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Police/Suspect Altercations

Prosecutor Getting Nervous in the Ryan Frederick Case

…as well he should since Ryan Frederick is innocent and the whole thing is a colossal travesty. Radley Balko notes that the prosecution is hoping for a change of venue:

The special prosecutor in the case against Ryan Frederick, the Chesapeake man accused of killing a city detective, wants the murder trial moved out of the Hampton Roads area.

The commonwealth has urged the court for a change of venue from Chesapeake to a court elsewhere in the state. Frederick is to stand trial Jan. 20 in Chesapeake Circuit Court on charges of capital murder, use of a firearm in the commission of a felony and possession with the intent to distribute marijuana. [PilotOnline.com]


It’s a devious move, necessitated by the fact that a lot of folks in and around Chesapeake, VA know that Ryan Frederick didn’t do anything wrong. Police thought he was growing marijuana, but he wasn’t. When they raided his house, he thought he was being robbed and fired on the intruders, killing an officer that he didn’t realize was a cop. The marijuana growing operation they were looking for just wasn’t there and I’m still unclear on why they’re pursuing distribution charges for the tiny amount of pot found in his home.

Let’s hope the judge has the sense to see through this sham of a trial and blocks these pathetic efforts to gain leverage for charges that should never have been filed to begin with.

Cop Acquitted After Killing Unarmed Mother and Shooting Her Baby

Looks like there will be no accountability or apologies for one of this year's worst botched drug raids:

A white police officer was acquitted Monday in the drug-raid shooting death of an unarmed black woman that set off protests about how police treat minorities in a city where one in four residents is black.
…

Chavalia shot 26-year-old Tarika Wilson and her year-old son she was holding, killing her and hitting him in the shoulder and hand, during a Jan. 4 SWAT raid on her house. One of the child's fingers had to be amputated.
…

Chavalia, an officer of 32-years, had testified that he thought his life was in danger when he fired the shots. He said he saw a shadow coming from behind a partially open bedroom door and heard gunshots that he thought were aimed at him. It turned out the gunfire he heard was coming from downstairs, where officers shot two charging pit bulls. [ABCNews]

So police shooting innocent dogs downstairs became an excuse for police shooting innocent people upstairs. I'm never surprised to see a jury (an all-white jury, no less) ruling in favor of police in a case like this. Still, I can’t get over the officer's admitted failure to even observe what he was shooting at. An officer who panics and fires at "a shadow coming from behind a partially open bedroom door" is incompetent at best, but clearly criminal if we're to hold police to anything approaching the same vicious standards applied to civilians in these raids.

I shudder to contemplate the sort of carnage it may require to get out the message that modern drug war police tactics are not a necessary precaution, but rather a genuine and growing threat to public safety.

Marijuana Laws Killed Two People This Week

If we had a sensible marijuana policy in America, things like this wouldn't happen:

A routine marijuana check in Cass County, Michigan, turns deadly.

Michigan State Police say 51-year-old Niles Wilson shot himself when he realized he had been caught growing nearly 130 marijuana plants on his property. [wndu.com]

Meanwhile, in Massachusetts, a young father was shot and killed (questionably) by police after fleeing during a traffic stop. It appears he fled because he had a joint of marijuana:

I don't think either of these people made smart choices. But the reason their judgment was clouded has everything to do with the frightening consequences of our drug laws. People are terrified of the drug war and sometimes make unfortunate decisions. Sure, they could refrain from using if they're afraid of jail, but that's no excuse for marijuana laws that hurt people worse than marijuana. Events like these are not the sign of a healthy society with a healthy drug policy.

If our laws cause suicides and police chases, they are quite clearly not making us safer.

SWAT Team Kills Mayor's Dogs in Botched Drug Raid

The mayor of Berwyn Heights, MD is the latest botched drug raid victim:

A police SWAT team raided the home of the mayor in the Prince George's County town of Berwyn Heights on Tuesday, shooting and killing his two dogs, after he brought in a 32-pound package of marijuana that had been delivered to his doorstep, police said.
…

"My government blew through my doors and killed my dogs," Calvo said. "They thought we were drug dealers, and we were treated as such. I don't think they really ever considered that we weren't." [Washington Post]

Nothing about this guy says "drug dealer," and while anything is possible, I think the most likely explanation is that the package was meant to be intercepted by its intended recipient prior to ending up in the possession of the mayor. A neighbor or someone at the post office was probably keeping an eye out for it, which seems not to have occurred to police.


