Cop Pleads Out in Shooting of Atlanta Woman
Police officer in Neal Street shooting to plea
Elderly Atlanta woman killed by cops in her home during botched drug raid
By BILL TORPY
The Atlanta Journal-Constitution
Published on: 04/11/07
A former Atlanta police narcotics officer has reached a tentative plea deal with federal and state authorities in a botched drug raid that resulted in the shooting death of an elderly woman, according to a person close to the investigation.
Gregg Junnier could have faced state murder charges in the Nov. 21 raid at the home of Kathryn Johnston. The deal was reached Tuesday after federal and state prosecutors met with Junnier and his legal team at the offices of Fulton County District Attorney Paul Howard.
Few details of the deal were released but the charge of felony murder would be off the table if the deal holds, the person said. An announcement on the matter may come later Wednesday, although the person said the deal is shaky after reports of the negotiations have swirled in the media the past two days.
Days after the shooting, U.S. Attorney David Nahmias announced a federal investigation into the incident. That probe has grown to examine the possibility of widespread wrong doing in the narcotics department and how warrants are obtained and served.
The possible deal comes in light of a Fulton County grand jury being called April 25 to consider murder and other charges against the three narcotics officers allegedly involved in obtaining the warrant.
Howard declined comment on the possible plea or any grand jury presentments.
Attorneys for two of the three officers - Arthur Tesler and Jason R. Smith - said today they received the notices Tuesday evening. The proposed indictment, first released in February, includes charges of felony murder, burglary, aggravated assault with a deadly weapon, false imprisonment and making false statements.
"This is not only a stretch of the law, it's a monumental leap with respect to these charges," said Bill McKenney, who represents Tesler.
Asked which of the charges he disputes, McKenney said "All of them."
Tesler "was at the rear of the house (during the raid), he never fired his weapon, he never entered the premises and did not obtain the search warrant."
Smith mentioned Tesler's name in the affidavit for a no-knock warrant to enter the home unannounced.
"His name may have been listed but without his consent," McKenney said.
Shortly before the raid, Smith told a magistrate he and Tesler had a confidential informant buy $50 worth of crack at 933 Neal St. from a man named "Sam."
But, according to the proposed indictment, no informant went to the house.
Junnier, 40, with 18 years on the force, has since retired from the department. The longtime narcotics officer was the first of three officers facing murder charges to start cooperating with federal authorities, his attorney Rand Csehy has said.
Attorneys for Smith and Tesler say they know little about the negotiations with Junnier.
McKenney said "Officer Tesler is not involved in plea negotiations. He is looking forward to his day before the grand jury."
Under state law, police officers facing criminal charges are allowed to make a statement to the grand jury, and they must be notified in advance when the case will be presented. McKenney has said that his client had cooperated with federal authorities before Howard indicated that he would seek felony murder charges against the three officers.
Three officers - Junnier, Gary Smith and Cary Bond - were wounded in the shootout that ensued after the elderly woman fired a revolver at them after they broke into her home through the front door. Johnston apparently believed criminals were breaking into her home.
Markel Hutchins, who has served as Johnston's family spokesman since the shooting, said "the family welcomes a deal. Any deal means that the officers would share information with authorities that would rid the department of activity that led to this."
"No one would benefit from a nasty trial," he said.
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Elderly Atlanta woman killed by cops in her home during botched drug raid
By BILL TORPY
The Atlanta Journal-Constitution
Published on: 04/11/07
A former Atlanta police narcotics officer has reached a tentative plea deal with federal and state authorities in a botched drug raid that resulted in the shooting death of an elderly woman, according to a person close to the investigation.
Gregg Junnier could have faced state murder charges in the Nov. 21 raid at the home of Kathryn Johnston. The deal was reached Tuesday after federal and state prosecutors met with Junnier and his legal team at the offices of Fulton County District Attorney Paul Howard.
Few details of the deal were released but the charge of felony murder would be off the table if the deal holds, the person said. An announcement on the matter may come later Wednesday, although the person said the deal is shaky after reports of the negotiations have swirled in the media the past two days.
Days after the shooting, U.S. Attorney David Nahmias announced a federal investigation into the incident. That probe has grown to examine the possibility of widespread wrong doing in the narcotics department and how warrants are obtained and served.
The possible deal comes in light of a Fulton County grand jury being called April 25 to consider murder and other charges against the three narcotics officers allegedly involved in obtaining the warrant.
Howard declined comment on the possible plea or any grand jury presentments.
Attorneys for two of the three officers - Arthur Tesler and Jason R. Smith - said today they received the notices Tuesday evening. The proposed indictment, first released in February, includes charges of felony murder, burglary, aggravated assault with a deadly weapon, false imprisonment and making false statements.
"This is not only a stretch of the law, it's a monumental leap with respect to these charges," said Bill McKenney, who represents Tesler.
Asked which of the charges he disputes, McKenney said "All of them."
Tesler "was at the rear of the house (during the raid), he never fired his weapon, he never entered the premises and did not obtain the search warrant."
Smith mentioned Tesler's name in the affidavit for a no-knock warrant to enter the home unannounced.
"His name may have been listed but without his consent," McKenney said.
Shortly before the raid, Smith told a magistrate he and Tesler had a confidential informant buy $50 worth of crack at 933 Neal St. from a man named "Sam."
But, according to the proposed indictment, no informant went to the house.
Junnier, 40, with 18 years on the force, has since retired from the department. The longtime narcotics officer was the first of three officers facing murder charges to start cooperating with federal authorities, his attorney Rand Csehy has said.
Attorneys for Smith and Tesler say they know little about the negotiations with Junnier.
McKenney said "Officer Tesler is not involved in plea negotiations. He is looking forward to his day before the grand jury."
Under state law, police officers facing criminal charges are allowed to make a statement to the grand jury, and they must be notified in advance when the case will be presented. McKenney has said that his client had cooperated with federal authorities before Howard indicated that he would seek felony murder charges against the three officers.
Three officers - Junnier, Gary Smith and Cary Bond - were wounded in the shootout that ensued after the elderly woman fired a revolver at them after they broke into her home through the front door. Johnston apparently believed criminals were breaking into her home.
Markel Hutchins, who has served as Johnston's family spokesman since the shooting, said "the family welcomes a deal. Any deal means that the officers would share information with authorities that would rid the department of activity that led to this."
"No one would benefit from a nasty trial," he said.
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Needs to stay felony murder. Maybe be really nice and take death off the sentencing, but felony murder none the less. 0 -
I am still amazed she got three hits in before they killed her. 0 -
Don't judge people by what they look like.
D.0 -
she only fired 1 shot, the police changed their story. this is more of a dept prob than an officer one 0
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