3 await sentencing in fatal shooting of woman, 92, in 2006 in drug case gone wrong.
By Bill Rankin
Atlanta Journal-Constitution
ATLANTA — Three disgraced and tearful former Atlanta cops apologized Monday for the botched drug raid that left terrified 92-year-old Kathryn Johnston shot dead by police bullets.
One by one, former officers Gregg Junnier, Jason Smith and Arthur Bruce Tesler —- all wearing jail jumpsuits and leg irons —- stood before a federal judge and discussed their roles in the events leading up to the shooting and the coverup afterward. Tesler disputed some details of the prosecution’s account of his role.
The emotional hearing continues today, with U.S. District Court Judge Julie Carnes expected to impose prison terms for all three. They previously pleaded guilty to conspiring to violate Johnston’s civil rights by causing her death.
On Monday, family, friends, pastors and former colleagues praised the former officers for being supportive husbands, caring parents and dedicated public servants.
But throughout it all, Johnston’s presence loomed. Her photo was displayed on a large screen hanging from a courtroom wall and on the video monitors facing the three defendants.
On Nov. 21, 2006, Smith falsified an affidavit to obtain a no-knock search warrant allowing narcotics officers to batter down Johnston’s door. Apparently thinking she was being invaded, Johnston fired a shot from an old rusty revolver through the door. Officers responded with 39 rounds. Five or six struck and killed her.
Kelly Hill, who took Johnston on errands, recalled her friend as independent, vibrant and sharp-witted.
“She lived a life of quiet dignity and pride,” said Hill, her voice breaking. “She’ll always be remembered for the disgusting way she died. She didn’t deserve it.”
Sentencing guidelines recommend Smith serve 12 years and seven months in prison and that Junnier and Tesler serve 10 years and one month.
Assistant U.S. Attorney Jon-Peter Kelly told Carnes that Junnier provided “almost unprecedented” cooperation by coming to the FBI three weeks after the raid and saying what really happened at 933 Neal St. For this reason, he asked Carnes to sentence Junnier to five or six years in prison.
Because Smith also cooperated, Kelly recommended his time be cut by almost two years. Tesler’s sentence should stay the same if Carnes finds he has truly accepted responsibility, Kelly said.
Tesler said when he joined the narcotics unit, he was told to “sit, watch and learn” from superiors who cut corners to meet performance quotas for arrests and warrants. “I was a new part and plugged into a broken system,” Tesler said.
Tesler said when he saw Smith about to plant baggies of marijuana inside Johnston’s home to make it look like a drug house, he shook his head in disapproval. Tesler said he falsified the police report and later lied about the raid because Smith told him to follow the coverup script. Tesler said he wasn’t about to “rat” on a senior officer.
His father, Jack Tesler, said his son was “being vilified and overprosecuted.”
Smith said his moral compass failed when he began to think “drug dealers were no longer human.
“I saw myself above them,” he said.
As for his actions in the Johnston case, Smith said, “There is no excuse for my conduct.”
Junnier, the most experienced member of the unit, told Carnes that he always told his son and daughter to tell the truth.
“I broke that [rule] myself,” he said, sobbing. “It’s hard to try to even face them now and say that.”
Junnier said that while he didn’t write the falsified warrant, he did nothing to correct it. If so, he said, “it probably wouldn’t have been served and Ms. Johnston would be here today.”
Copyright 2009 Atlanta Journal-Constitution