KIA
By David P Beiter
Colateral deaths and near hits in the Drug War. Some planting and fabrication
stories too.
Collected 1997 by byter@mcimail.com
Schenectady 2 teachers, ~88
9) Re: Try 2: The Evil Cops Post
Date: Fri, 23 Jun 1995 13:01:17 -0400
From: Mark Jones
To: libernet@Dartmouth.EDU
*** Police admit to planting drugs on the innocent ***
Ever want to explain to someone that drug laws are just too easy
for law enforcement folks to abuse? Well, here is some great evidence
of just how out of hand it can get.
Within:
"The arresting officers... all have admitted they lied about
drug arrests and searches... and have pleaded guilty to federal charges."
15 MORE DRUG CASES OVERTURNED
The costs could be huge for Philadelphia. Suits are likely over
the 39th I District police corruption. -
By Mark Faziollah INQUIRER STAFF WRITER
It could force the review of a thousand drug cases.
Put hundreds of drug defendants back on the streets.
And cost the city millions.
Yesterday, as a specially assigned judge dismissed charges against
13 more defendants, Philadelphia got its loudest warning yet of the potential
enormity of the 39th District police-corruption scandal's impact.
First Deputy District Attorney,Arnold H. Gordon, a veteran prosecutor in
the odd role of requesting a mass acquittal - asked Common Pleas Judge Legrome
D. Davis to reverse the defendants' 15 cases "in the interest of justice."
The arresting officers in the cases - five former 39th District
policemen - all have admitted they lied about drug arrests and searches in the
North Philadelphia district between 1988 and 1991, and have pleaded guilty
to federal charges.
Yesterday's dismissals bring to 27 the total number of drug defendants
whose cases were dismissed because of the federal investigation. And Public
Defender Bradley Bridge, who represented most of the defendants at yesterday's
hearing, said it's just the beginning.
"Many innocent defendants have spent years in prison," Bridge said.
"Sadly, this is not yet even the tip of the iceberg. Many, many more cases
will follow."
Davis appeared to accept Bridge's prediction. He said he would handle
-all future requests for dismissals arising from the 39th District
investigation, thus speeding the process. The five former officers were
indicted Feb. 28. They have since pleaded guilty to obstructing defendants'
civil rights, and have agreed to help federal prosecutors expand the
investigation.
Bridge said after the hearing that his preliminary review of past drug
cases showed the five officers handled 200 cases in 1988 alone, and that his
office later this week would begin reviewing all arrests made by the five
officers between 1987 and 1994.
Eventually, he predicted, a thou.sand cases would have to be reexamined
and hundreds of convictions could be overturned.
Thus far, all 12 of the drug cases the public defender has submitted
for review by the District Attorney's Office have been dismissed.
And each case is a potential lawsuit.
Deputy City Solicitor James B. Jordan said he was "expecting a whole
bunch" of suits related to the 39th District scandal.
"This could have very significant financial implications," Jordan said
after yesterday's hearing.
Several of the defendants already are talking of suing.
There is Betty Patterson, 53, who completed her three-year prison term
last year and was on parole until her charges were dismissed yesterday.
John Baird, a former 39th District officer who pleaded guilty to
corruption charges, has said police framed Patterson and planted drugs in her
North Philadelphia home - in an effort, Baird contended, to get evidence in
a separate case against her three sons.
Patterson wore a big smile after the hearing but declined to comment.
Her attorney, Jennifer St. Hill, has notified the city that a suit is imminent.
John Wayne Coleman, who spent the last four years in prison, had all his
drug charges dismissed yesterday.
"When they came into my house, they never acknowledged they were
police," Coleman told reporters at the hearing. "Before this conviction, I
wasn't in trouble for 10 years."
Coleman's attorney, Adrian J. Moody, said his client, too, would sue
the city.
In addition to dismissing the convictions of Patterson and Coleman
and the 13 other cases, Judge Davis also began expunging the defendants'
records of all information about the arrests.
Officially, Betty Patterson, who was accompanied at yesterday's hearing
by six of her relatives, now has no criminal record.
"Fortunately, the truth finally came out," said Daniel-Paul Alva,
Patterson's original trial lawyer, who attended yesterday's hearing.
"The police woke up that day and said they were going to make her a criminal."
Davis also dismissed charges against defendants identified as Denise
Patterson (no relation to Betty) , Andre Bonaparte (who had three cases
dismissed), Daniel Briggs, Clinton Cotton, Clifford Foster, Lonyo Holmes, Larry
Maddox, Anthony Thomason, Steven Trotty, John Walker and Wanda Wilson.
Typically, the defendants had been convicted of possessing crack
cocaine with intent to deliver.
Briggs and Thomason had never been convicted. They ' had been sought
by authorities since they failed to appear in court shortly after their 19
88 arrests. Davis ordered their arrest warrants withdrawn.
"They can come home again," attorney Bridge said.
He said the only time Briggs and Thomason had been arrested was when
they were picked up by the former 39th District officers.
Later this week, Bridge said, he intends to ask the District Attorney's
Office to dismiss 10 to 20 additional cases - selected from the 200 he has
identified from 1988 files. He said he would seek immediate attention for
cases involving defendants still imprisoned.
Denise Patterson, one of those cleared yesterday, was an 18-year-old
nursing student when she was arrested in November 1988. Though she did not
attend the hearing, she has steadfastly maintained she was innocent of drug
charges,
"We'll sue," said her attorney, Vincent J. Ziccardi. "Now the fun begins."
