Houston Chronicle Sunday

Critics question toll of SWAT-style raids

A busted door. A flash-bang grenade tossed into a playpen. And a child who’s needed 15 surgeries because of an overzealou­s raid

- By Kevin Sack

CORNELIA, Ga. — This town on the edge of the Appalachia­ns has fewer than 5,000 residents, but the SWAT team was outfitted for war.

At 2:15 a.m. on a moonless night in May 2014, 10 officers rolled up a driveway in an armored Humvee, three of them poised to leap off the running boards. They carried Colt submachine guns, light-mounted AR-15 rifles and Glock .40-caliber sidearms. Many wore green body armor and Kevlar helmets. They had a door-breaching shotgun, a battering ram, sledgehamm­ers, Halligan bars for smashing windows, a ballistic shield and a potent flash-bang grenade.

The target was a single-story ranch-style house. Not even four hours earlier, three informants had bought $50 worth of methamphet­amine in the front yard. That was enough to persuade the county’s chief magistrate to approve a no-knock search warrant authorizin­g the SWAT operators to storm the house without warning.

The point man on the entry team found the side door locked and nodded to Deputy Jason Stribling, who took two swings with the metal battering ram. As the door splintered near the deadbolt, he yelled, “Sheriff’s department, search warrant!” Another deputy, Charles Long, had already pulled the pin on the flash-bang. He placed his left hand on Stribling’s back for stability, peered quickly into the dark and tossed the armed explosive about 3 feet inside the door.

It landed in a playpen. ‘Dynamic entry’ raids

As policing has militarize­d to fight a faltering war on drugs, few tactics have proved as dangerous as the use of forcible-entry raids to serve narcotics search warrants, which regularly introduce violence into missions that might be accomplish­ed through patient stakeouts or simple knocks at the door.

Thousands of times a year, these “dynamic entry” raids exploit the element of surprise to effect seizures and arrests of neighborho­od drug dealers. But they also have led time and again to avoidable deaths, gruesome injuries, demolished property, enduring trauma, blackened reputation­s and multimilli­on-dollar legal settlement­s at taxpayer expense, an investigat­ion by the New York Times found.

For the most part, government­s at all levels have chosen not to quantify the toll by requiring reporting on SWAT operations. But the Times’ investigat­ion, which relied on dozens of open-record requests and thousands of pages from police and court files, found that at least 81 civilians and 13 law enforcemen­t officers died in such raids from 2010-16. Scores of others were maimed or wounded.

Innocents have died in attacks on wrong addresses, including a 7-year-old girl in Detroit, and collateral­ly as police pursued other residents, among them a 68-yearold grandfathe­r in Framingham, Mass. No recompense or apology

Search warrant raids account for a small share of the nearly 1,000 fatalities each year in officer-involved shootings. But what distinguis­hes them from other risky interactio­ns between police and citizens is that they are initiated by law enforcemen­t.

Police officers and judges must find probable cause of criminal activity to justify a search warrant. Absent resources for endless stakeouts, police tacticians argue that dynamic entry provides the safest means to clear out heavily fortified drug houses and to catch suspects with the contraband needed for felony prosecutio­ns.

But critics question whether the benefits outweigh the risks. The drug crimes used to justify so many raids, they point out, are not capital offenses. And even if they were, that would not rationaliz­e the killing or wounding of suspects without due process.

The Times found that from 2010-15, an average of least 30 federal civil rights lawsuits were filed a year to protest residentia­l search warrants executed with dynamic entries. Many of the complaints depict terrifying scenes in which children, elderly residents and people with disabiliti­es are manhandled at gunpoint, unclothed adults are rousted from bed and houses are ransacked without recompense or apology.

“There’s a real misimpress­ion by the public that aggressive police actions are only used against hardened criminals,” said Cary J. Hansel, a Baltimore lawyer who has represente­d plaintiffs in such lawsuits. “But there are dozens and dozens of cases where a noknock warrant is used against somebody who’s totally innocent.”

At least seven of the federal lawsuits have been settled for more than $1 million in the past five years.

In most botched raids, prosecutor­s declined to press charges against the officers involved. ‘Why didn’t you knock?’

Perhaps no fiasco illustrate­s the perils of no-knock searches as graphicall­y as the 2014 raid in Georgia’s northeast corner.

When the flash-bang detonated with a concussive boom, a blinding white light filled the room. The entry team rumbled in, screaming for the occupants to get to the ground. Stribling peered into the playpen with a flashlight and found 19-monthold Bounkham Phonesavan­h.

The child, known affectiona­tely as Bou Bou, had a long laceration and burns across his chest, exposing his ribs, and another gash between his upper lip and nose. His round, cherubic face was bloodied and blistered. The heat had singed away much of his pillow and dissolved the mesh side of the playpen.

As SWAT officers administer­ed first aid to Bou Bou Phonesavan­h, other agents detained his parents — Bounkham and Alecia Phonesavan­h — and their three other children, ages 3 to 7.

“You know why we’re here,” an officer barked at Bounkham Phonesavan­h.

He didn’t. “Why didn’t you knock on the door?” he asked.

Bou Bou survived the explosion after being sped to a hospital in Atlanta. Now 4, he underwent his 15th surgery late last year, with more to come, his mother said.

The Phonesavan­hs received $3.6 million in settlement­s to the federal lawsuit they filed against the drug and SWAT teams.

A Habersham County grand jury issued a stinging report but found no criminal negligence and declined to indict any of the participan­ts.

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 ?? Georgia Bureau of Investigat­ion via New York Times photos ??
Georgia Bureau of Investigat­ion via New York Times photos

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