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SWAT/Paramilitarization

Law Enforcement: Drug Cops Kill Two in Two Days in Drug Raids in Florida and Tennessee

At least two US citizens were killed in their own homes by American police enforcing the war on drugs in a 48-hour period late last week. One was a 52-year-old white grandmother; the other was a 43-year-old black man. Both allegedly confronted home-invading officers with weapons; both were shot to death. No police officers were injured.
Brenda Van Zwieten
The combination of widespread gun ownership in the US with aggressive drug war policing is a recipe for tragedy, one that is repeated on a regular basis. Gun owners commonly cite protecting themselves from home-invading robbers as a reason for arming themselves, while police cite widespread gun ownership as a reason they need to use SWAT-style tactics, breaking down doors and using overwhelming force against potential shooters. That homeowners would pick up a weapon upon hearing their doors broken down is not surprising, nor is it surprising that police are quick to shoot to kill "suspects" who may pose a threat to them. The first killing came Thursday morning in North Memphis, when a Bartlett, Tennessee, police narcotics squad serving a search warrant for drug possession -- not sales, manufacture, or possession with intent to sell -- shot and killed Malcolm Shaw, 43, after breaking into his home. Police said they knocked on Shaw's door several times and identified themselves as police before entering the home. Police said Shaw emerged from a room and pointed a gun at plainclothes officer Patrick Cicci. Cicci fired once, killing Shaw. Cicci is on administrative leave pending an internal investigation. While the Bartlett Police investigation is ongoing, that didn't stop the Shelby County District Attorney's Office from announcing Monday that Cicci will not be prosecuted. Cicci's killing of the homeowner was "apparent justifiable use of deadly force in self defense," a spokesman said. Bartlett police said that while the Bartlett narcs conducting the raid were not in uniform, their gear clearly identified them as law enforcement. They wore "high-visibility vests" marked "POLICE" in several spots, police said. The killing of the well-known neighborhood handyman led to the formation of a crowd hostile to police outside his home. Bartlett police on the scene had to call Memphis police to do crowd control. Memphis police complained that the Bartlett narcs had not followed law enforcement protocols requiring them to notify the local agency when they were operating in its jurisdiction. They said they were notified only as the raid commenced, and that moments later, they got a request for an ambulance at the address, and moments after that, they got a request that they send a couple of police cruisers for crowd control. Timothy Miers, who said he was Shaw's brother accused police of being trigger-happy. "How you gonna go in serving a warrant and shoot somebody?" Miers asked. "They already had their finger on the trigger." The sense of disbelief over the killing was shared by members of the crowd gathered outside Shaw's home. Many complained about the officers' actions. "My heart fell to the ground," one neighbor said. "We can't believe it," said another. "Malcolm out of all people." Family members expressed confusion about the shooting, saying Shaw was not a person they would have expected to threaten officers. "They say he had a gun," said Miers. "My brother doesn't have no gun." Friends of Shaw said the same thing. "I ain't never seen him with no gun," said Arvette Thomas, a friend of Shaw. Shaw never bothered anyone, neighbors said. "I think it's wrong to just kill him like they did," said a neighbor, "because he wouldn't hurt a fly." Less than 48 hours later, members of a Broward County Sheriff's Office SWAT team and its Selective Enforcement Team in Pompano Beach, Florida, shot and killed Brenda Van Zweiten, 52, during a drug raid on her home. Police had developed evidence that drugs were being sold from the residence, and obtained a search warrant. After allegedly identifying themselves as police, they broke through a sliding glass door to a bedroom and arrested Van Zweiten's boyfriend, Gary Nunnemacher, 47, on charges of possessing less than 20 grams of marijuana. Van Zweiten was in a different bedroom, and was shot and killed by deputies when she emerged holding a handgun. According to police, she refused to put down her weapon, so they shot her. Police reported finding one gram of heroin, four grams of crack cocaine, marijuana, marijuana plants, 40 generic Xanax tablets, $550 cash, two shotguns, and a rifle. Family members said Van Zweiten had a prescription for Xanax, but was not a drug dealer. But police had earlier in the day arrested three people leaving the home who they say had bought drugs there -- although police did not say from whom. After Van Zweiten's killing, police were unrepentant. "When you approach a police officer with a loaded weapon and don't put the weapon down, there's going to be consequences," sheriff's spokesman Mike Jachles said. "It's unfortunate, but I'd rather be talking about a dead suspect than a dead cop." Van Zweiten's brother, Bill George, said his sister had recently received threats and was afraid of break-ins. "It was an unlawful shooting," he said. "She's 98 pounds. She was just trying to protect herself. I would come out of my room with a gun too." As news of Van Zweiten's death spread, friends, neighbors, and family members expressed dismay and disbelief. They called the incident a "set up" and said the blonde grandmother was affectionately called "Mom" by many who knew her for using her home as a neighborhood hangout to keep kids off the streets. Dozens of people gathered in her yard near a flower-bedecked cross put up as a memorial. "Look at these people," said George. "She helped so many of these young people." "She was like a second mom to me," said Michael Miller, 18. "She would take in anybody." "There was no reason for this," said son Rob Singleton, 32. Van Zwieten had no criminal history involving drugs or violence, state records show. George said that Van Zweiten had reason to fear intruders because she had been threatened recently by a man accused of stealing watches and rings that were part of a shrine to two of her four sons, who had died within the past three years, one in a traffic accident, one of a drug overdose. She had just installed an alarm system last week, George said. "She was scared." Singleton showed reporters inside the house, including the small bedroom where she was shot. A large puddle of blood remained on the floor, and the walls and ceiling were splattered with blood -- from his mother's head, he said. "She was probably running into the closet and trying to hide," he said. As is all too typical in such raid, police also totally trashed the house. As the Sun-Sentinel reported: "Much of the interior of the three-bedroom house looked as if it had been hit by a tornado... Drawers were pulled from dressers, clothes were scattered, a bed was overturned, food and crockery had been knocked from kitchen cabinets." The shrine to her dead sons was also destroyed, Singleton said. Two Broward County Sheriff's Office detectives are on administrative leave pending an internal investigation. They have not been named.

