Man Not Charged After Shooting And Killing SWAT Officer In No-Knock Raid
Josh Paniagua
February 11, 2015” Let’s start in Prentiss, Mississippi on the night of December 26, 2001. Police carried out a no-knock raid on the home of Cory Maye during a raid on his neighbor Jamie Smith, a known drug dealer who lived on the other side of Maye’s duplex. Upon hearing a crash at his back door, Maye rushed to grab his .380 caliber pistol, unaware that the intruders were police. Maye fired 3 shots into Officer Ron Jones, killing him with a final fatal shot. About a gram of marijuana was found. In 2004, Cory Maye was sentenced to death by lethal injection. However, after 2 retrials and 10 years in prison, Maye signed a plea agreement pleading guilty to manslaughter and was released in 2011.
Now let’s fast-forward to January 17, 2008 in Chesapeake, Virginia. 28-year-old Ryan Frederick heads to bed at 8:00 pm to be ready for his morning shift just to be immediately awoken by crashes at his front door. Frederick grabs his pistol, looks out of his room, and sees unknown intruders smashing in his door. In defense of himself and his home, he fired his gun at the front door, striking and killing Officer Jarrod Shivers. It should be noted that 3 days prior to the police raid, Frederick’s home had in fact been invaded. It would later be revealed that the intruder was actually a police informant that broke in and searched his home for probable cause for a raid. In February 2009, he was sentenced to the maximum 10 years in prison for manslaughter.
Then more recently, we have the case of 49-year-old Marvin Louis Guy. In the early hours of May 9th, 2014, police executed a no-knock raid on Guy’s home. Upon their forced entry, they were greeted with gunfire from Guy, resulting in the death of Officer Charles Dinwiddie. A warrant for the raid was issued after a police informant claimed to have seen cocaine being trafficked through Guy’s apartment. After the raid, only a glass pipe was found and nothing to suggest he was trafficking drugs. Marvin Guy is awaiting trial but is facing charges for capital murder which is punishable by death.
See a pattern here? A SWAT team aggressively invades somebody’s home in a no-knock raid based on information from a snitch, officer gets killed in an act of self-defense, the information turns out to be illegitimate, and then the people defending themselves and their property from unknown invaders are charged with capital murder or manslaughter. And coincidentally, they all happen to be drug-related cases. But a grand jury in Texas broke that pattern when they dropped all charges related to the shooting and killing of Deputy Adam Sowder during another botched no-knock raid.
On December 19th, 2013, 9 Burleson County Sheriff’s Department raided the home of Henry Magee and his pregnant girlfriend in. Magee believed that his home was being robbed, so to protect himself and his girlfriend, Magee grabbed his gun and opened fire on the unidentified intruders, resulting in the death of Adam Sowders.
The SWAT raid was executed based on information from yet another police informant. Officers believed they would find a major marijuana grow operation consisting of over a dozen six-foot plants and several firearms, including one that had been stolen from the department. Instead, they found 2 6-inch plants, under an ounce of marijuana, and 4 guns all legally owned by Magee.
“ It was a tragic accident, but it wasn’t a crime,” Magee’s attorney Dick DeGuerin tells the press, “Hank did what a lot of people would have done under the circumstances[…] When awakened by a loud boom and somebody’s kicking in the door, they defend themselves.”
The grand jury found that Henry Magee acted in self-defense and dropped the murder charges. He was however indicted for possession of marijuana, and possession of a deadly weapon and illegal drugs is a felony (which in itself is completely outrageous). But aside from the ludicrous weapons charges and the absurdity of general US policy on marijuana, what’s important to recognize is the breaking of a cycle. The police fucked up, one of them got killed in the process, and a grand jury recognized that enough for a man to avoid manslaughter or capital murder charges which are, as mentioned earlier, punishable by death.
Now, before anybody starts getting all bent out of shape, allow me to clarify: this story isn’t good news to me because somebody got away with shooting a cop. This story is good news because in regards to the murder charges, I believe unconditional justice was served. These officers stormed into this man’s house where he and his pregnant girlfriend were sleeping, did not identify themselves as police officers, and got shot at. Aside from the basic fact that Magee himself pulled the trigger, it’s quite clear to see who is at fault: the unidentified intruders.
Still, the dropped murder charges don’t change the fact that Magee is being indicted on drug and weapons charges which also happen to be victimless. Henry Magee growing marijuana did not result in an officer being shot. Unnecessary force, lack of investigation, and senseless drug policies resulted in an officer being shot.”
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Tag Archive: No-Knock Raids
The Police No Longer Work For You
” To the casual observer it appears that Virginia is run by violent psychopaths. That’s the takeaway from the recent report of an anti-poker SWAT team raid in Fairfax County, in which eight assault rifle-sporting police officers moved against ten card-playing civilians. The police possibly seized more than $200,000 from the game, of which 40 percent they eventually kept.
There was no indication that any of the players was armed. As a matter of fact, it appears that a gambler is more likely to be shot without provocation by the Fairfax Police than the other way around. The heavy firepower at the Fairfax raid was apparently motivated by the fact that “at times, illegal weapons are present” at such poker games, and that “Asian gangs” have allegedly targeted such events in the past. This is, then, a novel approach to law enforcement: as a matter of policy, Fairfax police now attempt to rob and steal from people before street gangs get around to doing it.
