Probe sought in police shooting of woman

By BILL MONTGOMERY

The Atlanta Journal-Constitution

Published on: 11/24/06

An Atlanta civil rights activist is calling for a federal investigation into the fatal shooting by Atlanta police of a 92-year-old woman during a drug raid at the woman's home.

Police contend they wanted to search Kathryn Johnston's house because an undercover drug purchase had been made there earlier on Tuesday, the day of the shooting. Johnston wounded three officers, emptying a six-shot revolver before being shot to death, police said.

The Rev. Markell Hutchins, the civil rights activist, said he will deliver a letter to the Justice Department on Monday urging the agency to investigate "what we believe are at worst, gross violations of this woman's life, and at best, poor judgment on the part of the police officers."

Hutchins said he talked Friday morning with police Chief Richard Pennington, who was out of town when the shootout occurred.

"His officers should have known at a minimum who was living in that residence before they went in there with guns blazing," Markell said.

Johnston was a frail woman who lived behind burglar bars at a home owned by her niece.

Police contend they obtained a no-knock search warrant for the Neal Street house after buying drugs Tuesday afternoon from a man inside the home.

The no-knock warrant is frequently used in suspected drug cases because police believe their surprise entry into a home prevents drug dealers from flushing or destroying the evidence. In this case, the warrant did not name a person, referring only to a "John Doe, aka Sam," the standard reference when a person's name is not known, police said.

The Atlanta Journal-Constitution has been unable to independently confirm the police account about the need for the no-knock warrant because it has not been able to view the sworn statement that police provided to a judge to obtain the warrant.

State Court Administrator Stefani Searcy refused again Friday to release the documents, even though they are public records subject to immediate disclosure under Georgia law. Searcy has cited "office policy" as her reason for withholding the information.

Assistant Chief Alan Dreher has maintained police seized drugs from Johnston's home, but he has not said what the drugs were or where they were found.

Police said they knocked on Johnston's door about 7 p.m. before pulling off the burglar bars and knocking down the front door.

Dreher said Johnston should have recognized the men as officers even though they were not wearing uniforms. He said all three wore bulletproof vests that had the word "police" across the front and back. He said they shouted they were police as they burst through the door.

Johnston met the narcotics investigators with gunfire, police said. Medical examiners said she was shot twice in the chest and in extremities.

The three officers are recovering from their wounds and are on leave with pay until the investigation is complete. The police department said its internal affairs unit would investigate the shooting. The Georgia Bureau of Investigation also is reviewing the incident.

Fulton County District Attorney Paul Howard also has vowed to investigate. He said a preliminary review of the Johnston shooting indicated that the officers "had a legal right" to search the home.

Hutchins wants more.

"Clearly, the police had a right to exercise a search warrant. I intend to ask the Justice Department to determine, did they have sufficient evidence for a no-knock warrant. What evidence did they have? That's what the community needs to know."

On Friday on Johnston's block, which is just off Joseph P. Lowery Boulevard, residents still buzzed about what had happened. Police have described their suspect as 6 feet tall and 250 to 260 pounds.

Nobody seemed to know a man by that description from the neighborhood. Some expressed doubts about the police account of what happened. "I think that's just something they made up," said Curtis Mitchell, Johnston's longtime neighbor.

Four days after the shooting, yellow police tape still surrounds Johnston's home, where a memorial of flowers and stuffed animals rests at the edge of her lawn.

Johnston's home is attracting visitors -- those who want to see the location of what has become a national story in hopes of making the senseless somehow make sense.

"Is this the house?" Willie Stone, 74, asked from his car. He said he hadn't been in the neighborhood in 50 years. The last time was to visit a woman he was dating.

"I was just coming to see it," said Stone, who lives in the city's Collier Heights neighborhood. "I've got my doubts about what happened."

Tabitha Crowder, who lives nearby, also came over to catch a glimpse. "We just walked past just to see," Crowder said. "It's so sad and hurtful."

Staff writer S.A. Reid contributed to this article.