-- end --
------------------------------
880601, Philadelphia, PA, Mutual News, WSFC. Seven Philadelphia,
PA, cops have been arrested with $150,000 for drug trafficking
over the past two years. This may be the same seven involved in
drug trafficking in Owensboro, KY. See 870912, 950623.
Date: Sun, 27 Aug 1995 16:53:26 GMT
From: cclay@icis.on.ca (Chris Clay, a.k.a. Hemp Boy)
by way of freematt@bronze.coil.com (Matthew Gaylor)
Subject: "DECRIMINALIZE SOFT DRUGS", says Ottawa Chief of Police Brian Ford
To: libernet@Dartmouth.EDU
The issue of violence and the fallout is being
experienced right in Ottawa. We are presently
experiencing an inquiry into a drug-related raid that
took place in the fall of 1991. During that raid
Vincent Gardner was shot and later died. A small
amount of soft drugs was found.
------------------------------
Date: Sun, 10 Sep 1995 18:29:15 -0400 (EDT)
From: Ian Goddard
Subject: NARC SHOOTS MAN IN BACK, SPARKS RIOTS (fwd)
To: libernet@Dartmouth.EDU
---------- Forwarded message ----------
From: lindat@iquest.net
Philip Daoust
San Francisco
9/8/95
DEATH IN POLICE SHOOTING SPARKS SAN FRANCISCO RIOTING
by Philip E. Daoust
American Reporter Correspondent
SAN FRANCISCO -- Angry residents of a San Francisco neighborhood
battled for a second night with police following the death of man shot
by an undercover detective on Wednesday.
According to police reports, William Hankston, 28, was killed
by a single bullet from the gun of narcotics officer Jessie Washington
on a playground in the Ingleside area of town.
When residents heard of the shooting, they took to the street
and soon the crowd swelled to about 200 people. Police officers on the
scene were trapped inside a van and had to call in backup units as
demonstrators reportedly threw rocks and bottles. A total of 75
officers responded and used pepper spray to disperse the crowd.
But tensions escalated again last night when residents returned
to the streets, some calling the shooting an "execution." Police presence
was reinforced after some demonstrators threw rock and bottles. At press
time, six people had been arrested.
Witnesses said Hankston, known also as "Squeegy," was talking
with some friends at the Ocean View playground when they were approached
by Detective Washington and his partner, Mike Logan.
Jack Wright, 26, a friend who was with Hankston, said the two
detectives did not identify themselves and drew their guns. Wright
said they thought the men were from a gang and began to run.
Hankston, who was unarmed, was riding a bicycle away from the
scene when a single shot rang out and hit Hankston in the back of the
head, sending him crashing to the ground. He was taken to San Francisco's
General Hospital and was pronounced dead at 2:45 a.m. Thursday, a
nursing supervisor said.
Both detectives were immediately reassigned to desk duty
pending police department investigations, Police Chief Anthony Riberia
said. Mayor Frank Jordan's office also said it would be conducting its
own investigation into Hankston's death.
But the mayor said it would have never happened if there was
not drug dealing going on at the playground. Wright told reporters that
Hankston was not involved in drug dealing. Police confirm that Hankston
had no drugs on him and said no drugs were found in the area after he
was shot.
According to Riberia, both detectives are African-American,
as was Hankston.
An autopsy report from the coroner's office is expected to be
released on Friday afternoon.
This latest incident comes at a time when police relations
with various communities in the city are severely strained, and a number
of investigations into police misconduct are crippling the department's
morale.
(Philip E. Daoust is a journalist based in San Francisco.)
------------------------------
Date: 16 Oct 95 21:21:27 EDT
From: Jim Mork <72120.370@COMPUSERVE.COM>
To: drctalk
Subject: "Undoing Drugs"
Message-ID: <951017012126_72120.370_HHB30-3@COMPUSERVE.COM>
I was told a book by Daniel K Benjamin made a strong case that we could
not give up the war on drugs. In order to argue with that point of
view, I had to somehow get the book. I had my local library initiate a
request to get it from another county. Then, while standing around in a
used bookstore while my wife browsed, I found a used copy! Only $7.50,
so I grabbed it (it is out of print)
What a find! This is the BEST source I've run across yet when it
comes to documenting the FAILURE of the drug war and the DANGER of
the drug war for civil rights.
Especially the chapter called "Goodbye Founding Fathers" (Chapter 8)
"To many Americans concerned about the destructive impact of drugs on
our country, effective action means 'getting tough'. And getting
tough often means doing whatever is necessary to fight the war on
drugs--even if it means bending the rules a bit. The drug dealers
blatantly disregard our laws; the kingpins operate according to their
own laws; and the addicts seem to care about little but their next
fix. THEY will not follow the rules of our society, so, we reason,
why should WE?"
"More than 200 years ago, our founding fathers knew that times like
these would come to our land..they knew this beause they and their
forebears had witnessed times of crisis themselves...The founding
fathers also had witnessed the responses of government to desperate
times, responses that had SEEMED necessary and proper when they were
enacted, but which had ultimately threatened man's freedom rather
than freeing man from threat. Our founding fathers understood that
the press of events and the emotions of people are formidable threats
against both the reason of law and the freedom of the individual. And
so the founding fathers created...the Bill of Rights."
