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United States News
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Title: Teenager Charged With Attempted Murder Says Drug Cops Seemed Like Armed Thugs
Source: Reason
URL Source: http://reason.com/blog/2016/06/15/t ... -charged-with-attempted-murder
Published: Jun 15, 2016
Author: Jacob Sullum
Post Date: 2016-06-18 22:34:29 by Deckard
Keywords: None
Views: 1875
Comments: 24

Austin police take stupid risks and blame the victim.

KVUE

Police in Austin, Texas, say Tyler Harrell, an 18-year-old who was charged with attempted capital murder after he shot an officer in the knee during a drug raid last April, must have known the armed men storming his house before dawn were cops. After all, they used a "long-range acoustical device" (L-RAD) to announce themselves, and a neighbor said he heard them. Then again, the raid happened before 6 a.m., when Harrell and his parents presumably were asleep.

And as the Austin American-Statesman explains, "the warrant authorized police to make a 'no knock' entry into the home, allowing officers to breach the doors of Harrell's home...without notifying any of the occupants prior to entry who they were and why they were there." The L-RAD announcement came "as police breached the doors." Meanwhile, "officers set off three flash bang grenades to disorient the home's occupants."

In short, police deliberately woke people up in the middle of the night, deliberately broke into their house without knocking first, and deliberately disoriented them. But it is inconceivable to the police that Harrell is telling the truth when he says he mistook these violent home invaders with badges for violent home invaders without badges.

KVUE

"They came in like storm troopers," Harrell's mother, Lisa, told KVUE, the ABC station in Austin. "[Tyler] came running out with his gun, thinking someone was intruding in our house, and he started shooting down the stairs." The teenager told police he ran to the stairwell with his (legally owned) semi-automatic rifle after he heard his mother scream that someone was breaking into the house and heard the grenades that the cops had set off, which he thought might be gunfire directed at his father. According to Harrell, he stood at the top of the staircase and fired 10 to 15 rounds at the men invading the house before realizing they were police officers, which happened when he heard someone say "APD" over the loudspeaker.

Harrell's account may or may not be true. But it is completely plausible in the dangerous circumstances that police recklessly created—something they are loath to admit, since it would call into question tactics that drug warriors commonly use, no matter how many times they lead to the injury or death of cops, suspects, or bystanders.

As is often the case, the justification for this paramilitary operation was absurdly inadequate. The American-Statesman reports that police began to suspect Harrell was a drug dealer after they got a tip from someone who said he had seen a third person posing on Snapchat with "large quantities of marijuana and an AK-47."

Harrell supposedly was the source of the marijuana. Sifting through the Harrell family's garbage, police "found evidence that Harrell was involved in the distribution of illegal drugs, including plastic bags that contained marijuana and a substance that tested positive for cocaine." They also found "plastic package casings for assault rifle ammunition," which apparently was the basis for seeking a no-knock warrant.

KVUE

Both the American-Statesman and KVUE inaccurately call Harrell's gun an "AK-47," which is a military weapon capable of firing automatically. I suspect those news outlets copied the term from police, who used it to make Harrell seem like more of a threat—the sort of threat that might justify dispatching a SWAT team. "The search warrant [affidavit] states APD secretly sifted through the family's trash, and found marijuana residue and empty [ammunition] boxes for high-powered weapons," KVUE says. "Based on the chances of guns being inside the home and the potential dangers to officers, police opted for the SWAT team to run the operation." 

In other words, police knew that at least one person in the house had a gun, and they reacted to this information by purposely creating a frightening, confusing situation in the middle of the night—exactly the sort of situation in which the weapon's owner would be apt to reach for it in self-defense. They did so supposedly to guard against "potential dangers to officers" and thereby magnified those dangers, in this case sending Officer Jason Pittman to the hospital. He is lucky he was not killed, and so are Harrell and his parents.

But don't worry: All the risk to life and limb was totally worth it. Police found 34 grams (a little more than an ounce) of marijuana in the house. As KVUE notes, it was "just enough to charge someone with a misdemeanor." (3 images)

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Begin Trace Mode for Comment # 12.

#5. To: Deckard (#0)

Drug addicted asshole dealer Charged With Attempted Murder Says Law Enforcement Seemed Like they were upholding their oaths.

I fixed your yella title

GrandIsland  posted on  2016-06-19   11:09:52 ET  Reply   Untrace   Trace   Private Reply  


#8. To: GrandIsland (#5)

Seriously, GI, what do you think about the decision by the cops to do a surprise, no-knock, nighttime raid on a home reasonably considered to be inhabited by someone armed with a high powered rifle, all over marijuana?

Pinguinite  posted on  2016-06-19   11:57:51 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Pinguinite (#8)

Seriously, the USSC has ruled no knocks constitutional. The state in question has laws against weed possession.... the raid is a reaction to the illegal action of breaking the law. The faction in this equation that could have acted differently to avoid your crying now is very simple. If the dipshit decided he wasn't going to break a constitutional law then maybe those cops you dislike wouldn't kick his door at 0300 hours.

One was doing their job... the other was breaking the law. You tell me who should be expected to modify their behavior?

GrandIsland  posted on  2016-06-19   14:53:29 ET  Reply   Untrace   Trace   Private Reply  


#12. To: GrandIsland (#11)

I was commenting more about the method chosen by the police to execute the warrant, not the legalities of the warrant itself. One of them got shot. I'm sure as they review what happened, they are all asking themselves what they could have done differently so that the resident wouldn't have fired on them.

It's safe to say that from the perspective of the police, they lost control of the situation, and that is their fault, is it not?

Pinguinite  posted on  2016-06-19   17:37:34 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 12.

#13. To: Pinguinite (#12)

There is a reason Grand Island is on my bozo list. No logic, argumentative and mostly looking for a fight instead of communication.

Clearly the police do not have to, and should not use a no knock raid on a home where someone is possibly selling marijuana, or other drugs. People are expected to use good judgment. It seems to me that the police have less rules than the military in a foreign country. If not, it is a damn close call.

jeremiad  posted on  2016-06-19 19:40:12 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Pinguinite (#12) (Edited)

One of them got shot. I'm sure as they review what happened, they are all asking themselves what they could have done differently so that the resident wouldn't have fired on them.

Expecting a way to police without a cop dying is like expecting a way to live in a free society without a fag in a night club, school student or mall shopper to never be killed during active gunman incidents

The pussification of society has caused you to Monday morning quarterback every news event you read that makes you sad.

There are HUGE benefits kicking a door at 0330 hours unannounced... and that's why the USSC finds them constitutional.

Stop crying or spend your time with the OTHER UNREALISTIC IDEAL of how so we keep Deckards shithead friends from picking and choosing what laws they follow... so LE doesn't have to come visit in the middle of the night... but that is as realistic as cops perorming their OATHS of upholding constitutional drug laws without dying.

GrandIsland  posted on  2016-06-19 20:15:03 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Pinguinite (#12)

So is grand island like the yukon of thos place? On topic , i think obtaining warrents based on whats in the trash is cricumstaintal. Unless they have matching prints on the evidence they cant prove who used the trash. And in austin anyone walking by coulda used their trash recptical to dispose of their stuff. Its circumstantial at best. And any good lawyer should have no trouble arguing that.

And the officer that got shot... thats aurrila(sp) fault for authorizing the.idiotic raid. Its like you said. They could waited for them to leave to safly execute a search warrant but home invasion was just too much temptation of fun forthem to pass up. And now one is shot. Maybe they will learn a lesson but probably not.... next time they will probably just try to get away with firing tear gas first.

Titorite2  posted on  2016-06-19 22:20:02 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 12.

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