Update: Conviction Nixed In Deadly Botched Ga. Drug Raid

[Jim Finnel]

An appeals court on Thursday overturned the conviction of a former Atlanta police officer sentenced to prison for lying to FBI agents about the killing of a 92-year-old woman during a botched drug raid.

In tossing out Arthur Tesler's conviction on the state charges, the Georgia Court of Appeals said Fulton County prosecutors failed to prove where the lying took place.

"Its admitted failure requires us to reverse Tesler's conviction," Chief Judge Yvette Miller wrote.

A Fulton County Superior Court judge sentenced Tesler to 4 1/2 years in prison and six months probation last May. Tesler has also pleaded guilty to federal conspiracy charges.

Kathryn Johnston was killed by a barrage of bullets fired by officers who stormed into her home in November 2006 with a no-knock warrant.

Police originally said officers had gone to Kathryn Johnston's northwest Atlanta home in 2006 after an informant bought drugs there. But after finding none, officers tried to cover up the mistake by planting baggies of marijuana, prosecutors said.

Two other officers, Jason R. Smith and Gregg Junnier, pleaded guilty to state and federal charges. Tesler, who did not fire a shot, faces sentencing next month after pleading guilty to a charge of conspiracy to violate civil rights resulting in death.

Tesler was in Johnston's backyard when plainclothes officers burst in through the front door the night of Nov. 21, 2006, using a special "no-knock" warrant to search for drugs. Johnston fired a single shot from a rusty revolver at the intruders, but hit no one, and officers fired 39 bullets, hitting the woman five or six times, prosecutors said.

Tesler's lawyer, William McKenney, called Thursday's ruling "terrific news" and told The Atlanta Journal-Constitution he hopes it will help at Tesler's federal sentencing.

McKenney also said that because the court found the evidence supported the jury's finding that Tesler lied to federal agents, there is a possibility of a retrial on the state charges.

A message left seeking comment from the prosecutor by The Associated Press wasn't immediately returned.

The Rev. Markel Hutchins, a spokesman for the Johnston family, issued a statement calling Thursday's ruling a minor setback.


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Website: The Associated Press: Conviction nixed in deadly botched Ga. drug raid

 

[Keith Lake]

Break into the wrong house with your SWAT no-knock search warrent

Shoot and kill a 92 year old lady

Plant drugs in her house to try and cover up your unbelievable mistake

Lie to investogators, but then confess

This doesn't add up to an overturned conviction. I can only imagine the heartbreak for the poor womans family.

Let's hope there's some justice from the state

 

[hood1]

Reminds me of the N*Z* word we can't use in referring to these tactics..

 

[sk8nsmoke420]

what kind of despicable person shoots and unarmed 92 year old woman on a marijuana charge. reading this makes me extremely upset by the fact that this man can get away with this but a pot smokers while being completely non violent, are being oppressed.

 

[odiemea]

The people must gather as a massive ocean .
Only then will those in power listen to the one's being oppressed
revolution is looking to be in order dismantle the government that has become abusive & oppressive for it is the
civil duty as stated in the us. Constitution

 

[McBudz]

what kind of despicable person shoots and unarmed 92 year old woman on a marijuana charge. reading this makes me extremely upset by the fact that this man can get away with this but a pot smokers while being completely non violent, are being oppressed.

If you reread the article she fired 1 shot from a rusty revolver but hit no one. In their (leo) defense she did shoot at them. Don't take this the wrong way I don't agree with the raid but she did shoot at them.

 

[sk8nsmoke420]

If you reread the article she fired 1 shot from a rusty revolver but hit no one. In their (leo) defense she did shoot at them. Don't take this the wrong way I don't agree with the raid but she did shoot at them.

oh my bad. i assumed she was unarmed. its still very sad.

 

[Keith Lake]

I'm with Boss,

It's only fair to mention the whole story, and she did have a rusty old gun and fired a shot

That said, someone busts into you house, in no knock fashion and you the homeowner have a gun and the right to protect yourself and your property....

The problem here is the no knock warrant, implemented by militarized LEOs