"In the fall of 1989, the world was shocked to learn that the
Romanian dictator Nicolae Ceausescu had used 20 percent of that
country's population to spy on the other 80 percent....in spite of
its vocal condemnation of the deposed Romanian leader, the U.S.
government is using...a technologically improved version of
Ceausescu's espionage system in waging the war on drugs."
"...These days, the Fourth Amendment is going the way of the horse
and buggy. Neighborhood sweeps, no-knock searches, and property
seizures are all routinely permitted in the name of the war on drugs.
The U.S. Supreme Court has allowed police to poke through garbage,
hover above people's houses in helicopters to look for drugs, and
detain and question citizens based solely on their appearance."
"Even more ominous are the many cases of a family's door being broken
down by the police, who only later discover that they have the wrong
address or that the tip upon which they were acting was incorrect.
Indeed, police invasion of homes of innocent persons has become so
prevalent that it even became the subject of an episode of a popular
TV series. One week after this episode was aired, TV truth became
stranger than fiction. The victims were George and Katrina Stokes of
southeast Washington D.C. They were home one evening watching
television when a heavily armed police S.W.A.T. team crashed through
their front door. George was ordered to the floor at gunpoint and
sustained a gash on his head. His wife fell down the cellar stairs
as she tried to run away from the black-uniformed intruders. A
camera crew from a local TV station was on hand to record the whole
event. Unfortunately, the D.C. drug warriors had the wrong house.
The S.W.A.T. team was till being filmed as it trooped back outside
and drove off to find the right address."
"...Jeffrey Miles, age twenty-four, died on March 26, 1987, after a
Jeffersontown, Kentucky, police officer shot and killed him. The
officer had been sent to the wrong house looking for a suspected drug
dealer. On March 12, 1988, Tommy C. Dubose, age fifty-six, was shot
and killed by a San Diego police officer who had burst into Dubose's
living room looking for drugs. The police had obtained a search
warrant based on a tip. As it turned out, Dubose was a civilian
instructor at a nearby naval station and was, according to his
friends, strongly opposed to drugs. No drugs were found in his
apartment after his death."
"...In Plaqemines Parish, Lousiana, Glen Williamson found himself
handcuffed at 2:00AM in his own house. When Williamson pointed out
that the police arrest warrant was for a Glen Williams, a deputy
simply add "on" to the name on the warrant and arrested Williamson
anyway. Ultimately, the charges were dropped, but only after
Williamson spent a night in jail and was forced to post $25,000 bond
for his release."
"...Consider the case of Bruce Lavoie, his wife, and three children,
who lived in quiet Hudson, New Hampshire. At 5:00 AM on August 3,
1989, the police smashed down the door of Lavoie's modest apartment
with a battering ram. They did not identify themselves, and they had
no evidence that Lavoie might be armed. Nevertheless, when Lavoie
rose from his bed to resist the unknown intruders, he was fatally
shot as his son watched in horror. What did the police find? A
single marijuana cigarette."
"Incidents such as these demonstrate to many concerned citizens a
progressive erosion of the civil liberties--the constitutional
rights-- of Americans. As University of Michigan School of Law
Professor Yale Kamisar says, 'Throughout American history, the
government h
the eligible age who couldnt afford one of the many exemptions. It was
class and wealth based. Most Americans could be "pro Viet Nam" knowing
(as for example Dan Quayle and Rush Limbaugh knew) it was someone ELSE'S
life on the line. One more parallel between the Drug War and Viet Nam.
Legalization may be the most effective response to the problem. But the
brunt of law enforcement intrusions is still on a small minority, so
perhaps that is why, even though part of the 80 percent approving the
War is ON drugs, they can still support an attack on the Bill of Rights
whose weight is falling on other classes and races.
- Unlike officials in some other counties, the Riverside
supervisors do not receive regular reports summarizing complaints
against their sheriff's deputies. Nor do they keep a running total
of tax-dollar payouts to victims of officer misconduct. - Board
of Supervisors Chairwoman Ceniceros said she could recall only a
few monetary settlements involving officer
misconduct during her 16 years in office. "They were for minor
things," she said.
- Yet just two years ago, the Sheriff's Department settled a
federal civil rights lawsuit by paying Richard and Sandra Sears a
total of $420,000 for injuries they suffered during a botched
narcotics raid. Richard Sears had alleged that sheriff's deputies
in SWAT uniforms and masks stormed into his house in the middle of
the night and smashed his face with a rifle butt, according to his
attorney, Stephen Yagman. - County officials later
acknowledged they had the wrong house. - Yagman's office
recently filed another brutality suit against the Sheriff's
Department. He alleges that deputies violated Edward A. Luers'
civil rights by fatally shooting him during a domestic
disturbance call, when Luers was acting strangely but not
threateningly.
Date: Thu, 18 Apr 1996 15:04:08 -0700
From: Delta
To: "'drctalk@drcnet.org'"
Subject: AZ Star:County Pays for Raid on Wrong Home
Message-ID: <01BB2D38.4DAFB580@CIS1-P5.EVERETT.NET>
------ =_NextPart_000_01BB2D38.4DB8DD40
Content-Type: text/plain; charset="us-ascii"
Content-Transfer-Encoding: quoted-printable
County pays for raid on wrong home
By Hipolito R. Corella
The Arizona Daily Star,Thu Apr 18,96
(c)1996 Arizona Daily Star
A westside family whose house was mistakenly raided by a Sheriff's
Department SWAT team last year will receive $115,000 from Pima County.