Source

Police Kill Woman, 92, in Shootout at Her Home

By BRENDA GOODMAN

Published: November 23, 2006

ATLANTA, Nov. 22 — Police officers said they expected to arrest a man who had illegal drugs when they forced open the front door of a house in one of this city’s most crime-ridden neighborhoods on Tuesday night.

Kathryn Johnston, 92, died after shooting officers who knocked in her front door, officials said. Instead, they found a 92-year-old woman holding a revolver.

The woman, Kathryn Johnston, who neighbors said still did her own cooking and cleaning and had a “good, sharp” mind, was killed, and three narcotics investigators were hit in the face, chest, arm and legs during a shootout after officers knocked open the door.

Exactly what led to Ms. Johnston’s shooting has become the subject of a highly charged investigation.

In a news conference Wednesday, Assistant Chief Alan J. Dreher of the Atlanta Police Department said his officers had returned fire after Ms. Johnston shot three of them.

Officers Gary Smith, 38, Gregg Junnier, 40, and Cary Bond, 38, were wearing bulletproof riot vests and carrying riot shields when they were shot, Chief Dreher said.

Each has been with the department more than 10 years.

Chief Dreher said the officers, who were released from the hospital on Wednesday, had been placed on administrative leave with pay while the shooting is investigated.

The killing of Ms. Johnston has outraged her neighbors and family, who said she was home alone at the time of the shooting and kept the “rusty revolver” only for self-defense in a neighborhood where drugs are openly traded and another elderly woman was recently raped.

“They got the wrong house,” said Nina D. Robinson, a neighbor, repeating a charge that has been adamantly echoed in conversations at bus stops, in subway cars and across the counter in convenience stores around Atlanta throughout the day.

Law enforcement officials say they were at the right house.

“The police have assured me that they had made a drug purchase from this very residence on this day,” said Paul Howard, the Fulton County district attorney.

Mr. Howard said undercover officers bought illegal drugs from a man at the house in the afternoon and that the officers returned in the evening to execute a “no knock” warrant, which is used in cases where officers believe that a suspect may have time to hide evidence or escape if given time to answer the door.

Officers intended to arrest that man, Mr. Howard said, but he was not in the house when they returned.

Police officials said they were still investigating whether the man, who is described only as “Sam” in an arrest warrant issued Wednesday, was related to Ms. Johnston or lived at the residence.

Ms. Robinson, who said she had lived down the street from Ms. Johnston for 17 years, said she was shaken by the death of her “good friend.”

“This woman didn’t bother anyone,” Ms. Robinson said. “She was scared. She stayed in her house. She wouldn’t even come to the door for me unless I called first.”

She said Ms. Johnston’s fear of intruders had lately been heightened by the recent rape of another elderly woman in their neighborhood.

The investigators were not in uniform when they arrived at Ms. Johnston’s home, but they were wearing navy blue T-shirts and “raid shields” emblazoned with the word “Police.” They arrived in a marked patrol car which was parked in front of the house, and they announced themselves after they opened the door but before entering, the police said.

It is not clear whether they had time to set foot in the house before they were shot.

Mr. Howard said a “complete, thorough and fair” investigation was already under way.

Ms. Johnston’s killing comes as tensions over shootings by the police are already heightened in the Atlanta area.

On Tuesday, the DeKalb County district attorney announced that she would ask a grand jury to investigate the actions of the police officers involved in the fatal shootings of 12 suspects since January.

“They’re killing people everywhere!” yelled a man who would not give his name as he watched a news report about the shooting on a small screen in a subway car. “Every time you turn on the news, the police is shooting someone else,” he said. “You run. They shoot.”

All around him, other passengers nodded and murmured their agreement.

Rhonda Robinson, 36, who was on her way to her job as a security guard, said it was easy for her to see both sides of the story.

“Maybe she was scared,” Ms. Robinson said of Ms. Johnston. “She was 92 years old. I understand that, but she opened fire.”

