2 officers plead guilty in killing of woman, 92



One cop planted drugs in the woman's house.
ATLANTA (AP) -- The case of Kathryn Johnston, the 92-year-old woman shot to death by narcotics officers who busted into her home, looked bad for the Atlanta Police Department from the start. On closer inspection, it got much worse.
After officers fired 39 shots in Johnston's drug-free home, one of them planted three bags of marijuana there as part of a cover story, prosecutors revealed Thursday. They also said key elements of the no-knock warrant the officers had obtained were lies.
Two of three officers indicted Thursday in the Nov. 21 death pleaded guilty later that day to several state counts and one federal charge each of conspiracy to violate a person's civil rights, resulting in death.
"I'm sorry," Officer J.R. Smith said in state court, his voice barely audible. Gregg Junnier, who retired from the Atlanta police force in January, also pleaded guilty.
Johnston, who lived alone in a rough neighborhood, fired a handgun through her door as plainclothes police burst in without warning, but hit no one, Fulton County prosecutor Peter Johnson said Thursday. That means the three officers wounded in the raid were hit by their own colleagues, he said.
Reactions
The Rev. Markel Hutchins, a civil rights activist who serves as a spokesman for Johnston's family, said the family was satisfied with Thursday's developments.
"I think what happened today makes it very clear that Ms. Johnston was violated, that her civil rights were violated," Hutchins said.
"There's something shameful about her being shot," the Rev. Jesse Jackson told reporters Thursday in Atlanta, where he was addressing the role of the media and music industry in perpetuating racial stereotypes.
Smith, 35, and Junnier, 40, pleaded guilty to manslaughter, violation of oath, criminal solicitation and making false statements. Smith also pleaded guilty to a state perjury charge.
Junnier's attorney, Rand Csehy, blamed the episode on a "failure to supervise, failure to train, failure to take responsibility."
The case raised serious questions about no-knock warrants and whether the officers followed proper procedures.
To get the warrant, officers told a magistrate judge that an undercover informant had told them there was cocaine in Johnston's home, and that it had surveillance cameras that were monitored by a drug dealer named Sam.
Story unravels
After the shooting, a man claiming to be the informant told a television station that he never purchased drugs there, prompting Atlanta Police Chief Richard Pennington to admit he was uncertain whether the suspected drug dealer actually existed.
Pennington asked the FBI to lead a multi-agency probe into the shootout. He also announced policy changes to require the department to drug-test its nearly 1,800 officers and mandate that top supervisors sign off on narcotics operations and no-knock warrants.
U.S. Attorney David Nahmias said the recommended federal sentence will be 10 years and one month in prison for Junnier, and 12 years, seven months for Smith. Federal prosecutor Yonette Sam-Buchanan said Smith planted the marijuana after the shooting.
U.S. District Judge Julie Carnes agreed to allow Junnier and Smith to remain free on a 25,000 recognizance bond pending sentencing, and the defendants agreed to help investigators with their ongoing probe into the activities of Atlanta police narcotics officers. Smith also agreed to resign from the police department.
The third officer, Arthur Tesler, 40, who is on administrative leave, was charged in a state indictment unsealed Thursday with violation of oath by a public officer, making false statements and false imprisonment under color of legal process. His attorney, William McKenney, said Tesler expects to go to trial. McKenney said his client also could face federal charges.
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