The settlement was approved Tuesday by the Board of Supervisors. Robert
and Gloria Varela, both 62, and their daughter Brenda, 32, sued Sheriff
Clarence Dupnik and his department last November for a bungled raid at
their home near West Speedway Boulevard and North Greasewood Road.
In the July 19 raid, several heavily armed SWAT team members stormed the
Varela home at 8 a.m., while the family was sleeping.
The deputies - clad in combat gear and armed with automatic weapons -
were supposed to raid the house next door as part of a citywide drug
sweep.
In the lawsuit, Robert Varela said he was forced to the floor while
deputies pointed a gun to the forehead of his wife. Their daughter, who
woke to find the couple forced to the floor, was ordered to face a wall
in her room, the lawsuit states.
After the raid, Gloria Varela was treated overnight at a hospital for
high blood pressure. Varela and his daughter were also treated at a
hospital and released later that day.
The lawsuit, filed by Tucson attorney Michael Bloom, did not specify
damages.
Commanders with the Sheriff's Department said the botched raid was the
result of carelessness. An internal investigation found that the team
did not follow department procedures. (end)
970208, Tuscon, AZ, Albuquerque, NM, THE LIBERTARIAN, Vin
Suprynowicz. David Aguilar (44) killed 970110 by DEA agent staking
out the neighborhood. This is the Three Points area 22 miles west of
Tuscon. Ralph Garrison (69) in downtown Albuquerque, NM, killed by
ninja warriors breaking into his rental house next door. Turns out
that they were just Albuquerque Police looking for fake IDs.
970208, Tuscon, AZ, Albuquerque, NM, THE LIBERTARIAN, Vin
Date: Wed Feb 05, 1997 4:33 am CST
From: Matthew Gaylor
EMS: INTERNET / MCI ID: 376-5414
MBX: freematt@coil.com
TO: Matthew Gaylor
EMS: INTERNET / MCI ID: 376-5414
MBX: freematt@coil.com
BCC: * David Beiter / MCI ID: 635-1762
Subject: Vin Suprynowicz On the DEA's "License to kill"
From: vin@intermind.net (Vin Suprynowicz)
Subject: Column, Jan. 24
FROM MOUNTAIN MEDIA
FOR IMMEDIATE RELEASE DATED JAN. 24, 1997
THE LIBERTARIAN, By Vin Suprynowicz
License to kill
David Aguilar, 44, retired from the military after 20 years and decided
to live on his pension so he could be a "stay-at-home dad" to his five
youngest children, aged 3 to 15, according to Beth Cascaddan, his neighbor
in the Three Points area, 22 miles west of Tucson, Ariz.
"He was extremely devoted to his children," Ms Cascaddan told reporter
Melissa Martinez of the daily Tucson Citizen. Aguilar also coached youth
football and baseball.
But on the early afternoon of Friday, Jan. 10, David Aguilar sensed
something wrong. A man was sitting in a car parked alongside the road
bordering Aguilar's property, just sitting and watching.
Only a few days earlier, residents of the neighborhood had been informed
by law officers that a convicted sex offender was moving into the area,
Cascaddan recalls.
The man's behavior was unusual. "Out here," Cindy Dowell, another
neighbor, told reporters for the competing Arizona Daily Star, "people just
don't sit" in cars.
Aguilar's children, including his 15-year-old son, later recalled that
their father approached the man in the parked car, asking whether he was
lost.
Whatever the man said, it led to an argument. Seeing that the stranger
was not going to move along, Aguilar went back to the house and returned
with a gun. The children told neighbor Bonnie Moreno their father was
simply trying to scare the man away.
There is no indication David Aguilar ever fired. When the man in the car
saw Aguilar returning, he drew his own gun and, at 2:45 that Friday
afternoon, fired multiple times through his own windshield. David Aguilar
died that evening in a Tucson hospital, of a single gunshot wound to the
chest.
The good news is, local police know who did the shooting.
The bad news is, they won't release his name, and he has not been charged.
Detectives with the Pima County Sheriff's Office politely asked the
fellow to drop by and meet with them Sunday, Jan. 12, but the newspapers
reported the next day that the shooter "postponed the meeting because he
had not spoken to his lawyer."
Why the incredible deference to this known killer?
It turns out the shooter is an undercover agent of the federal Drug
Enforcement Administration.
Although David Aguilar and his family were not the target of any drug
investigation, the unnamed agent was staking out their neighborhood.
"Investigators did not say yesterday whether the agent identified
himself" to Aguilar before opening fire, the Tucson newspapers report.
Although a funeral was held Jan. 14, burial will not take place until the
family raises $3,213 in funeral costs.
# # #
Ralph Garrison, 69, a video store owner, lived in downtown Albuquerque, N.M.
In a lifetime of owning small businesses, he put away enough to buy a
second house next door, which he rented out.
Before sunrise on Monday, Dec. 16, 1996, Ralph Garrison awakened to hear
the sounds of someone breaking into his rental property next door.
His tenants apparently were not at home.
Garrison went outside to ask who these people were and what they were
doing. The men -- dressed in black with no visible identifying marks,
wearing black "balaclava" hoods which may have been pulled down to conceal
their faces, shined lights in his eyes, brandished rifles and yelled at him
to get back in his house.
Ralph Garrison called 911. The daily Albuquerque Journal printed a
transcript of the call on Dec. 18.
Dispatcher: "Emergency center operator 90. What is your emergency?"
Garrison: "They're breaking into my house -- a whole bunch of people."