Since this happened in the D.C. area, I got to hear callers discuss the incident on a popular NPR call-in show. It was frustrating to hear multiple people complain that this should have been dealt with more delicately because the suspect was the mayor. It's bullshit. Almost any drug raid can be handled better than this, regardless of who the suspect is. You can't flush 32 pounds of marijuana down the toilet. There was no risk of flight or destruction of evidence and no reason why a simple knock on the door wouldn't have sufficed.

This is big news in Washington, D.C. today. Everyone seems to be very shocked by what has taken place, except for those of us who've been following the drug war and know that this type of thing (hell, this exact thing) happens to innocent people and their pets all over the country all the time. Ladies and gentlemen of the nation's capital, welcome to the war on drugs.

Drug Raid: Police Shoot Man, Find Nothing But Codeine Syrup

Yet another needlessly violent drug raid, this time in Louisiana:

HOUMA -- A 26-year-old Crozier man shot by a narcotics agent in a drug raid Thursday morning remains in intensive care, though his condition has stabilized, relatives said.

Floyd Franklin Jr. was shot inside his home at 112 Edgewood Drive after agents from the Terrebonne Narcotics Task Force raided the trailer about 6:45 a.m. and found Franklin pointing a gun at them.

The agents were executing two search warrants that are related to an investigation into the distribution of a "large amount of illegal narcotics," Sheriff Vernon Bourgeois said. [Daily Comet]

A large amount of narcotics, huh? So what did they find?

…two containers of liquid codeine agents found in the house, Bourgeois said. The drug, an opiate available by prescription, is used illegally to lace marijuana cigarettes or add to drinks, the sheriff said.

They've got to be kidding. Yeah, I'm sure people have been known to mix codeine with other drugs, but is that the default assumption we should reach anytime a drug suspect is found in possession of extremely common prescription medicines? The author of the story has yet to return my email inquiring whether the codeine was found in the medicine cabinet.

Regardless, this is just a disgraceful attempt to portray the man they shot as some weirdo poly-drug abuser. Absent evidence that he actually intended to use the codeine for such purposes, there's no justification for including these pathetic smears in the article. The guy probably also had a few steak knives which could be used to murder the elderly, but I didn't see that in the article so spare us the insinuations and put the cough syrup back where you found it cause no one cares.

Moreover, does anyone really think this guy would try to shoot it out with police over that? Officers say they announced, but that doesn't mean Franklin heard them. This could easily be another case of an innocent drug suspect mistaking police for burglars and merely attempting to defend his home. After all, there certainly wasn't a "large amount of illegal narcotics" present for which he might seek to evade capture. How many more innocent people have to get shot before police realize that charging into homes with guns drawn increases rather than reduces the risk of something going wrong?

Another Ryan Frederick Update

Radley Balko has much more information from Ryan Frederick's preliminary hearing, which I mentioned yesterday.

Of particular interest is the fact that special prosecutor Paul Ebert has threatened to file felony drug charges against Frederick, despite the fact that only a tiny amount of marijuana was recovered in the raid. The suspected marijuana grow that prompted the raid simply didn’t exist, so any new drug charges at this point are almost certainly a trumped-up character assassination designed to smear Frederick in front of the jury.

It's a critical move for Ebert, who clearly realizes that it will be hard to explain why Frederick would have shot a cop over a few flakes of pot. Unless Frederick can be painted as a hardened criminal, his persistent claim that he thought the police were burglars would likely prevail.

It is just amazing the amount of effort being put into prosecuting an innocent man for a murder that wasn't his fault, all so that the real killer (the drug war) can remain on the loose.

Ryan Frederick Formally Charged With First Degree Murder

Radley Balko reports:

He was formally charged with first degree murder and with the use of a firearm in the commission of a felony. So yeah. They really are going to go through with this.

The misdemeanor marijuana possession charge was nolle prossed. Which means the reason the police tried to ram their way into Frederick’s house in the first place is now pretty much moot. They didn’t even find enough marijuana to merit a charge. Now they’re trying to make him pay for the consequences of their mistake.

So to recap, police charged into Ryan Frederick's home looking for a marijuana grow that didn’t exist. Mistaking the intruders for thieves, Ryan opened fire, killing a police officer. He's now charged with knowingly and deliberately killing a cop, even though that's the least plausible explanation for his actions.

Informant Identified in Fatal Maple Tree/Marijuana Mix-up

Radley Balko reports that we might now know the identity of the confidential informant who mistook Japanese maple trees for marijuana, leading to the death of a police officer and murder charges against an innocent man.

The informant had a conflict with Ryan Frederick, so he broke into his house, misidentified his plants, and told police Frederick was growing marijuana. When police raided the home, Frederick mistook them for burglars and opened fire, killing a police officer. He's now sitting jail, awaiting trial for killing a cop.

