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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: 1584
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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#1. To: Deckard (#0)

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.

Don't know if the facts are as stated, but if so, this conclusion, though clearly editorial in nature, is spot on.

The right & smart way to deal with this would be to stop and detain them after they leave the house, then conduct a search of the house.

But I guess doing the home invasion thing is more fun.

Pinguinite  posted on  2016-06-18   23:23:01 ET  Reply   Trace   Private Reply  


#2. To: Pinguinite (#1)

"The right & smart way to deal with this would be to stop and detain them after they leave the house"

Have a gunfight in public? How many innocents injured and killed?

If that happened you would say the right & smart way to deal with this would be a surpise early morning raid, thereby keeping any shooting withing the confines of the house.

Can't win with you either way.

misterwhite  posted on  2016-06-19   10:06:12 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#2)

Have a gunfight in public? How many innocents injured and killed?

But of course. What better way to do it? Conduct a traffic stop while downtown in the middle of rush hour near a busy bus stop and popular outdoor eatery. Even set up a table on the side walk right where you stop them, on which is a wide assortment of complimentary firearms and ammo. Then shoot out the tires and tell he occupants that all your guys are going to open fire in 30 seconds, giving them a sporting chance to arm themselves and maybe even fire the first few rounds.

If that happened you would say the right & smart way to deal with this would be a surpise early morning raid, thereby keeping any shooting withing the confines of the house.

No. Instead I'd say you are a complete moron.

Can't win with you either way.

Stupid people can't win with me. That is correct.

The only evidence of fire arms they had in the house was the finding of evidence of ammo for a "high powered weapon", perhaps the 7.62 round, which is ammo for either the AK-47, or one of it's many semi-auto & legal varieties, all of which are long guns. Long guns are not a likely weapon to use inside a car over a hand gun, and a proper stake out looking for them to leave would affirm it very likely they were unarmed in the car.

None of these people apparently had either a death wish or desire to kill any cops, but even if they did, the surprise night raid was the worst decision that responsible cops could have made, and the one most likely to result in a lethally dangerous outcome. But like I said, it is more fun for cops. Or was until one of the inhabitants had a legitimate fear for his life and opened fire on the cops, fortunately only injuring one.

I hope these cops learned something. Should be a wake up call for them.

Pinguinite  posted on  2016-06-19   10:35:59 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#1)

The right & smart way to deal with this would be to stop and detain them after they leave the house, then conduct a search of the house.

Thats always been my position on serving warrants. Its just a liability nightmare for everyone if you breach a house to serve warrants. Its just not necessary. Breaching houses should be a last resort for the police. The perp is just not coming out of the house.

Justified  posted on  2016-06-19   10:48:22 ET  Reply   Trace   Private Reply  


#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

I'm the infidel... Allah warned you about. كافر المسلح

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


#6. To: GrandIsland (#5)

I fixed your yella title

Reward yourself with a jelly filled doughnut and a cup of coffee.

buckeroo  posted on  2016-06-19   11:24:34 ET  Reply   Trace   Private Reply  


#7. To: buckeroo (#6)

Negative, Paultard. The hotel I stayed at in NYS (I attended a wedding this weekend) served a continental breakfast. They had donuts... but I will choose the Everything bagel and black coffee every time.

Stick your donut fantasy up your Ron Paultard ass.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-19   11:36:01 ET  Reply   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   Trace   Private Reply  


#9. 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.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-19   14:49:19 ET  Reply   Trace   Private Reply  


#10. To: GrandIsland (#9) (Edited)

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.

Damned good response, GI.

buckeroo  posted on  2016-06-19   14:51:49 ET  Reply   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?

I'm the infidel... Allah warned you about. كافر المسلح

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


#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   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.