Dispatcher: "They're backing into your house?"
Garrison: "They're breaking in. Hurry up. Please hurry up."
Dispatcher: "Who's breaking in?"
Garrison: "I don't know. There's a whole bunch of people out there. ..."
Garrison gives his address.
"How many people are there?"
"Oh, about four or five."
"How are they trying to get in?"
"Oh, they're breaking in with uh, axes and all kinds of stuff."
"With axes?"
"Yes. They're breaking in hammers, and all kinds of things. Please. I've
got a gun. I'm gonna go up there and shoot them."
"OK. Stay on the phone with me. I'm getting somebody out there, OK?"
Garrison reports that when he went outside the men shined flashlights in
his face, repeating that he has no idea who they are.
Reporter Jeff Jones of the Journal writes that when the actual 911 tape
was played at press conference later that day, Garrison's voice was "filled
with fear and panic."
"Please hurry up," Garrison says. "They've got flashlights, and cars, and
trucks, and all kinds of stuff back there. Please, please hurry up. I'm
gonna go out there now."
"Can you take the phone with you?"
"Yes."
"OK. Take the phone with you."
Next week: Albuquerque's finest.
Vin Suprynowicz is the assistant editorial page editor of the Las Vegas
Review-Journal. Readers may contact him via e-mail at vin@lvrj.com, or
vin@intermind.net. The web site for the Suprynowicz column is at
http://www.nguworld.com/vindex/. The column is syndicated in the United
States and Canada via Mountain Media Syndications, P.O. Box 4422, Las Vegas
Nev. 89127.
***
Vin Suprynowicz vin@lvrj.com, (OR:) vin@intermind.net
Voir Dire: (n), A French phrase which means "jury tampering."
+++++++++++++
FROM MOUNTAIN MEDIA
FOR IMMEDIATE RELEASE DATED JAN. 26, 1997
THE LIBERTARIAN, By Vin Suprynowicz
License to kill, Part II
Last week, I recounted the tale of how David Aguilar, a 44-year old
veteran from Tucson, Ariz., came to be shot to death on his own property by
an undercover drug cop, who has not been charged with any crime as of this
writing.
We then prepared to deal with the case of Ralph Garrison, 69, a video
store owner from Albuquerque, N.M., who dialed 911 before dawn on Dec. 16,
1996 when a gang of black-clad men started breaking into his rental
property next door, using sledge hammers and axes.
On Dec. 18, the daily Albuquerque Journal printed a transcript of that
911 call. I delete some repetitions and pauses:
Garrison: "They're breaking into my house -- a whole bunch of people. ...
Please hurry up."
"How are they trying to get in?"
"Oh, they're breaking in with uh, axes and all kinds of stuff. ...
Please. I've got a gun. I'm gonna go up there and shoot them."
"OK. Stay on the phone with me. I'm getting somebody out there, OK?"
Reporter Jeff Jones, of the Journal, writes that Garrison's voice was
"filled with fear and panic" as he described lights being shined in his
eyes, and insisted he had no idea who the invaders were.
"Please hurry up. Please hurry up," Garrison says. "I'm gonna go out
there now."
"Can you take the phone with you?"
"Yes."
"OK. Take the phone with you."
As Garrison moves toward his back door, his dog begins barking, and he
complains he still can't see what's going on because of lights shining in
his face. "I've got my gun," he says. "I'll shoot the sons of bitches."
Police report that Albuquerque Police Officer H. Neal Terry and county
deputies James Monteith and Erik Little -- displaying no badges, dressed in
unmarked dark SWAT gear and possibly wearing their black hoods pulled down
over their faces -- saw Garrison come to his back door with a gun in one
hand, a cellular phone in the other. All three officers opened fire with
their AR-15 assault rifles, discharging at least 12 rounds.
Police Chief Joe Polisar said it isn't department policy to notify 911
dispatchers before serving a warrant -- in this case one under which police
hoped to find "counterfeit items including checks, driver's licenses and
birth certificates."
Garrison was not suspected in connection with the "fake ID" ring. No one
was arrested that day. Local papers were not told whether any false
documents were found.
Officers did find it necessary to shoot and kill Garrison's Chow dog,
when the animal tried to protect his master after he was down.
Garrison's wife, Modesta, was inside the home at the time police killed him.
Albuquerque police officer Howard Neal Terry, one of the three "lawmen"
involved, has been a defendant in three federal excessive-force lawsuits in
the past six years, the local daily reports. The city of Albuquerque has
paid more than $375,000 to settle the three lawsuits.
In one case, Terry kicked an unarmed man in the head, causing permanent
brain damage, and then contended the 64-year-old Mexican man "resisted
arrest." In another case, the city argued (before paying up) that another
Mexican man, whose home Officer Terry has invaded, was responsible for his
own injuries since he failed to obey the officer's orders. In March 1993,
Terry was one of two officers involved in the fatal shooting of Randy
Libby, a 30-year-old man who supposedly threatened them with a
locomotive-shaped cologne bottle. The city paid off the Libby family to the
tune of $100,000.
Polisar and County Sheriff Joe Bowdich said they believe the officers
shot Garrison in accordance with departmental policies.
The officers "couldn't look into his heart and mind," Polisar said. "They
simply had to make a split-second decision."
Why do I doubt that if Mr. Garrison had shot and killed the deputies,
Sheriff Polisar would be holding a similar press conference to explain why
Mr. Garrison was not being charged with any crime, since "He could not look
into the hearts and minds of the unidentified, black-clad men brandishing
AR-15s at him on his own property. He simply had to make a split-second
decision"?
