GUN Man files suit after being shot by SWAT in wrong address raid

Discussion in 'On Topic' started by TL1000RSquid, Dec 9, 2006.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Man shot by SWAT team sues city
    Friday, December 08, 2006
    By DAVID HOLDEN
    Times Staff Writer [email protected]
    Lawyer says policeraided wrong house;$7.5 million sought

    A Limestone County man who was shot by Huntsville Police Department SWAT team members has filed a $7.5 million damage claim against the city.

    The four officers were in the wrong house when they shot Kenneth Wayne Jamar during a drug raid June 27, said Jamar's attorney, Mark McDaniel. He said Jamar, 50, was also unarmed.

    McDaniel filed the suit for injuries that Jamar allegedly suffered during the raid. The allegations in Jamar's claim contradict accounts by the police.

    The four officers were cleared in August after an investigation by a police shooting review board. A brief statement released by the police then said the officers were justified to use deadly force because the man they shot was pointing a pistol at them.

    "Being armed in your house is your constitutional right," McDaniel said. "And you have a right not to have the government break in and fire 16 shots at you."

    The shooting occurred as the SWAT team was helping federal agents serve arrest warrants in the area as part of a two-year undercover drug investigation.

    Federal officials held a news conference that same day about several arrests in the early morning hours to dismantle a notorious drug ring.


    Despite all the information gathered by the law enforcement agencies before the raid, the officers burst into the wrong house and shot the wrong man, McDaniel said.

    The wrong house was marked on an aerial photograph supporting the arrest warrant, McDaniel said.

    "Mr. Jamar's name does not appear on the search warrant nor does his address," he said. "Mr. Jamar was asleep and unarmed in his bed when the City of Huntsville Police Department SWAT team broke into his home and proceeded to fire upon his person with assault rifles at close range."

    The federal search arrest warrant was to be served at 13355 Honey Way in the Madison portion of Limestone - the residence of Jerome Wallace, Jamar's nephew. Jamar lives at 13389 Honey Way.

    Jamar was already bedridden after two heart attacks and other physical problems, McDaniel said.

    "He has a pacemaker in his chest and has to use crutches to walk," he said.

    Lawyer: 16 shots fired

    The officers fired 16 shots into the room, and Jamar was stuck by five bullets, said Marcus Helstowski, a lawyer in McDaniel's firm. Jamar was wounded in the foot, hip and groin, he said.

    The officers were searching for Wallace, who lived in a trailer that was 200 to 250 feet west of Jamar's residence, Helstowski said.

    Wallace was arrested while watching the commotion that had gathered near his uncle's home. He is scheduled for trial in federal court in January on charges of conspiracy to distribute controlled substances, according to a spokesman for the U.S. Attorney's Office.

    The shooting review board report said the officers identified themselves as police before they crashed through two doors and encountered Jamar. The statement said he was standing in the middle of his room pointing a pistol at the officers when they kicked open the door.

    The officers shot Jamar after he disobeyed several warnings to drop his weapon, the report said. Report conceded mix-up

    The report acknowledged that Jamar was not a target of the investigation and that the officers had a search warrant for 13355 Honey Way. The report did not explain why officers raided the wrong house.

    The Limestone County Sheriff's Office investigated and said it found no reason to pursue charges against the officers. Sheriff Mike Blakely was not available for comment Thursday.

    The police officers did not verify nor confirm the address nor the identity of occupants of the residence where the search was to be served, McDaniel said.

    McDaniel said he hired a forensics expert to analyze the paths of the bullets. He declined Thursday to reveal the findings of his expert.

    McDaniel said the police were negligent and careless in their execution of the warrant. The city failed in its duty to properly supervise its officers, he said.

    City Attorney Peter Joffrion said Thursday that it is against city policy to comment on pending claims or litigation.

    The U.S. Attorney's Office declined to comment on the suit.

    http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1165583703275470.xml&coll=1

    I hope he fucking wins.
     
  2. Thunderbear

    Thunderbear Yggdrasil's Forester.

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    So is it good or bad that he didn't get a shot off? :o
     
  3. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Damn, dude is lucky to be alive.
     
  4. Ludeykrus

    Ludeykrus New Member

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    Seriously? :eek3:

    I hope this guy takes them for all they're worth.

    "Yeah, we got the wrong guy, and he wouldn't have been shot had we done our job correctly, but we see no reason why he should sue us."

    Riiiight.....
     
  5. Soybomb

    Soybomb New Member

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    I hope he cleans them out.
     
  6. KIDRR

    KIDRR Duck dog>* OT Supporter

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    Me too. These knuckle head police have to learn that they can't do whatever the hell they want and get away with it. I bet if he shot a few of them he'd be in jail right now. Total bullshit :madfawk:
     
  7. jdog12

    jdog12 New Member

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    I hope the guys wins.
     
  8. jdog12

    jdog12 New Member

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    police had NO legal right to be in his home, they may as well have been people breaking into his home the steal from the guy/kill him.
     
  9. The Dude

    The Dude Active Member

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    For every one thing that goes wrong with the police pursuing criminals, one thousand things go right. So this really isn't a big deal to me, he should of put his gun down.
     