It is a mystery why we put up with this obscene police behavior. Gambling itself is not illegal in Virginia; it is simply controlled by the state. So the Fairfax police department did not bust these hapless poker players with guns drawn for doing something truly immoral and fully outlawed, merely for doing something in a way not approved by the state legislature. Were gambling actually forbidden in Virginia, then a crackdown could at least be understood, if not condoned in so paramilitary a fashion. Yet Virginia’s stance on the matter is not to treat gambling as malum in se, but rather as an instrumentum regni: our government prefers to funnel gambling money into its own coffers for its own ends, outlaw the same thing when it’s done outside of the state’s jurisdiction, and then steal the money of the poor fellows who happen to get caught. “
Civil asset forfeiture , or policing for profit , is one of the defining issues of our day and along with No-Knock raids have eroded our liberties in ways the Founders never dreamed possible .
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Why Police Are Maiming, Killing With ‘Grenades’
” Following a drug tip, nearly 20 cops stormed a small apartment outside Atlanta in 2010. Invading officers found only a little weed, but managed to seriously injure resident Treneshia Dukes with a flashbang grenade—a police device that’s drawing increasing attention and controversy, Pro Publica reports. Cops often toss the flash-and-bang devices to disorient suspects during drug raids, but critics note that the grenades’ flash is more hot than lava.At least 50 Americans, including children and cops, have been killed, maimed, or injured by flashbangs that landed near them or went off too soon. Even Bill Nixon, an Arkansas man who used to make flashbangs for police (before an officer lost a hand demonstrating one to Boy Scouts) doesn’t get why cops use them regularly. “It boggles my mind,” he says.”
” Police in Little Rock, Ark., used them on 84% of raids from 2011 to 2013, although the raids usually just turned up minor drug paraphernalia. But a police rep defends flashbang use, saying that “what we see is a large service of warrants without gunfire.” Still, horror stories include a 19-month-old Georgia baby who suffered severe facial injuries during a drug raid when a flashbang landed in her crib, WOKV reports. A grand jury didn’t indict the officers involved but suggested two ideas that are going around: better police training (there are no national flashbang training standards) and fewer “no-knock” warrants that permit police raids. Meanwhile, Dukes—who suffered second-degree burns over her body—has filed a civil suit alleging excessive police force. “My skin is ugly, and I feel like I’m ugly,” she says. “When I talk about it, I just get angry.” “
Thanks to Newser
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ATF Ruling On Sporting Purposes Exemption To Armor Piercing Ammunition
” Take careful note, too, what they say concerns them: “BATFE also expressed concern that since the law was adopted, various new rifle-caliber handguns have been invented.”
I wonder how many Department of Justice employees are equally concerned when SWAT teams raids the homes of unsuspecting and incorrect targets, such as Mr. Eurie Stamps, or Ms. Zaelit, or Mr. Tuppeny, or Ms.Lloyd, or Thomas and Rosalie Avina, or Mr. Kenneth Wright? Statists will be statists. Can a leopard change its spots?
Finally, this issue of the sporting purposes test is laughable. The ATF didn’t listen when I pointed this out before, and they aren’t likely to start now. It isn’t that the test is difficult, or convoluted, or hard to apply, but necessary nonetheless because it’s the law. The issue is that it is self referentially incoherent. It cannot be logically applied because it presupposes the consequent.
The ATF must decide what is the “sporting purposes” category by populating the list with examples, and then make the claim that such-and-such an example is deemed to be or not to be a “sporting purpose” because it is or isn’t on the list. It reasons in a circle.
Not that the ATF will care. And not that they will care what we have to say about ammunition either. ”
From The Comments :
“On December 11, 2012 at 10:33 am, SDN said:
So the ATF is going to rule that non-lead bullets aren’t legal, while the EPA rules that lead bullets aren’t legal either.
Well, the President did say gun control was going to be under the radar; may be the first campaign promise he’s kept.”
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We are indeed living in the age of thuggery . While the crime rates continue to fall we are left to worry about the typo by an tired clerk or the false testimony of a petty crook trying to save his bacon . Thanks to the “War on Drugs” and government growth in general the police state is upon us . No knock raids , police departments nationwide arming themselves as if for war and the ever present threat of the president’s Kill List should provide ample proof of the authorities intentions .
Add to these most physical of threats the endless attempts on the State’s part to take over the internet , control our speech , taking over our freedom to choose regarding our healthcare , dictating what and how much we eat and you have the foundation being laid for an authoritarian regime far worse than the rule of King George III .
The fact that the court ultimately ruled against the DEA in this case is small consolation for the terror those innocent girls have been made to live with . And they are some of the lucky ones . At least they weren’t killed by mistake as has happened and continues to happen to innocent citizens regularly .
” The agents entered the 14-year-old girl’s room first, shouting “Get down on the fucking ground.” The girl, who was lying on her bed, rolled onto the floor, where the agents handcuffed her. Next they went to the 11-year-old’s room. The girl was sleeping. Agents woke her up by shouting “Get down on the fucking ground.” The girl’s eyes shot open, but she was, according to her own testimony, “frozen in fear.” So the agents dragged her onto the floor. While one agent handcuffed her, another held a gun to her head.
Moments later the two daughters were carried into the living room and placed next to their parents on the floor while DEA agents ransacked their home. After 30 minutes, the agents removed the children’s handcuffs. After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left. “