# # #
Pro-government extremists will argue that, in each case, if these
citizens had docilely allowed armed strangers to have their way, they might
still be alive.
But this does not constitute a rebuttal to my contention that we are now
living in a police state. Rather, it merely constitutes advice on how we
might behave if we hope to survive a little longer (start ital)in(end ital)
a police state.
Short-sighted advice.
The Jews of Eastern Europe figured their best course was to passively
obey the authorities in 1942. We all know where that got them.
Our judges are now issuing search warrants which allow police to invade
private property without notice, and murder any law-abiding citizen they
find there, on as flimsy a pretext as "searching for fake ID."
The mistake made by David Aguilar and Ralph Garrison was not in taking up
arms to defend their homes, families, and neighborhoods. That is the right
of every American.
They made their mistakes when they allowed themselves to be outgunned,
when they failed to wear Kevlar, and when they decided to confront their
violent assailants directly, rather than waiting with longer-range weapons
in positions of concealment.
The people will re-learn these lessons eventually ... if only through
genetic selection.
Vin Suprynowicz is the assistant editorial page editor of the Las Vegas
Review-Journal. Readers may contact him via e-mail at vin@lvrj.com, or
vin@intermind.net.
***
Vin Suprynowicz vin@lvrj.com, (OR:) vin@intermind.net
Voir Dire: (n), A French phrase which means "jury tampering."
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Date: Thu Feb 13, 1997 4:46 pm CST
From: Matthew Gaylor
EMS: INTERNET / MCI ID: 376-5414
MBX: freematt@coil.com
TO: Matthew Gaylor
EMS: INTERNET / MCI ID: 376-5414
MBX: freematt@coil.com
BCC: * David Beiter / MCI ID: 635-1762
Subject: Update on Tucson DEA Shooting of Innocent Man
--Boundary (ID S5O3UM7vr4zt2lsScCBkRQ)
Content-type: text/plain; charset=iso-8859-1
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=46rom: David
Reply-To: dzaz@azstarnet.com
Subject: DEA execution in Tucson
Word for word here is the latest, from our local fishwrap. I see quite a
few holes in the agent's story as well as the local prosecutor
statement. It all seems to fit (very neatly) into a brush-off for the
agent, who will probably not even miss a day's pay. I will send what I
can when I can (that is if you're interested).
DZ in AZ
Statements conflicting in DEA shooting
Slain man approached car once, prosecutors decide
By Ang=E9lica Pence
The Arizona Daily Star
Witnesses gave conflicting statements as to whether a slain Three Points
man approached a DEA agent's vehicle once or twice before being shot,
a review of records by The Arizona Daily Star shows.
However, after reviewing the statements, prosecutors decided that David
Aguilar, 44, only approached Agent James Laverty's vehicle once with a
gun before the agent shot him.
Laverty, a 27-year-old rookie with the Drug Enforcement
Administration, was part of a seven-member surveillance squad working
in Three Points when the Jan. 10 shooting occurred. Laverty was cleared
of any criminal wrongdoing by prosecutors on Feb. 3.
In their separate reports, three Pima County Sheriff's Department
detectives stated that Aguilar's 15-year-old son, Dominic, told them
hours after the shooting that his father approached the car twice.
``Dominic said his father went outside and told the man to leave but the
man said no,'' said Pima County Sheriff's Department Deputy Jean
Cundiff. ``His father went back into the house and got a gun.''
But in a taped statement made to Detective Gary Burns 2 1/2 hours after
the shooting, the teen did not mention an earlier conversation between
the two men.
When investigators interviewed Laverty four days after the shooting, he
insisted he had only one confrontation with Aguilar. Laverty initially
declined to speak with investigators until meeting with an attorney.
Deputy County Attorney Rick Unklesbay said he discounted the
deputies' summary reports, saying they misunderstood what Dominic
Aguilar said.
``Some detectives decided that there had been two confrontations, but
the son clearly does not say that in his statement,'' said Unklesbay.
``When you read Dominic's statement, he very clearly is able to lay out
exactly what he saw happen.''
Yet investigators never asked the teen if his father approached
Laverty's
vehicle once or twice, a transcript of the interview shows.
The teen's response to the following question about when his father
walked up behind the agent's vehicle is unclear:
Detective: ``He went back in the house (after pulling into the
driveway)?''
Dominic: ``No, he was talking on, go at first, and, and he told the guy
to leave.''
While Aguilar's 11-year-old daughter, Charde, said her father never
spoke to Laverty before the shooting, she was not asked if he
approached Laverty's vehicle more than once.
Unklesbay said he decided the shooting was justified after reading the
statements from Charde, Dominic and Laverty.
The detectives who interviewed Dominic Aguilar at the scene all declined
to comment for this article. The Aguilar family has refused all
interview requests.
In his statement to investigators, Laverty also justified his actions,
saying he feared for his life when he shot Aguilar.
``I believe . . . I was going to be executed,'' Laverty said. ``I
believed that at any moment (Aguilar) was going to shoot me.''
The day of the shooting, Laverty was parked outside Aguilar's house,
conducting surveillance of Arizona 86. Agents were looking for a green
truck carrying a load of marijuana.
``There wasn't really any(thing) specific . . . to Three Points or . . .
the block that I was on,'' he said. ``It wasn't imperative that I be
right there.''
