By BILL TORPY, BILL RANKIN
The Atlanta Journal-Constitution
Related Story: Probe sought in Atlanta police shooting 11.24.06
ATLANTA, Ga. A second Atlanta police narcotics officer has reached a tentative plea deal for his involvement in a drug raid last year that killed an elderly woman, according to people close to the investigation.
The deals topple the department’s original contention that officers were justified in raiding the home of Kathryn Johnston, and the pleas could bolster the federal investigation into broader abuse of warrants by narcotics officers.
The two officers would plead guilty to a federal charge of conspiracy to violate a person’s civil rights ending in a death, voluntary manslaughter and other state charges. The pleas are expected later this week.
Under the arrangements of the plea deal, the officers will cooperate with authorities who are investigating “systemic corruption” in the way narcotics officers obtained and filled out applications for warrants.
Jason R. Smith has agreed to a deal with state and federal prosecutors that keeps him from facing state murder charges in the Nov. 21 raid at Johnston’s home. Smith, a former officer with the Georgia Army National Guard who served in Iraq and Bosnia, would have to serve more than 12 years in prison, according to the agreement.
The tentative agreement comes two weeks after retired narcotics officer Gregg Junnier agreed to a 10-year deal with authorities. A Fulton County grand jury is expected to meet today to consider charges against Smith, Junnier and officer Arthur Tesler. The proposed indictment, first released in February, includes charges of felony murder, burglary, aggravated assault with a deadly weapon, false imprisonment and making false statements.
Smith filled out the affidavit to get a no-knock search warrant at Johnston’s home. Shortly before the raid, Smith told a magistrate that he and Tesler had a confidential informant buy $50 worth of crack at 933 Neal Street from a man named Sam.
But according to a proposed indictment written up by Fulton County District Attorney Paul Howard, no informant ever went to Johnston’s house.
Neither Howard nor U.S. Attorney David Nahmias would comment for this story.
Junnier, who has been cooperating with federal authorities since early in the investigation, has said the story about the informant was an instance of “cutting corners,” not a malicious attempt to injure or kill anyone, his attorney, Rand Csehy has said. The Atlanta police union has complained that narcotics officers are under pressure to meet quotas for arrests and warrants.
Tesler’s attorney, Bill McKenney, has said his client did not know about the faked warrant and will fight any charges. The lawyer said Tesler was standing at the rear of the house during the raid with his weapon holstered.
Junnier and officers Gary Smith and Cary Bond were wounded in the shootout that ensued when Johnston fired a revolver at them after they broke into her home. Johnston, who lived in a high-crime area just northwest of downtown, apparently thought criminals were breaking into her home through burglar bars. Authorities said the woman was 88 years old but family members say she was 92.
Eight members of the narcotics team were placed on administrative leave pending the investigation.
Atlanta Police Chief Richard Pennington last month announced changes to the drug squad that included rotating members off the team, increasing the unit’s size and having stiffer supervisory review of search warrants. Police union members have said the department has just one team of eight narcotics officers now working the streets.
Copyright 2007 Atlanta Journal Constitution