicitation and false statements, and in federal court to a civil rights conspiracy violation that resulted in the death of Ms. Johnston. Smith also pleaded guilty in state court to one count of perjury.
The third officer, Arthur Tesler, of Acworth, Ga., was indicted on state charges of false statements, violation of oath of office by a public officer, and false imprisonment.
"Any act of police misconduct threatens to undermine public trust in the worthy goals of law enforcement," said Attorney General Alberto R. Gonzales. "The overwhelming majority of law enforcement officials -- men and women of strong integrity who risk their lives to protect ours -- perform their essential duties with dignity and professionalism. We cannot allow misconduct of this nature to undermine the good work of so many others.
"The killing of Kathryn Johnston by Atlanta police officers was a horrible and unnecessary tragedy," said David E. Nahmias. Fulton County District Attorney Paul Howard called the shooting of Ms. Johnston, "one of the most horrific tragedies to occur in our community. Moreover, our investigation showed that many of the practices that led to her death were common occurrences in this unit of the Atlanta Police Department.
According to the information presented in court, Junnier and Smith on several occasions while working as APD narcotics officers, made false statements in sworn affidavits to state magistrate judges in order to obtain "no knock" search warrants for residences and other locations where the officers believed illegal drugs would be found.
On the afternoon of Nov. 21, 2006, Smith, Junnier and Tesler executed a "no knock" search warrant at the home of Kathryn Johnston, knowing that the warrant had been obtained on the basis of false information that Smith had presented to a magistrate judge to procure the warrant. The victim, who was the only occupant of the house, fired through the door a single .38 caliber shot, which hit no one. Junnier, Smith and four other officers returned fire, hitting the victim with five or six shots, one of which was fatal.
Officers searched the home after the shooting, but found no drugs. Smith then planted in the basement of the house three baggies of marijuana that the officers had seized elsewhere earlier that day. Tesler then filed a false APD incident report stating that a purchase of crack had been made at Johnston's home earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street, the home of the victim. The defendants also met to fabricate a story, which they later recounted to APD homicide investigators, falsely justifying the events leading to the shooting of Kathryn Johnston.
Junnier and Smith have resigned their positions with the APD and Tesler is on paid administrative leave.
Contact: U.S. Department of Justice (202) 514-2007; TDD (202) 514-1888
SOURCE U.S. Department of Justice
Retrieved April 27, 2007 from http://news.yahoo.com/s/usnw/20070426/pl_usnw/three_atlanta_police_officers_charged_in_fatal_shooting_of_elderly_atlanta_woman
Two Atlanta Police officers pleaded guilty to charges related to the fatal police shooting of Kathryn Johnston, a 92-year-old woman, in her Atlanta home during the execution of a search warrant in November 2006. A third officer was indicted yesterday by a Fulton County grand jury on charges related to the death of Ms. Johnston. The pleas and indictment are the result of an investigation conducted by the Federal Bureau of Investigation and the Georgia Bureau of Investigation, and overseen by the Fulton County District Attorney's Office, the U.S. Attorney's Office for the Northern District of Georgia, and the Justice Department's Civil Rights Division.
Officer Gregg Junnier, of Woodstock, Ga., and Officer Jason R. Smith, of Oxford, Ga., pleaded guilty in state court to voluntary manslaughter, violation of oath by a public officer, criminal solicitation and false statements, and in federal court to a civil rights conspiracy violation that resulted in the death of Ms. Johnston. Smith also pleaded guilty in state court to one count of perjury.
The third officer, Arthur Tesler, of Acworth, Ga., was indicted on state charges of false statements, violation of oath of office by a public officer, and false imprisonment.
"Any act of police misconduct threatens to undermine public trust in the worthy goals of law enforcement," said Attorney General Alberto R. Gonzales. "The overwhelming majority of law enforcement officials -- men and women of strong integrity who risk their lives to protect ours -- perform their essential duties with dignity and professionalism. We cannot allow misconduct of this nature to undermine the good work of so many others.
"The killing of Kathryn Johnston by Atlanta police officers was a horrible and unnecessary tragedy," said David E. Nahmias. Fulton County District Attorney Paul Howard called the shooting of Ms. Johnston, "one of the most horrific tragedies to occur in our community. Moreover, our investigation showed that many of the practices that led to her death were common occurrences in this unit of the Atlanta Police Department.
According to the information presented in court, Junnier and Smith on several occasions while working as APD narcotics officers, made false statements in sworn affidavits to state magistrate judges in order to obtain "no knock" search warrants for residences and other locations where the officers believed illegal drugs would be found.
On the afternoon of Nov. 21, 2006, Smith, Junnier and Tesler executed a "no knock" search warrant at the home of Kathryn Johnston, knowing that the warrant had been obtained on the basis of false information that Smith had presented to a magistrate judge to procure the warrant. The victim, who was the only occupant of the house, fired through the door a single .38 caliber shot, which hit no one. Junnier, Smith and four other officers returned fire, hitting the victim with five or six shots, one of which was fatal.
Officers searched the home after the shooting, but found no drugs. Smith then planted in the basement of the house three baggies of marijuana that the officers had seized elsewhere earlier that day. Tesler then filed a false APD incident report stating that a purchase of crack had been made at Johnston's home earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street, the home of the victim. The defendants also met to fabricate a story, which they later recounted to APD homicide investigators, falsely justifying the events leading to the shooting of Kathryn Johnston.
Junnier and Smith have resigned their positions with the APD and Tesler is on paid administrative leave.
Contact: U.S. Department of Justice (202) 514-2007; TDD (202) 514-1888
SOURCE U.S. Department of Justice
Retrieved April 27, 2007 from http://news.yahoo.com/s/usnw/20070426/pl_usnw/three_atlanta_police_officers_charged_in_fatal_shooting_of_elderly_atlanta_woman