According to the Sheriff's Department investigation file: Aguilar and
his two daughters noticed Laverty's unmarked sedan when they climbed
into the family's van to go pick up Aguilar's wife at work.
Aguilar stopped at a nearby Baptist church, turned around and drove
back home. Aguilar ``thought that guy was gonna do something to us, so
he went back home,'' Dominic Aguilar said.
Charde Aguilar said her father drove by slowly in order to get a good
look at Laverty, who was ``laying down with his arms behind his head,
with sunglasses on.''
When they returned, Aguilar told his daughters girls to go inside.
According to Dominic Aguilar's statement, his father was ``just gonna go
scare the guy.'' The father ignored his son's pleas not to confront the
unknown man.
`That's the last (time) that I saw . . . my dad (alive, when) he went
outside,'' Charde said.
The agent said Aguilar approached him as if stalking him. ``It wasn't a
plain walk . . . it was kind of a stealthily . . . attack approach,'' he
told investigators.
Seconds later, Laverty said he saw Aguilar reach for an object inside
his sweat pants.
``I turned around to . . . see who he was (and) next thing I saw was the
barrel of a rifle trained directly on my head, inches away from the
window,'' he said.
Aguilar was holding his .22-caliber sawed-off rifle, Dominic Aguilar
said, with his right hand, while balancing it with his left forearm.
Laverty said Aguilar ordered him to step out of the car.
But the agent refused ``trying to buy a little bit of time,'' he said.
``At that time I'm thinking of how to survive this incident and
believing that at any moment (Aguilar) is going to fire that weapon and
kill me,'' he said. ``So I'm trying to think of how to get out of this
alive.''
Laverty said he yelled ``police'' at the Three Points resident. But when
investigators asked the agent if he had identified himself as a DEA
agent, he replied ``No, I believe that at any moment (Aguilar) was gonna
pull the trigger and kill me. I saw that he had a weapon trained at my
head.''
That day, he was wearing a badge around his neck but had it tucked into
his shirt where it was not readily visible.
The DEA agent, who was not wearing a bullet-proof vest, said he drew
his 9mm handgun, which was hidden between the front seats, put the car
in reverse and fired eight shots at Aguilar through the windshield.
``The whole time that I was firing, my life was in danger and I believe
he was shooting at me,'' said Laverty, a former Chicago Police
Department officer.
``I never saw that the threat was neutralized,'' he said.
Dominic Aguilar saw it differently.
The stranger, he said, ``pulled back in his car (and) started shooting
at my dad. My dad ran. My dad wasn't gonna shoot him.''
Trapped by a fence, Laverty had no choice but to stop his car and drive
forward to flee.
He did, and fired three more rounds at Aguilar.
``My dad ran,'' Dominic Aguilar said. But ``he shot him right here in
the side.''
Bleeding from the abdomen, Aguilar staggered, stumbling several times
before falling one last time on the dirt road near his home.
``I ran inside and told my sisters there was (a) shooting,'' Dominic
Aguilar said.
The teen then ran to a nearby video store and had a clerk call 911
before returning to his father's side.
``I went back, I got my baby brother's sweater and put it on my dad's .
.. stomach . . . where he'd been shot.''
Laverty told investigators he thought he heard a gunshot but could not
be sure if David Aguilar opened fire at him. Dominic Aguilar also said
he was unsure if his father had fired at the stranger.
A ballistics report showed that Aguilar's gun had been fired at least
once, said Unklesbay.
An empty cartridge was found in the chamber of Aguilar's weapon but
investigators did not find a .22-caliber slug at the scene.
``All we can say for sure is that the casing that was found in the gun
was fired by that gun,'' Unklesbay said. ``But we can't determine if it
was actually (fired) that day.''
Eight years ago, Aguilar and his wife moved to Three Points from
Tucson, neighbors said, to escape crime and gang violence.
A few days prior to the fatal shooting, county deputies notified Three
Points residents that a convicted sex offender was being released in
their small community.
Attorneys for Aguilar's family said DEA officials failed to consider the
heightened concern and increased level of suspicion homeowners in the
remote community may have had as a result of the notification.
Aguilar's daughter Charde - who had read a flier taped in her school
bus warning school children of the new resident - told detectives her
father thought Laverty ``was the guy'' - the sex offender. She told
detectives her father stayed home more often after being told of the sex
offender.
But Laverty's lawyers say their client knew nothing of the notification
when he parked in front of the family's brick home that Friday
afternoon.
Most neighbors described David Aguilar as a family man who earned a
living working construction jobs, coaching Little League and caring for
his children while his wife worked at Sun Tran in Tucson.
Others knew him as a tempestuous man who had occasional run-ins with
the law.
When he died, Aguilar had at least three outstanding citations,
including one for shoplifting, and an outstanding warrant for his
arrest.
In December 1994, Aguilar was cited for shoplifting from the Southwest
Supermarket, 635 W. Valencia Road. When he failed to appear in court
on the shoplifting charge, the court issued a warrant for his arrest.
The shoplifting citation was the only criminal citation Aguilar received
since 1989. He had nine civil traffic citations, City Court records
show.
More than a month after the shooting, the case is far from over.
=46ollowing the county's decision not to charge Laverty, the Aguilar
family filed a wrongful death lawsuit against Laverty for an unspecified
amount in damages.
The lawsuit came about a week after attorneys for Aguilar's family filed
a separate $29.5 million civil claim against the DEA, the Department of
Justice and the federal government.