Former Cop Says Mayor Calvo Should Stop Complaining About the Killing of His Dogs

Check out this letter in The Baltimore Sun from an ex-cop who's pissed off about Cheye Calvo's efforts to monitor the use of SWAT teams. The writer apparently thinks police should be free to use as much violence as they choose without having to explain themselves to angry innocent citizens whose pets they kill.

Radley Balko picks the whole thing apart masterfully, resulting in a rather useful point-by-point refutation of all the most common defenses of constantly using SWAT teams for everything. There isn’t much else to say except that it still amazes me that anyone would dare condemn Calvo's advocacy. Guess what, if cops bust into an innocent family's home and kill their dogs, they're going to be extremely displeased.

Everything that happened here is the fault of bad laws, bad procedures and bad cops. None of this is Cheye Calvo's fault, and any suggestion that he's overreacting is plainly ridiculous. You can't overreact to police coming into your home and shooting your pets! It's a really big deal. This wasn't a random accident that everyone can just put behind them. There is no such thing as an acceptable number of dog killings in the homes of innocent marijuana suspects. Things like that should never happen at all, and if they do, it should be discussed constantly until every contributing factor is identified and every responsible party is held accountable.

Thanks to the Drug War, Innocent People Fear Police

When a mysterious package of marijuana arrived at the home of Berwyn Heights Mayor Cheye Calvo, police arrived moments later and murdered his dogs in a horrible botched drug raid. He was completely innocent, and now other innocent people who receive suspicious packages have to worry about being victimized by law-enforcement:

Sloan and Anderson have a German shepherd named Cheyenne. Sloan said the Berwyn Heights fiasco sprang to her mind the instant her husband told her about the coffee grounds.

"Before he even looked in to see what kind of drugs they were, I called 911," she said. "I told them exactly what was going on. I'm like, I don't want them coming through my door with guns drawn, because I love my dog." [Washington Post]

It's just so tragic that anyone would even have to worry about such a thing. Every single element of this problem is a symptom of prohibition, from the smuggling technique of intercepting packages at random addresses all the way up to the violent raids and dog killings that occur when police crash into private homes with big guns and no proof of guilt. It's a dreadful situation and no one is safe from it.

For more on the horrors of paramilitary policing, here's an interesting piece from Radley Balko and some disturbing news from Pete Guither.

Which is More Dangerous: Marijuana or Machine Guns?

Via The Agitator, here's another vexing example of the inherent hypocrisy of performing heavily armed SWAT raids in the name of protecting the public:

Police arrested Jonathan E. Whitworth, 25, of 1501 Kinloch Court on Feb. 11 on suspicion of possession of drug paraphernalia, possession of marijuana and second-degree child endangerment.
…
SWAT members encountered a pit bull upon entry, held back and then fatally shot the dog, which officers said was acting in an uncontrollably aggressive manner.

Whitworth was arrested, and his wife and 7-year-old son were present during the SWAT raid, Haden said. A second dog, which Whitworth’s attorney Jeff Hilbrenner described as a corgi, also was shot but was not killed. [Columbia Tribune]

So this guy is charged with child endangerment for possessing a misdemeanor amount of marijuana, yet police are free to enter private homes and shoot the family pets right in front of innocent children. It seems the only thing dangerous about a small bag of weed is that police might get the mistaken idea that you're a major supplier and raid your home with guns blazing.

As safe as marijuana is, it would be a hell of a lot safer if the cops didn't do these kinds of things.

Botched Drug Raid Death Leads to $2.5 Million Settlement

Looks like this is as close as we'll ever get to seeing justice for the family of Tarika Wilson:

LIMA, Ohio — The insurance carrier for the City of Lima has agreed to pay $2.5 million to the family of a woman who was shot and killed by a city police sergeant in January, 2008.
…
Wilson, 26, a biracial woman, was shot to death by Sgt. Joseph Chavalia, who is white, during a drug raid at her south side home. Wilson's 1-year-old son, Sincere, was injured in the gunfire.