  10. Big Daddy

    Big Daddy New Member

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    So if I want to do as home invasion, all I have to do is say that I am the police before I break down the door and they have to disarm themselves? :ugh:


    Some swat team, 16 shots five hits and didnt even kill a bedridden guy that just had 2 heart attacks..
     
  11. spankaveli

    spankaveli OT Supporter

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    he says he had no gun, cops say he did

    but i find it funn that there's no mention in the article of the cops locating the gun that he was supposedly pointing at them

    also, if they annouced themselves and then kicked in the door, did he really have time (if he's on crutches) to get up from the bed, grab his gun and point it towards the door? :rofl:
     
  12. Vermincelli

    Vermincelli Banned

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    GET OFF MY LAWN!
    I would have drawn on people breaking into my house even when announcing because they have no right to be in there pointing weapons at me. By breaking into the wrong house they have broken the law. You can't go breaking down someone's door without a warrant for that specific location and/or just cause.
    They are going to loose this one the moment the lawyer asks the officers if the the address of the house they went into was the same address that is printed on the warrant.
     
  13. vettefan52

    vettefan52 Guest

    and yet the cops will get off scott free. what a wonderful fucking shithole country we live in.
     
  14. [DWI]

    [DWI] Master of Nothing

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    while i have never read about an actual break in claiming to be the cops I would not be surprised if it has actually happened and I have about such things, but knows what hand that is.

    If someone claims to be the cops I would require some proof, granted at this point I don't have much to steal and I think 6 with dressed in body armor and armed with MP5 or M16 and 1911's, with that kind of gear I would think cops, with too fat guys in mushmouth style ski masks and AK's not so much so.
     
  15. KIDRR

    KIDRR Duck dog>* OT Supporter

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    :ugh2:You say this now as you sit back in your computer chair relaxing but lets see what happens at 3 in the morning when you're awoken out of a dead sleep to the sound of your door being kicked in
     
  16. Bigsnake

    Bigsnake OT Supporter

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    Seems the police raiding the wrong house is somewhat of a common thing...
     
  17. spankaveli

    spankaveli OT Supporter

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    No where in the article does it say that a weapon was recovered. If the SWAT's main reason for shooting him was that he wouldn't put down his weapon, don't you think they would have tried their damnedest to find the weapon and prove their reasoning?
     
  18. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    How do you even know there cops though? Especially if your a law abiding citizen who has no reason to believe a warrent is going to be served against? I can order some black BDU's, balacava, and put a police patch on a vest, grab my m4gery and 1911 when I kick your door in at 3am will you be able to tell if im a cop or a home invader? Are you just going to comply?

    Hey I haven't gotten your new address since you moved PM me with it. Hows that new big plasma working out? :wiggle:
     
  19. Soybomb

    Soybomb New Member

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    I don't do anything in life that would justify a swat raid on my house. Why should I assume that the people in tacticool clothes in my living room are cops?

    http://www.ajc.com/news/content/metro/atlanta/stories/2006/10/30/1030shooting.html?cxntnid=bn103006e
    Man shot by intruder posing as FBI agent

    By MIKE MORRIS
    The Atlanta Journal-Constitution
    Published on: 10/30/06

    A south Fulton County homeowner was shot early Monday by a masked intruder claiming to be an FBI agent, police said.

    The suspect kicked in the back door of the home on Hidden Court, in a subdivision off Welcome All Road, about 4 a.m., setting off the home's burglar alarm, Fulton police Cpl. Gary Syblis said.

    The 53-year-old victim told police he got out of bed and heard the suspect coming up the stairs, yelling, "FBI, FBI, FBI," Syblis said.

    Syblis said the homeowner confronted the suspect, who was wearing a ski mask and dark clothing.

    The suspect fired four times, striking the victim once in the stomach. The victim returned fire, but apparently did not hit the suspect, who fled the home after the shooting.

    The victim, whose name has not been released, was taken to Grady Memorial Hospital. His condition was not immediately available.
     
  20. Paul Revere

    Paul Revere OT Supporter

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    goat, regardless of disobeying police orders, they had no right to be in his house in the first place.
     
  21. UnleashTheBeast

    UnleashTheBeast rawR OT Supporter

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    Ouch. Take em for everything bishes.
     
  22. DaJMan

    DaJMan When i was young, i dreamed of being a baseball

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    im usually fully against courts making examples out of people in one case, but i think it needs to be done in this particular circumstance!
    this was a blatant fuck-up that could have been prevented with simple check-and-double check procedures in place!

    i hope that this guy sues for millions and wins so other police services are forced to introduce some needed check procedures into their raids...
     
  23. ledzep73

    ledzep73 New Member

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    :werd:

    16 shots, 5 hits, close range, guy not dead, wrong house, all sorts of fucked up shit. This is crazy.
     
  24. ledzep73

    ledzep73 New Member

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    A great check procedure could be just looking at the house #.
     
  25. DaJMan

    DaJMan When i was young, i dreamed of being a baseball

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    exactly! its as simple as that...!

    why cant they have a checklist to run through before giving the green light, just like pilots run through the checklist EVERY TIME before they taxi...? its simple, but it fucking works... most of the time
     

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