I'm the infidel... Allah warned you about. كافر المسلح

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


#15. To: GrandIsland (#14)

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

What are the list of benefits besides overtyme pay and a chance to get your name in the news?

buckeroo  posted on  2016-06-19   20:20:35 ET  Reply   Trace   Private Reply  


#16. To: buckeroo (#15)

Finding all the evidence you have without you having a chance to flush it down the toilet, asshole. Contrary to your belief, evidence confiscation is kind of important after a no-knock. Without it, you scream entry was made and nothing was found.

That's just one reason, fuck you.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-19   20:22:52 ET  Reply   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   Trace   Private Reply  


#18. To: Titorite2 (#17)

And now one is shot. Maybe they will learn a lesson but probably not....

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

It's called life. Police die. Then they hire new ones that go through the academy. Suck it up, libtard buttercup.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-19   22:43:45 ET  Reply   Trace   Private Reply  


#19. To: jeremiad (#13)

Clearly the police do not have to, and should not use a no knock raid on a home

Clearly, I'm on your bozo list because you don't agree with the USSC decision regarding the constitutionality of no knocks, AND I DO. Like most libtards, you're too self important to be told you're wrong. F' off.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-19   22:57:33 ET  Reply   Trace   Private Reply  


#20. To: GrandIsland (#14) (Edited)

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

Unless the Constitution stipulates that the government can do whatever is most "beneficial", then the "benefits" of no knock raids has nothing to do with whatever is "constitutional".

And yes, cops die, just like people of all professions. But no one has to die doing something stupid, like pulling a surprise night raid on a house known to be inhabited by an armed man over a matter not involving imminent danger to the community. It's an act that really warrants a Darwin Award.

I expect the incident was at least somewhat traumatic for the police who where fired upon, which may have the benefit of giving them cause to reconsider any similar foolery in the future.

Edit: Oh, and I did manage to compose this entire reply without calling you a coptard.

Pinguinite  posted on  2016-06-20   1:37:53 ET  Reply   Trace   Private Reply  


#21. To: GrandIsland (#18)

So do you repeat yourself because you're too drunk to think of something new or not smart enough to think of something of something new? Also no cops died in this incident. It was just a leg shot...so im leaning to lack of smarts. And i think that's the real reason you make bozo lists. Lord knows you just made mine. Have an interesting life.

Titorite2  posted on  2016-06-20   2:20:34 ET  Reply   Trace   Private Reply  


#22. To: Justified, Pinguinite (#4)

The right & smart way to deal with this would be to stop and detain them after they leave the house, then conduct a search of the house.

Thats always been my position on serving warrants. Its just a liability nightmare for everyone if you breach a house to serve warrants. Its just not necessary.

That would be the smart thing to do, but it seems that cops inevitably escalate situations that could be handled in less dramatic ways.

Same thing happened at Mt. Carmel - the local cops knew Koresh, had even shot guns with him at the range.

There was no reason for the Feds to carry out a raid on the Branch Davidians. They could have picked him up at any time

Breaching houses should be a last resort for the police.

The reason for SWAT teams in the first place was as a last resort, hostage situations where a life was in danger. Thanks to the war on drugs, cops have used this tactic for the flimsiest of reasons - as we can see here, they netted just over an ounce of pot which is considered a misdemeanor.

The information was provided by a confidential informant - in other words, a paid snitch.

It has been shown time and time again that the info provided by CIs is not trustworthy.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-20   5:47:09 ET  Reply   Trace   Private Reply  


#23. To: Titorite2 (#21)

So do you repeat yourself because you're too drunk to think of something new or not smart enough to think of something of something new?

I repeate myself because Paultards, like most libtards, never can't be told shit. You are a prime example.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-20   5:56:27 ET  Reply   Trace   Private Reply  


#24. To: GrandIsland (#23)

Never can't be told shit?

So, what does that mean? Do YOU even know?

'What kind of man gives cigarettes to trees?'

Dead Culture Watch  posted on  2016-06-20   9:49:32 ET  Reply   Trace   Private Reply  


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