The incident led to allegations by some in the African-American community in Lima who charged that the city's mostly white police department targeted blacks. [Toledo Blade]

And it led to a lot of accusations from drug policy reformers that police shoot way too many innocent people in overly-aggressive drug raids. You may recall that this was the case in which the officer claimed that he opened fire on Tarika because he was startled by gunshots downstairs. Those shots were fired by his own fellow officers as they killed the family's dogs. Tarika Wilson literally lost her life because a cop was freaked out by gunfire from another cop. Oh, and her baby daughter also got shot.

Radley Balko has much more.

Cory Maye: Drug War Victim Gets a New Trial


The battle over the fate of drug war victim Cory Maye has been fought quietly in court for the last several months, but Radley Balko brings the long-awaited & exciting news that Maye has been granted a new trial.  

For those new to the case, Maye is a young, single father whose home in Prentiss, MS was raided by police in the middle of the night in late 2001. Unaware that the intruders were police and fearing for the safety of his infant daughter, Maye opened fire and killed an officer. As it turned out, the warrant was for the neighboring unit and Maye had nothing illegal, except marijuana ashes. Nevertheless, Maye was convicted of capital murder and sentenced to death. The case has become widely regarded as a classic example of how aggressive drug war police tactics can lead to terrible misunderstandings and injustices.

But it's also become an inspiring illustration of how bloggers and activists can effectively use the internet to fight for justice. Radley Balko's initial coverage of the case at his blog, The Agitator, ignited national interest in Maye's plight. The case drew the attention of an attorney at the prestigious law firm Covington & Burling, which offered to represent Maye pro bono. That changed everything. Maye's death sentence was challenged and overturned. Then, last week, it was announced that Maye will receive a new trial altogether, one in which he will enjoy superb representation and his best chance yet at securing his freedom once and for all.

It's an incredible story that we'll continue to follow as the new trial approaches. For more detailed background on the case, check out Radley Balko's award-winning 2007 report at Reason.

Update: Reason.tv has a good piece on Maye's case as well:



Cheye Calvo Takes a Stand Against Corrupt Drug War Policing

Ever since police killed his dogs in an epic – yet typical – episode of botched drug raid debauchery, I've been repeatedly awed by Cheye Calvo's judgment, composure and commitment to justice. He didn't pick this fight, but it's become crystal clear he won't give up until it's finished. So if the arrogant police officials in Prince Georges County, MD think that continuing to stall will spare them any embarrassment or accountability, this Washington Post Op-ed should put their delusions to rest.

I'm not going to block quote this because I hope each of you will read the whole thing in its entirety. It's hard to imagine a more honest and powerful response to police who think the drug war gives them the right to abuse the people they serve.

Mayor Calvo's bravery deserves our applause and continued support. I agree with Radley Balko that he should consider running for a higher office in Maryland. There's no better way to establish accountability than to become the person performing the oversight.

Police Kill Church Pastor in Botched Drug Raid. No Drugs Found.

Via Radley Balko, here's another grave tragedy that we can all thank the drug war for making possible. The victim clearly freaked out when police confronted him, but I'm not at all convinced that he understood who they were. They were in plain clothes in an unmarked vehicle jumping out on a guy who'd just drawn money from an ATM. Why would he knowingly try to evade police when he didn’t have anything illegal on him?

It's one more dreadful tragedy that just didn't have to happen. Police pulling guns on harmless people should be a rare event, but it's not. And when it happens, it's almost always the result of some crazy drug investigation with more questions than answers.

When experts like Mark Kleiman say that legalization doesn’t add up, are they factoring events like this into the equation?

An Epidemic of Botched Drug Raids in Maryland

Radley Balko has a new piece at Reason showing that the disastrous Cheye Calvo raid is just the tip of the iceberg. His conclusion is sad, but probably correct:

Terrible as it sounds, it may well take more mistaken raids on high-status victims like Calvo to generate real debate over the wisdom of using violent, high-risk police tactics to serve warrants for nonviolent crimes.

Hopefully Calvo's lawsuit, along with the new SWAT monitoring legislation he helped pass, will bring about needed changes without any more lives having to be lost. I'd hate to think that further bloodshed is the only path to reform.

Police Raid Innocent Elderly Couple, Blame it on the Weather

Police in Indianapolis burst into the wrong and terrified an elderly couple, but they have an explanation:

Officers were trying to serve a warrant for a man wanted on drug charges. The address listed on the paperwork was 4042. The Minton’s home is 4048, with both house numbers clearly marked.

But Major Mark Robinett of the Marion County Sheriff’s Department, who is in charge of warrant sweeps, said he was told that officers had a difficult time reading the addresses because of overcast skies.

I've heard a lot of weak excuses for botched drug raids, but this is just classic. As is often the case in such scenarios, the explanation serves only to make police sound even more confused and incompetent than they already did.

Seriously, if you can't even see what you're doing, then don't burst into private homes with your guns drawn. A word of advice to the Mintons: you should sue these people silly. The admission that their vision was obstructed at the time of the raid, though utterly disingenuous, is tantamount to gross negligence. I'd just love to see them on the stand trying to explain this.