This utterly tragic and absurd situation is the natural and predictable byproduct of our mindless war on drugs, which allows incompetent idiots with ulterior motives to provide probable cause for violent police raids.

Radley has some background on the case here.

Update: From comments, "If a police officer ran into traffic and got killed, would the driver who hit the officer be charged with murder?" I think that analogy comes pretty close to being fair. Frederick wasn't growing marijuana. He had no reason to think the people bursting into his home were anything other than common criminals, so he defended himself in good faith. The officer was killed because he went somewhere he didn't belong. It's a tragedy, to be sure, but it's certainly not Frederick's fault. Not in the slightest.

Drug Cops Raid Innocent Man, Shoot Him 5 Times, Then File Bogus Charges

His name is Tracy Ingle and he's alive, but he needs help.

1. They raided his house from multiple entrances, bashing down his front door with a battering ram and crashing through his bedroom window.

2. He grabbed a broken gun to scare what he thought were burglars and was subsequently shot 5 times. One bullet remains lodged above his heart.

3. In jail, they withheld his pain medication and antibiotics. They ignored his doctor's instructions to change his bandages and clean his wounds. He became infected.

4. They found no drugs but charged him with drug dealing. His sister claims ownership of the scale and baggies which form the basis for the drug charge. She uses those things for making jewelry.

5. He pawned his car to make bail so he had to walk 2 miles on crutches to his first court appearance. His leg was still infected.

6. On the warrant, the words "crack cocaine" are scratched out and replaced with "methamphetamine," suggesting the document may have been illegally altered after the judge approved it.

7. A neighbor who saw the whole raid now refuses to talk after a visit from the police. They assured him that "he did not see what he thought he saw."

If you can handle it, Radley Balko has much more.

[Ed: Sign our petition to Congress, state legislators, governors and the president to stop these dangerous raids from happening, and click here to learn more about the issue and campaign.]

Nobody is Safe from Drug Prohibition’s SWAT Teams

Yet another SWAT team raid has gone horribly bad. A group of police officers stormed a house looking for suspected drug dealers. But this otherwise normal situation is somewhat out of the ordinary because there was actually a relatively wealthy, affluent person who was unwittingly targeted:
The [police officers] were together Wednesday night, battering down the door of a suspected drug house, when two men on the other side nearly ended their lives, police said. Gillis and Garrison remained in Grant Medical Center last night, recovering from serious gunshot wounds, as investigators worked to build the case against the two men accused of shooting them during a raid gone awry on the Near East Side. One of the accused is Derrick Foster, a 38-year-old former defensive end for Ohio State University who police said has no criminal record.
The article also states that a work review called Foster "an asset to the Near East Side" of the neighborhood where he was employed as a Columbus code-enforcement supervisor. He was a pillar of society. When he heard the police bust in the door of his friends house, he mistook them for a team of robbers and fired his legally-owned weapon. He was not under any investigation, others in the house were. Here is the official police story on what took place:
Officers with the narcotics bureau's Investigative and Tactical Unit had received a warrant to search the house at 1781 E. Rich St., just north of Main Street. They approached about 9:45 p.m. IN/TAC officers are trained for such raids and make eight to 12 a week across the city, police said. They follow a specific procedure that includes announcing their presence immediately. "The whole time they're pounding on the door, they're yelling, 'Police!'," division spokeswoman Amanda Ford said.
But according to a witness, the only alert given was for the windows to be broken. The police spokeswoman, who wasn't there, apparently knows something that the witness doesn't. In addition, even if the police did yell, I can think of several completely plausible explanations why people in a home may not hear such an announcement – they’re listening to loud music, they’re in the basement working with loud machinery, they’re asleep and using earplugs, etc. Also, the article stated "police didn't know who might be in the house when they raided it." I question the intelligence and responsibility of the decision to raid a house when they had no idea who might be there. In this case, an innocent man (or men) was exposed to a traumatic experience that ended in a horrible way. What if his daughter had been there too? What this shows is that anybody could be the target of one of these raids. This is not just a problem for the underprivileged. Foster is a college-educated middle-class father. He owned a legal firearm, a right granted in part for the purposes of self-protection. Attempting to protect himself, he now faces two counts of felonious assault and attempted murder. It is extremely fortunate that this didn’t turn out even worse. Both of the policemen that were wounded are thankfully expected to recover. But the sad truth is that Foster’s five-year-old daughter is probably going to have to grow up with her father in prison because of this futile drug prohibition-related insanity. Yet another American family destroyed by the increasingly indiscriminate drug war.