Atlanta cops kill a 92 year old woman in a drug raid that went bad.

by AP Wednesday November 22, 2006 at 12:53 PM

Source

92-Year-Old Killed As Police Burst Into Her Home

Niece Says Woman 'Gunned Down Like Dog'

ATLANTA -- A 92-year-old is dead in what her family called a case of mistaken identity.

Was it the right address? Police said yes. But neighbors and relatives of the elderly woman shot to death by police said they believe there must have been a mistake.

Police said the woman, identified by relatives as Kathryn Johnston, was shot to death after she wounded three plainclothes officers trying to serve a drug warrant at her house.

The woman's niece, Sarah Dozier, said that she bought her elderly aunt a gun to protect herself and that her aunt had a permit for the gun. Relatives said they believe Johnston opened fire because she was frightened by the officers, who were not in uniform, barging into her home.

Her relatives said Johnston had lived in the house for about 17 years.

"They kicked her door down talking about drugs, there's no drugs in that house. And they realize now, they've got the wrong house," Dozier said. "I'm mad as hell." Officials said they had the correct house and that the warrant they had was legal.

Dozier said there were never any drugs at the house. She said the woman probably "panicked" when police forced their way into the home. She accused police of shooting her aunt down "like a dog." Dozier said she bought the house for her aunt and installed bars on the window to protect the elderly woman.

Atlanta Police Asst. Chief Alan Dreher said at a news conference Wednesday that an undercover officer made a drug purchase at Johnston's address late Tuesday afternoon from a male suspect. Officers were able to obtain a search warrant after that.

Dreher said as the officers were executing the search warrant, the officers announced themselves and then forced open the door. Officials said the warrant was a "No Knock" warrant -- meaning that the officers did not knock before forcing open the door, but they did announce themselves.

Dreher said the officers had a legal warrant before they forced open the door. He said they were justified in returning fire when they were fired upon.

Dreher said as soon as the officers forced open the door, Johnston shot at the officers and the officers returned fire to protect themselves. One officer was shot 3 times -- once in the leg, on the side of the face and once in his bulletproof vest. One officer was hit in the leg and another hit in their arm.

The plainclothes Atlanta Police officers were transported to Grady Memorial Hospital for treatment. All are expected to recover.

All officers are on paid administrative leave pending an investigation -- as is common.

Officials said they have not made any arrests in the case and they have not located the male suspect. Dreher said suspected narcotics were recovered from the home but police are awaiting lab results to confirm that.

Dreher said a marked patrol vehicle was parked in front of the residence and the word "Police" was written across the front and back of the narcotics team's vests. He also said only a matter of minutes passed between when officers arrived at the scene and when they forced open the door.

Dreher referred to the incident as a, "tragic and unfortunate incident."

Source

Police kill woman, 92, in shootout

Nov. 22, 2006. 01:06 PM

ATLANTA (AP) — The niece of a 92-year-old woman shot to death by police said her aunt likely had reason to shoot three narcotics investigators as they stormed her house.

Police insisted the officers did everything right before entering the home Tuesday evening, despite suggestions from the woman’s neighbors and relatives that it was a case of mistaken identity.

The woman, Kathryn Johnston, was the only resident in the house at the time and had lived there for about 17 years, Assistant Chief Alan Dreher said. The officers had a legal warrant, “knocked and announced” before they forced open the door and were justified in shooting once fired upon, he said.

Sarah Dozier, the niece, told WAGA-TV that there were never drugs at the house.

“My aunt was in good health. I’m sure she panicked when they kicked that door down,” Dozier said. “There was no reason they had to go in there and shoot her down like a dog.’’

As the plainclothes Atlanta police officers approached the house about 7 p.m., a woman inside started shooting, striking each of them, said Officer Joe Cobb, a police spokesman.

One was hit in the arm, another in a thigh and the third in a shoulder. The officers were taken to a hospital for treatment, and all three were conscious and alert, police said.

Rev. Markel Hutchins, a civil rights leader, said Johnston’s family deserves an apology.