``I've never had to fire my weapon at anyone,'' the agent told
investigators.
``I believe if I were to get out (of the car) I was going to be executed
. . .even if I didn't get out I believed that at any moment he was going
to shoot me through the window.''
As I read through this story I got the feeling that something wasn't
quite right. For one thing, you'll notice, the agent said Aguilar
approached him as if stalking him. ``It wasn't a plain walk . . . it was
kind of a stealthily . . . attack approach,'' he told investigators.
<>
Seconds later, Laverty said he saw Aguilar reach for an object inside
his sweat pants.
``I turned around to . . . see who he was (and) next thing I saw was the
barrel of a rifle trained directly on my head, inches away from the
window,'' he said.
<>
This article would almost be better than "Clue" if it weren't real. As
you read throught it again (and perhaps again) find the errors in the
agent's statements.
Keep in mind (nobody has taken the time to point out) that this area
"Three Points" isn't too far from the Mexican border. The agent was
parked near the highway, about 5-6 miles from the base of some foothills
(down the road, actually) where I'm sure drugs are smuggled regularly.
But this spot is probably the worst place to "park and snoop".
The stupidist part of the whole incident (and those like it) is that
this was "for the people's own good - you know, the drug war". Local
reaction is incredibly mixed, with the majority going to the side of the
DEA agent. This makes me sick.
DZ
--Boundary (ID S5O3UM7vr4zt2lsScCBkRQ)
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Subject: Re: Call the Governor (Police state?)
From: Bob Tiernan
Date: Mon, 23 Jun 1997 22:07:12 -0700
Message-ID:
Organization: Teleport - Portland's Public Access (503) 220-1016
Newsgroups: or.politics
References: <33AE18FE.609E@TELEPORT.COM>,
<5OL6EC$1PO$1@NADINE.TELEPORT.COM>, <33AE229F.CFC@TELEPORT.COM>
On Mon, 23 Jun 1997, Mike wrote:
> Is it really a police state? Really now, Mr. Robert, do you feel as if
> you're living in a police state?.....It may resemble a police state to
> those always in trouble with the law. For those of us who choose to obey
> the law, ain't much of a police state. Makes me wonder about you....
On August 19. 1994, armed gov't agents raided the mobile home of 87-year
old Don Harrison and his 77-year old wife, believing it to be a drug lab.
They got the wrong home despite clear descriptions which should have
prevented the mistake. Result? Mr. Harrison died or a heart attack four
days later, and his wife went into a coma.
On March 25, 1994, 13 armed black-ninja suit wearing Boston policemen
raided an apartment looking for drugs. Wrong address again. Assuming
they were right, of course, they proceeded with their military rather
than civilian-type methods. They threw occupant 77-year old retired
black preacher Accelyn Williams to the ground, handcuffed him, and pointed
numerous guns at his head. Minutes later he died of a heart attack.
On August 25, 1992, DEA, Customs, and local police agents raided the home
of computer executive Don Carlson. They watched him get home at 10 PM,
then let him settle into bed before attacking. First they set off an
explosion in the backyard, then battered the front door to get through
it. Carlson grabbed his gun and demanded to know who was at the door.
No answer. He was then shot twice, and left unattended for awhile.
A confidential DEA report concluded that the raiders had earlier realized
the informant had lied, but raided the home anyway.
In April 1992, the back door of Adolph Archuleta, 54, was kicked in by
Colorado police. Having been previously robbed four times by people
coming through that same door, Adolph ran into the back room with a gun in
his hands. He was shot four times and killed. Pitkin County Sheriff
Braudis later had this to say about no-knock raids: "Such raids are very
dangerous. They are the closest thing I can think of to a military action
in a democratic society....The 'war on drugs' is an abysmal failure, and
even the term creates a very dangerous war mentallity".
On march 15, 1992, a police SWAT team raided the Everett, Washington
home of Robin Pratt, by smashing into her apartment looking for her
husband. She was killed in the ensuing "confusion". The city of
Seattle (i.e. taxpayers) settle a lawsuit by paying Pratt's family
$3.4 million.
On May 1, 1988, Seattle police raided the South Seattle home of 41 year
old Erdman Bascomb by smashing down the door. Bascomb was right
there in plain view on the couch, holding a remote control. Quickly
assuming it to be a gun, police killed him. No drugs were found again.
His family sued the police, but to this day legal responsibility for the
shooting is undecided.
In January of 1995, Lynn, Mass. police smashed their way into 64 year old
Rose Zinger's home. Mrs. Zinger had been a teenage survivor of the Nazi
holocaust who had hid in places in Russia and Poland, causing her to
suffer from paranoia the rest of her life. The police had no search
warrant, no arrest warrant, just a form requiring temporary commitment of
Zinger to a mental health clinic. She was roughed up, hand-cuffed, and
dragged down the stairs. She died of a heart attack minutes later.
A jury later ordered the police department (i.e. taxpayers) to pay
her children $1.35 million.
And then there's Donald Scott of Malibu, whose home was raided in the wee
hours four or so years ago. He came out into the hallway with a handgun
to see who had kicked his door in. He was shot dead. No weed or anything
else was found.
"Mike", in order for the government to show that they're serious about
drug fightimg, these atrocities will continue. Oh, yeah, they were
not lawbreakers, either. So much for "only" lawbreakers feeling as
though they're in a police state. These people are all dead. Their
killers are still on governemnt payrolls.
Bob T.
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