“Of the police brutality cases we’ve had, this is the most egregious because of the woman’s age,” Hutchins said.

Hutchins said he would try to meet with Atlanta Police Chief Richard Pennington and would also meet with lawyers.

Source

Woman, 92, slain in shootout with police

© 2006 The Associated Press

ATLANTA — The niece of a 92-year-old woman shot to death by police said her aunt likely had reason to shoot three narcotics investigators as they stormed her house.

Police insisted the officers did everything right before entering the home Tuesday evening, despite suggestions from the woman's neighbors and relatives that it was a case of mistaken identity.

The woman, Kathryn Johnston, was the only resident in the house at the time and had lived there for about 17 years, Assistant Chief Alan Dreher said. The officers had a legal warrant, "knocked and announced" before they forced open the door and were justified in shooting once fired upon, he said.

Sarah Dozier, the niece, told WAGA-TV that there were never drugs at the house.

"My aunt was in good health. I'm sure she panicked when they kicked that door down," Dozier said. "There was no reason they had to go in there and shoot her down like a dog."

As the plainclothes Atlanta police officers approached the house about 7 p.m., a woman inside started shooting, striking each of them, said Officer Joe Cobb, a police spokesman.

One was hit in the arm, another in a thigh and the third in a shoulder. The officers were taken to a hospital for treatment, and all three were conscious and alert, police said.

Rev. Markel Hutchins, a civil rights leader, said Johnston's family deserves an apology.

"Of the police brutality cases we've had, this is the most egregious because of the woman's age," Hutchins said.

Hutchins said he would try to meet with Atlanta Police Chief Richard Pennington and would also meet with lawyers.

Source

Police: Man sold drugs at home where elderly woman was killed

The Associated Press - ATLANTA

Authorities were searching for a man who sold illegal drugs to undercover agents when they burst into the home of an elderly woman, sparking a gunfight in which three officers were wounded and the woman was killed.

The agents had obtained a search warrant after buying drugs Tuesday afternoon from a man in Kathryn Johnston's home, Assistant Atlanta Police Chief Alan Dreher said Wednesday.

After police identified themselves and knocked down the woman's door she opened fire and injured three of the officers, Dreher said during a news conference with other officials.

The woman _ who police said was 92 _ was killed in the ensuing gunfight.

Fulton County District Attorney Paul Howard said his office has launched its own independent investigation into the fatal shooting, but said a preliminary review of the case shows the officers "had a legal right" to search the home.

Neighbors and relatives said it was a case of mistaken identity. At a news conference Wednesday in front of Johnston's home, the Rev. Markel Hutchins, a civil rights activist and spokesman for the family, said he could understand why the elderly woman would arm herself in the high-crime area where she lives.

"She was afraid," Hutchins said. "This is a horrifying situation in a neighborhood where crime happens often. This incident is a result of a mix-up."

The shootout took place around 7 p.m. Tuesday after police forced open the woman's door. Johnston, who was in the house alone, was waiting on the other side with her weapon ready, Dreher said.

Bullets struck one officer in the arm and another in the leg. The third officer was hit three times _ in his leg, on the side of his face and in his bulletproof vest.

They were rushed to Grady Memorial Hospital for treatment and are expected to recover, Dreher said.

"The officers are going to be fine," he said.

Dreher said the officers were justified in returning fire when they were shot at.

"You don't know who's in the house until you open that door," said Dreher. "And once they forced open the door, they were immediately fired upon."

The shooting comes at a time when there is already concern over use of force by police in the Atlanta area. Earlier Tuesday, the district attorney in neighboring DeKalb County, where 12 people have been killed by police so far this year, said her office may present evidence to a grand jury that could bring criminal charges.

Hutchins, who said he plans to meet with attorneys, said Johnston's family deserves an apology.

"Of the police brutality cases we've had," he said, "this is the most egregious because of the woman's age."

Associated Press Writer Jonathan Landrum Jr. contributed to this report from Atlanta.